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HomeMy WebLinkAboutItem 06.i July 5, 2016 Item No. _____ ETS ELITE SOUTH METRO CONDITIONAL USE PERMIT Proposed Action Staff recommends adoption of the following motion: Move to approve the ETS Elite South Metro conditional use permit and adopt the findings of fact. Overview The owners of ETS Elite South Metro have submitted a conditional use permit application and plans for an athletic training facility to be located at 21021 Heron Way. The property is zoned I- 1, Limited Industrial District. Commercial recreation uses are allowed by conditional use permit in the I-1 District. Two previous conditional use permits have been approved for commercial recreation uses in different tenant spaces in this building over the past few years. The Planning Commission held a public hearing on the conditional use permit application at June 16, 2016 meeting. The Planning Commission recommended unanimous approval of the conditional use permit subject to three stipulations. There was no public comment at the public hearing. Primary Issues to Consider None Supporting Information • Conditional Use Permit form • Findings of fact • June 16, 2016 draft Planning Commission meeting minutes • June 9, 2016 planning report Financial Impact: $ None Budgeted: Y☐ N ☐ Source: ______________________________________________ Related Documents (CIP, ERP, etc.): Zoning Ordinance_______________________________________________________________ Envision Lakeville Community Values: Diversified Economic Development_______________________________________ Report Completed by: __Frank Dempsey, AICP, Associate Planner___________________________________________________ 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 16-____ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a Conditional Use Permit to ETS Elite South Metro to allow an athletic training facility in the I-1, Limited Industrial District located at 21021 Heron Way. 2. Property. The permit is for the following described property located in the City of Lakeville, Dakota County, Minnesota: 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 3. Conditions. The conditional use permit is issued subject to the following: a) A sign permit must be issued by the City prior to the installation of any signs. b) 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. c) 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. 4. Termination of Permit. The City may revoke the conditional use permit following a public hearing for violation of the terms of the permit. 2 5. Lapse. If within one year of the issuance of this conditional use permit the use allowed by this permit has not commenced, this permit shall lapse. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: July 5, 2016 CITY OF LAKEVILLE BY:________________________ Matt Little, Mayor BY:________________________ Charlene Friedges, City Clerk The following instrument was acknowledged before me this 5th day of July 2016 by Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. __________________________ Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ETS ELITE SOUTH METRO CONDITIONAL USE PERMIT FINDINGS OF FACT AND DECISION On June 16, 2016 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the request of ETS Elite South Metro for a Conditional Use Permit to allow a commercial recreation use in the I-1, Limited 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. The City Council hereby adopts the following: 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. DECISION The City Council approves the ETS Elite South Metro conditional use permit in the form attached hereto. Dated: July 5, 2016 CITY OF LAKEVILLE BY:______________________ Matt Little, Mayor BY:_______________________ Charlene Friedges, City Clerk Planning Commission Meeting Minutes, June 16, 2016 Page 4 6. ETS Elite South Metro Chair Swenson opened the public hearing to consider the application of ETS Elite South Metro for a conditional use permit (CUP) to allow an indoor commercial recreation facility in the I-1, Limited Industrial District, located at 21021 Heron Way. Ryan Englebert, owner of ETS Elite presented an overview of their request. He thanked Associate Planner Frank Dempsey and staff for all their help with their request for a CUP. He indicated they have a very successful facility in Woodbury and are looking forward to expanding in Lakeville. They focus on training athletes privately from the youth level to the professional level. He asked his business partner, Minnesota Vikings wide receiver Adam Thielen, who Mr. Englebert has been training for four years, to say a few words. Mr. Thielen spoke very highly of Mr. Englebert and their facility. They are both very passionate about the development of young athletes and he believes their company will be a great asset to this community. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that ETS Elite South Metro have submitted a CUP application and plans for a proposed athletic training facility located at 21021 Heron Way, which is allowed in the I-1, Limited Industrial District by CUP. Mr. Dempsey reviewed the performance criteria for commercial recreation facilities in the I-1 District, which are listed in detail in the June 9, 2016 planning report. Mr. Dempsey stated that Planning Department staff recommends approval of the ETS Elite South Metro conditional use permit, and adoption of the Findings of Fact dated June 16, 2016, subject to the three stipulations listed in the June 9, 2016 planning report. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Drotning, seconded by Reuvers to close the public hearing at 6:35 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson stated he appreciates that these types of businesses are utilizing buildings in Airlake Industrial Park. Motion was made by Drotning, seconded by Kaluza to recommend to City Council approval of the ETS Elite South Metro conditional use permit to allow an indoor commercial recreation facility in the I-1, Limited Industrial District, located at 21021 Heron Way, and adoption of the Findings of Fact dated June 16, 2016, subject to the following stipulations: Planning Commission Meeting Minutes, June 16, 2016 Page 5 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. Ayes: Lillehei, Swenson, Reuvers, Kaluza, Drotning, Einck Nays: 0 7. Spirit Place at Brandtjen Farm Chair Swenson opened the public hearing to consider the application of HJ Development LLP for a preliminary and final plat and PUD development stage plans for one lot and four outlots to be known as Spirit Place at Brandtjen Farm (previously known as Spirit of Brandtjen Farm Commercial 3rd Addition) to allow the construction of a PetSmart retail building, located south of 160th Street (CSAH 46) and west of Elmhurst Lane. Chris Moe, Vice President of Leasing & Development for HJ Development along with Diana Rinck from PetSmart and Dan Pollastrini from Pope Architects presented an overview of their request. Mr. Moe stated PetSmart will not have boarding of animals or veterinary services with the initial opening of their business. He stated they worked with City staff to come up with an architectural design to fit in better with the Spirit of Brandtjen Farm PUD. Ms. Rinck explained why PetSmart is proposing three signs for the building. Planning Consultant Dan Licht presented the planning report. Mr. Licht stated that SBF Development Corp. and HJ Development have submitted plans for Spirit Place of Brandtjen Farm, to be platted from Outlot B, SBF Commercial 1st Addition, which consists of one lot and four outlots. Lot 1, Block 1 is proposed for development of an 18,000 square foot building for PetSmart. Retail stores are a permitted use in this area of the Spirit of Brandtjen Farm PUD. He indicated that the proposed pet sales and grooming areas are subject to the requirements of the Zoning Ordinance as a condition of PUD development stage plan approval. Inclusion of veterinary services in the future will require an amendment of the PUD development stage plan. Interior setbacks in the PUD District are to be evaluated based on specific site designs. The proposed principal building is setback 30 feet from the north plat line and parking areas are setback a minimum of 15 feet from all public rights-of-way and the shared east-west private drive along the south plat line. Mr. Licht reviewed the vehicle access and shared drive aisle. The submitted site plan illustrates 83 parking stalls within Lot 1, Block 1, which exceeds the 81 required parking stalls per the Zoning Ordinance. An ingress/egress easement and shared parking agreement is required for access and parking stalls within Lot 1, Block 1, Outlot B, and Outlot C. 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