Loading...
HomeMy WebLinkAboutItem 06 1 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 2 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. 3 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. I-1 C-1 RM-1 C-3 I-1 RS-3 I-2 P/OS 215TH ST W 214TH ST W HA Y E S A V E LAKEVILL E B L V D 210TH ST W 213 T H S T W 210TH ST W HE Y W O O D A V E 208TH ST W HE M L O C K A V E HE R O N W A Y Ü 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