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City of Lakeville
Planning Department
MEMORANDUM
To : Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: June 9, 2016
Subject: Packet Material for the June 16, 2016 Planning Commission Meeting
Agenda Item: ETS Elite South Metro Conditional Use Permit
Action Deadline: July 25, 2016
INTRODUCTION Representatives of ETS Elite South Metro have submitted a conditional use permit application and plans for a proposed athletic training facility to be located at 21021 Heron Way. The proposed use is considered to be commercial recreation, which is allowed in the I-1, Limited Industrial District by conditional use permit.
EXHIBITS A. Location and Zoning Map B. Aerial Photo Map C. Applicant Narrative D. Site Plan E. Floor Plan (2 Pages)
STAFF ANALYSIS
Zoning. The subject property is zoned I-1, Limited Industrial District. In addition to the proposed athletic training facility commercial recreation use, the building on the subject property has five multiple tenant occupancies including a print shop, software and
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assembly, internet retail sales office, a distributor of odor and scent additives, and a landscape maintenance sub-contractor’s office. Two previous commercial recreation facility uses were approved by conditional use permit in this same building but in different tenant bays in 2005 and 2012. Both of these uses have since been discontinued. Section 11-86-7.D of the Zoning Ordinance allows commercial recreation facilities in the I-1 District subject to compliance with five listed criteria. The five criteria and my analysis of each are as follows:
1. The architectural appearance and function plan of the building and
the site shall be designed with a high standard of architectural and
aesthetic compatibility with surrounding properties. Building materials,
orientation, colors, height, roof design, lighting, signage and site
landscaping shall be designed to complement the surrounding industrial
properties and demonstrate potential industrial reuse. All sides of the
principal and accessory structures are to have essentially the same or a
coordinated, harmonious exterior finish treatment.
The existing exterior building appearance and interior functional plan will not be
changed with the proposed commercial recreation facility. The masonry exterior of
the building meets the requirements of the I-1 District.
2. A commercial recreational use shall not be located within a shared tenancy
building containing a use classified as an "H" occupancy as defined by Minnesota
state building code, as may be amended.
According to the building owner, there are no H (Hazardous) occupancy tenants in
the multi-tenant building. No future H classified tenant can occupy the subject
building as long as the commercial recreation use occupies the same building.
3. In multiple occupancy buildings, a material safety data sheet (MSDS)
shall be required identifying all materials stored or used in the operation of
the tenant businesses. Any change in building tenants shall require that the
MSDS be updated and provided to all other tenants in the multitenant
building.
There are currently no tenants in the building that require material safety data
sheets (MSDS) for hazardous materials. Any future tenants that require MSDS are
required to notify the City and supply the relevant MSDS information. The property
owner and future tenants of the property shall notify the City of any MSDS
documents of existing or future tenants of the building as long as the commercial
recreation use occupies the building.
4. A commercial recreational use in a shared tenancy building shall
have its own exterior entrance and exit.
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ETS Elite South Metro will have its own entrance and exit from the south side of the
building as shown on the floor plan. There is also a rear exit on the north side of the
building but it will not be used by the general public.
5. The site must be accessed via a collector street. Vehicular access points
shall create a minimum of conflict with through traffic movement, shall comply
with chapter 19 of this title and shall be subject to the approval of the city
engineer.
The property is accessed via 210th Street, a major collector road. Findings of Fact are attached for your review and consideration.
RECOMMENDATION Planning Department staff recommends approval of the conditional use permit for the ETS Elite South Metro commercial recreation use in the I-1 District, subject to the following stipulations: 1. A sign permit must be issued by the City prior to the installation of any signs. 2. No H (Hazardous) Occupancy tenants are allowed in the multiple tenant industrial building as long as the commercial recreation use is a tenant in the same building. 3. If any future tenants of the building being jointly occupied by this commercial recreation use require Material Data Safety Sheets (MSDS), the building owner shall notify the City and provide the City with copies of the MSDS documents.
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21021 HERON WAY
EXHIBIT A
EXHIBIT B
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
ETS ELITE SOUTH METRO CONDITIONAL USE PERMIT
On June 16, 2016 the Lakeville Planning Commission met to consider the request of ETS Elite
South Metro for a Conditional Use Permit to allow a commercial recreation use in the I-1,
General Industrial District located at 21021 Heron Way. The Planning Commission conducted
a public hearing on the proposed conditional use permit preceded by published and mailed
notice. The applicant was present and the Planning Commission heard testimony from all
interested persons wishing to speak.
FINDINGS OF FACT
1. The property is located in Comprehensive Planning District No. 8, which guides the
property for Industrial use.
2. The property is zoned I-1, Limited Industrial District.
3. The legal description of the property is:
All of Lot 9 and that part of Lot 10 lying West of the East 118.86 feet of said Lot 10, all
in Block 2, Airlake Development Fourth Addition
4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a conditional
use permit may not be issued unless certain criteria are satisfied. The criteria and our
findings regarding them are:
a) The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the Official City
Comprehensive Plan.
Finding: The proposed commercial recreation use is consistent with the policies and
provisions of Planning District 8 of the Comprehensive Land Use Plan.
b) The proposed use is or will be compatible with future land uses of the area.
Finding: The proposed commercial recreation use is compatible with surrounding
industrial uses provided compliance with the stipulations of the conditional use permit.
c) The proposed use conforms with all performance standards contained in the
Zoning Ordinance and the City Code.
Finding: The proposed commercial recreation use conforms with the performance
standards set forth in the Zoning Ordinance given compliance with the stipulations of the
conditional use permit.
d) The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
Finding: The proposed commercial recreation use will not overburden the City’s sanitary
sewer and water systems and can be served with existing public services.
e) Traffic generation by the proposed use is within capabilities of streets serving the
property.
Finding: Traffic generation by the commercial recreation use can be accommodated with
the existing streets serving the property.
5. The planning report dated June 9, 2016 prepared by Associate Planner Frank Dempsey is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the conditional use permit in
the form attached thereto.
Dated: June 16, 2016
LAKEVILLE PLANNING COMMISSION
BY: ___________________________
Jason Swenson, Chair