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HomeMy WebLinkAboutItem 06.f Date: Item No. MULLER FAMILY THEATRE SECOND ADDITION PRELIMINARY AND FINAL PLAT Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the Muller Family Theatre Second Addition preliminary and final plat. Overview Representatives of Muller Family Theatres Partnership have submitted applications for the preliminary and final plat of two lots for a proposed 10,745 square foot office building. The property is located south of 205th Street and west of Keokuk Avenue. One lot will contain the existing movie theater and one lot will be for future development of the office building. The office building would be located in the northeast corner of the existing Emagine Lakeville movie theater parking lot. The 11.88 acre subject property is currently platted as Lot 1, Block 1, Muller Family Theatre Addition and is zoned C-3, General Commercial District. The theater has completed a significant remodel of the interior of their building which reduced the amount of required parking and made the excess parking lot area available for development on a separate parcel. The Planning Commission held a public hearing on the proposed preliminary and final plat at their August 3, 2017 meeting and unanimously recommended approval. There was public comment from one resident in the neighborhood. The Parks, Recreation and Natural Resources Committee recommended unanimous approval of the preliminary and final plat at their August 2, 2017 meeting. Primary Issues to Consider • Does the proposed subdivision comply with Zoning and Subdivision Ordinance requirements? The proposed Muller Family Theatre Second Addition meets the requirements of the Zoning and Subdivision Ordinances. Construction on the new lot may commence upon staff approval of a site plan application and building permit. Supporting Information • Preliminary and Final Plat Resolution • Signed development contract • August 3, 2017 Planning Commission meeting minutes • August 2, 2017 Parks, Recreation and Natural Resources Committee meeting minutes • July 27, 2017 planning report and July 26, 2017 engineering report Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Frank Dempsey, AICP, Associate Planner September 5, 2017 Zoning and Subdivision Ordinances (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. __________ RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF MULLER FAMILY THEATRE SECOND ADDITION WHEREAS, the applicant of the plat described as Muller Family Theatre Second Addition has requested preliminary and final plat approval; and WHEREAS, the preliminary and final plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee; and WHEREAS, the preliminary and final plat are acceptable to the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The preliminary and final plat for Muller Family Theatre Second Addition is hereby approved subject to the developer’s execution of the development contract and security requirements. 2. The Mayor and City Clerk are hereby directed to sign the final plat mylars and development contract. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 5th day of September, 2017 CITY OF LAKEVILLE BY: _________________________ Douglas P. Anderson, Mayor ATTEST: ________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. _______ is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 5th day of September, 2017, as shown by the minutes of said meeting in my possession. ________________________ Charlene Friedges, City Clerk (SEAL) CITYOFLAKEVILLE PLANNINGCOMMISSIONMEETINGMINUTES August3, 2017 Vice Chair Kaluza 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: Vice Chair Pat Kaluza, Brooks Lillehei, Paul Reuvers, Scott Einck, Jason Kelvie, Elizabeth Bakewicz, Ex-officio Member Mike Lamm Members Absent: Chair Jason Swenson, Karl Drotning Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Matt Decur, Senior Project Engineer; and Penny Brevig, Recording Secretary 3. Approval oftheMeeting Minutes The July 20, 2017 Planning Commission meeting minutes were approved as presented. Commissioner Lillehei asked that the work session minutes reflect the following: Commissioner Kelvie excused himself from the meeting after the Peter Kenow variance discussion Ex-officio member Mike Lamm was not in attendance at the work session The July 20, 2017 Planning Commission work session minutes were approved as amended. 4. Announcements Mr. Morey stated that the following items were distributed attonight’smeeting: August 2, 2017 Parks, Recreation and Natural Resources draft motions regarding the Muller Family Theatre Second Addition and Bethlehem Baptist Church preliminary and final plats E-mails from three residents regarding the Bethlehem Baptist Church agenda item Amended Stipulation #4 for the Recycle Minnesota CUP 5. MullerFamilyTheatre Second Addition Vice Chair Kaluza opened the public hearing to consider the application of Muller Family Theatres Partnership for a preliminary and final plat of two lots to be known asthMullerFamilyTheatreSecondAddition, located south of 205 Street and west of Keokuk Avenue. PlanningCommissionMeetingMinutes, August3, 2017 Page2 The applicant was not present at this time so Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Muller Family Theatre Second Addition consists of applications for the preliminary and final plat of two lots and a site plan review for the development of a proposed office building on one of the lots. He stated Lots 1 and 2, Block 1, Muller Family Theatre Second Addition exceed the minimum lot requirements in the C-3 District. Mr. Dempsey stated that no new street construction is proposed with the subject plat. thThereiscurrentlynotraillocatedonthesouthsideof205 Street. An eight foot wide concrete sidewalk is located on the west side of Keokuk Avenue. Mr. Dempseythindicatedthattrailconstructionwastooccuratthetimeof205Streeturbanizationor when the trail segments were constructed following the development of the adjacent properties. The trail must now be constructed in conjunction with the Muller FamilythTheatreSecondAdditionplat, which is located adjacent to205 Street. Mr. Dempsey commented that the access to the sites will continue to be from existingthdrivewayson205StreetandthatanewdrivewayisproposedfromKeokukAvenue to serve the new office building. Regarding the site plan, Mr. Dempsey stated that the proposed office building and parking lot meet the C-3 District setback requirements. Both the theater and the office building meet the Zoning Ordinance requirement for number of parking spaces. A shared parking agreement should be in place between the two properties if the two uses plan to share parking. Mr. Dempsey stated that staff recommends approval of the preliminary and final plat subject to the four stipulations listed in the July 27, 2017 planning report. Vice Chair Kaluza opened the hearing to the public for comment. Mike Herald, 20790 Junco Ct. Mr. Herald stated that he was representing the Morgan Square Townhouse Association. The association’smain concern was the gap in the existing path alongth205Streetadjacenttothemovietheaterproperty. He is glad to hear that the missing segment of this path will be constructed with this development. Dale Haider, representing the developer, arrived and indicated that the extra parking spaces from the reduction in seats with the remodeling of the movie theater is the main reason they decided to subdivide the lot. Motion wasmadebyKelvie, seconded byEincktoclosethepublichearing at 6:12p.m. Voicevotewastakenonthemotion. Ayes – unanimous Vice Chair Kaluza asked for comments from the Planning Commission. Discussion points included: PlanningCommissionMeetingMinutes, August3, 2017 Page3 Commissioner Lillehei wanted clarification about the cross parking agreement between the movie theater lot and the future office building lot. Mr. Haider stated that a cross access and parking easement will be put in place. Motion wasmade byLillehei, seconded byKelvieto recommend to City Council approval of the Muller Family Theatre Second Addition preliminary and final plat ofthtwolots, located south of 205 Street and west of Keokuk Avenue, subject to the following stipulations: 1. Implementation of the recommendations listed in the July 26, 2017 engineering report. 2. A site plan shall be submitted for staff review in conjunction with a building permit for Lot 2. 3. The site shall be developed consistent with the approved preliminary and final plat plans. 4. An agreement for shared driveway access and cross parking shall remain in full force and effect at all times for Lots 1 and 2, Block 1, Muller Theatre Second Addition. Ayes: Kelvie, Einck, Lillehei, Kaluza, Reuvers, Bakewicz Nays: 0 6. Bethlehem Baptist Church Addition Vice Chair Kaluza opened the public hearing to consider the application of BethlehemthBaptistChurchforthefollowing, located east of Kenrick Avenue and south of 205 Street: A. Preliminary and final plat of one lot and one outlot to be known as Bethlehem Baptist Church Addition; B. Conditional use permit to allow: a) a religious institution in the C-3, General Commercial District; b) building height greater than 35 feet; and c) an exception to the exterior building material requirements for an institutional use. Chuck Steddom and John Hendricks from Bethlehem Baptist Church, James Burton from Lambert Architects, and Norm Schroeder from Anderson Companies were in attendance attonight’smeeting. Pastor Steddom presented a history and overview of the request. He indicated that in2012 the church moved to Lakeville and holds worship services at Lakeville South High School. Their congregation in Lakeville is about 550 people and they have 4,000 members among all their campuses throughout the Twin Cities area. He stated that they want to maximize the space in this proposed new building with an education wing, multi-purpose gymnasium, and community and outreach center. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated preliminary and final plat and conditional use permit (CUP) applications have been submitted for the development of a church in the C-3, General Commercial District with a building height greater than 35 feet. He indicated that the subject property includes two separate parcels, one of which is a 15 foot wide strip of land PlanningCommissionMeetingMinutes, August3, 2017 Page4 owned by the City of Lakeville that the City has agreed to sell to the church as part of this project. The plans propose a 664-seat sanctuary church, administrative offices, nursery, classrooms and a gymnasium. Future plans propose a possible 300 seat balcony for a total of 964 seats in the sanctuary. Mr. Dempsey reviewed the existing conditions of the property along with adjacent land uses, zoning, and the City property transfer. He indicated that the proposed preliminary and final plat exceeds the Zoning Ordinance requirements for minimum lot size in the C-3 District . Mr. Dempsey reviewed the site plan. He indicated that the Bethlehem Baptist Church preliminary and final plat and site plan meets the C-3 District setback requirements. The tree preservation plan is proposing to save 42 of the 457 significant trees, which are primarily cottonwood, box elder, and aspen and are located primarily in the building and grading areas of the property. Mr. Dempsey stated that one wetland is located within the preliminary and final plat. The wetland has been delineated and incorporated into the preliminary and final plat plans. The wetland and wetland buffer will be located within Outlot A to be deeded to the City. Mr. Dempsey reviewed the landscape plan. The row ofexisting spruce trees near the east property line must be removed as they are in the location of the proposed parking lot east of the church. A double row of arborvitae (cedar) shrubs are proposed to provide screening of the parking lot from the single family homes to the east. Mr. Dempsey reviewed the CUP criteria for allowing religious institutions in the C-3 District, the height of the church building and cross, andthe exterior building materials, which are listed in the July 27, 2017 planning report. He indicated that the Zoning Ordinance requires institutional buildings toprovide a minimum of65% Grade A materials, but allows exceptions tothese provisions by conditional use permit. A sample of the proposed precast brick exterior building material, which the Zoning Ordinance designates as a Grade Bmaterial, was exhibited at the meeting. Mr. Burton and Mr. Schroeder explained why they felt that their proposed exterior material is a good quality product and should be allowed. He showed other buildings in the Twin Cities area with the same precast brick product. They stated that this product is environmentally safe due to the acid washing that takes place at the plant, not on site. This product allows faster construction because there is no cutting of brick on site, which also cuts down on dust during construction. Mr. Dempsey stated that staff recommends approval of the preliminary and final plat and CUP, and adoption of the Findings of Fact dated August 3, 2017, subject to the eight stipulations listed in the July 27, 2017 planning report. The e-mails that were received by staff and distributed at tonight’smeeting to the Planning Commission primarily raised concerns about tree removal and screening between the church and the adjacent residential uses. Vice Chair Kaluza opened the hearing to the public for comment. PlanningCommissionMeetingMinutes, August3, 2017 Page5 The following people spoke at tonight’smeeting: Jeanne Carlson, 20610 Kaiser Circle Victoria Pochman-LaCourse, 20605 Kaiser Circle Stan Tessmer, 17945 Jacquard Path Mark Langridge, 20635 Kaiser Way Tom and Deen Igou, 20655 Kaiser Court Kenneth Redler, 20665 Jaguar Avenue Joe Dennis, 2905 Foxpoint Road, Burnsville Joe Eykyn, 20697 Kaiser Way Mark Swenson, 20617 Kaiser Court John Hendricks, member of the building committee with Bethlehem Baptist Church Curtis Fisher, 20610 Kaiser Circle Sam Crabtree, Executive Pastor of Bethlehem Baptist Church when the subject property was acquired The comments from the public hearing were as follows: Very concerned about the removal of trees on the church property Decrease invalue of their homes due tothe tree removal and parking lot construction Noise from the freeway Told by their builder that the trees on the church property was a preservation area Hoped that a compromise could be reached regarding the amount of parking that is proposed so that fewer trees would have to be removed Asked ifan Environmental Impact Study had been done Wanted towork with the church and the City topreserve the trees Suggested an extra buffer oradding a noise wall The stormwater ponds in the Enclave at St. Frances Woods development were not constructed properly and they expressed concern thatthis development will make things worse Where will the stormwater runoff from the parking lot go? If the church removes trees, they should have toreplace trees Afraid that the large parking lot would bring crime to their neighborhood Do the trees need to be removed at the beginning of construction or when the church expands People spoke highly ofthe church and felt they would be an asset to the City of Lakeville A land swap with the adjacent Terra Products property was suggested to accommodate the future parking area. Having the church hold multiple services to reduce parking demand was also suggested. Motion wasmadebyKelvie, seconded byReuvers toclose thepublichearing at7:42p.m. Voicevotewastakenonthemotion. Ayes – unanimous PlanningCommissionMeetingMinutes, August3, 2017 Page6 Recessed at7:43p.m. Reconvened at7:53p.m. Vice Chair Kaluza asked staff to address the neighbors’ concerns. Mr. Morey’s comments were: The original St. Frances Wood preliminary plat included only townhomes, which was the intended transition between the C-3District properties along Kenrick Avenue and the single family neighborhood to the east. Due to the housing downturn during the recession, there was no interest in townhomes so the vacant portion of St. Frances Woods was re-platted as single family lots. Property values are not one ofthe CUP review criteria to be considered by the Planning Commission. Mr. Morey stated it would be very unlikely that property values would go down due to the development of the property for a church use. Emphasized strongly that people should contact the City to verify information they are told by builders before they purchase the property and build their homes. An Environmental Impact Statement (EIS) is not required for this project. Through the City’splatting and CUP application process, a thorough review of proposed grading, stormwater drainage, ponding, utilities, wetlands, and tree preservation is conducted by City staff. Referred to Mr. Dempsey’sdetailed planning report concerning parking. He stated the church is proposing 185 more parking spaces than the Zoning Ordinance requires. He thought that City staff could work with the church representatives to reduce the number offuture parking spaces to create a more extensive landscape screen along the east side of the church property. Clarified that tree removal and grading on the easterly portion of the property, adjacent to Enclave, will occur with Phase 1 of the church development because that is where the low point on the property is, thus where the stormwater ponding area will be located. Suggested the church could plant trees east of the future parking area with Phase 1 of the church development to give the trees a head start on growth prior to construction of the parking lot expansion. Vice Chair Kaluza asked for comments from the Planning Commission. Discussion points included: Possibly tabling this agenda item to allow the church time to address the screening concerns raised by the neighbors Why is the proposed brick material Grade B rather than Grade A? Mr. Dempsey indicated that this type of material was not anticipated when this section of the Zoning Ordinance was approved several years ago. Staff does not have any concerns about the quality of this product meeting the intent of the Zoning Ordinance for a Grade A material PlanningCommissionMeetingMinutes, August3, 2017 Page7 The height of the building and the cross were discussed. Mr. Dempsey clarified that the majority of the church building is 35 feet, the tallest portion of the church building is45 feet, and the cross is proposed at a height of 52 feet Discussed the addition of astipulation requiring the church to work with staff to provide a reasonable screening plan for the area adjacent to the residential lots to the east prior to City Council consideration of the preliminary and final plat and CUP. Mr. Morey stated that the City’s process allows for public input on planning applications at the Planning Commission meeting, not the City Council meeting. Staff would prefer to work with church representatives to revise the plans for screening the future parking area and bring it back to the Planning Commission for review and recommendation to the City Council. This will give the public a chance to comment on the revised plans prior to the City Council meeting. The City Council would not be obligated to take additional public comment on this development project. The three e-mails provided by staff attonight’s meeting were discussed. The issues raised in those emails is consistent with the issues raised bythe public attonight’smeeting Mr. Morey suggested that if the Planning Commission were to table this agenda item, they should table itto the next Planning Commission meetingthonAugust17. This would give staff a week to work with the church on revised plans to be included in the Planning Commission packet The Planning Commission wanted to know how the residents will be kept informed of this process. Mr. Morey stated that the residents should provide staff with their e-mail addresses and staff can email the revised plans and staff report direct to them. He also informed the residents that the packetthwillbeavailableontheCity’swebsite on the Friday prior to the August 17 Planning Commission meeting. Motion wasmadebyReuvers, seconded byKelvieto table action on this agenda item to the August 17, 2017 Planning Commission meeting. Ayes: Einck, Lillehei, Kaluza, Reuvers, Bakewicz, Kelvie Nays: 0 7. Recycle Minnesota, LLC / Dick’sSanitation Vice Chair Kaluza opened the public hearing to consider the application of Recycle Minnesota, LLC / Dick’sSanitation for a conditional use permit to allow a waste andthrecyclingtransferstation, located at 8812 – 215 Street. Brett Anderson, President and CEO of Recycle Minnesota, LLC and Jim Connelly, APPRO Development were in attendance at tonight’s meeting. Mr. Connelly presented an overview of their request and showed how the proposed use will relate tothe existing site improvements. Mr. Anderson explained that they are continuing to adapt their business model to keep competitive and serve their customers. Mr. Anderson also requested they be allowed Sunday hours. PlanningCommissionMeetingMinutes, August3, 2017 Page8 Commissioner Lillehei asked Mr. Anderson to explain a typical day of operations and asked if9:00 a.m. to 6:00 p.m. hours on Sunday would work. Mr. Anderson indicated that yes, those hours would be fine. He clarified that they would not be open to the public on Sunday. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that a CUP application and plans have been submitted for a proposed waste and recycling transfer station, which is now allowed in the I-1, Light Industrial District by CUP because of the Zoning Ordinance amendment approved by the City Council on March 6, 2017. Recycle Minnesota is proposing to expand the current recycling station building and introduce the sorting and transfer of residential and commercial waste. The public would be allowed to drop off recyclable materials including household metal, appliances, electronics, etc. Mr. Dempsey reviewed the six criteria listed in the Zoning Ordinance for waste and recycling transfer stations, which are listed in the July 27, 2017 planning report. Mr. Dempsey stated that Recycle Minnesota does not propose to construct the building addition right away. The site plan is intended to illustrate how the addition, circulation and parking will be incorporated into the site design. A separate site plan application must be submitted for administrative review and approval prior to a building permit being issued for the addition. Mr. Dempsey reviewed access and circulation to the site, size of the building addition and parking requirements. Mr. Dempsey referred to the handout with an amended Stipulation #4, as recommended by the City Attorney, which reads: 4. In the event of public complaints about noise from the use ofequipment on site, the operator shall take measures to mitigate the noise to alleviate the complaints. Noise resulting from the waste and recycling operations on site shall be regulated in accordance with Zoning Ordinance Section 11-16-25 as may be amended. Mr. Dempsey stated that if there are any noise complaints, the applicant must demonstrate compliance with City Code and State Statute. Mr. Dempsey stated that staff recommends approval of the Recycle Minnesota, LLC / Dick’sSanitation conditional use permit for a waste and recycling transfer station in the I-1 District and the adoption of the Findings of Fact dated August 3, 2017, subject to the seven stipulations listed in the July 27, 2017 planning report, as amended. Vice Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. PlanningCommissionMeetingMinutes, August3, 2017 Page9 Motion wasmadebyKelvie, seconded byReuvers toclose thepublichearing at8:45p.m. Voicevotewastakenonthemotion. Ayes – unanimous Vice Chair Kaluza asked for comments from the Planning Commission. Discussion points included: The Sunday “emergency hours” requested by the applicant. It was agreed by the Planning Commission and staff that Sunday hours would be 8:00 a.m. to 6:00 p.m. instead of having general emergency hours on Sunday. Commissioner Lillehei appreciated the extensive narrative for the proposed DSI Transfer Facility and indicated that he learned a lot about the recycling aspect of their business. Motion wasmadebyLillehei, seconded byEinckto recommend to City Council approval of the Recycle Minnesota, LLC / Dick’s Sanitation conditional use permit for a waste and recycling transfer station in the I-1 District, and adoption of the Findings of Fact dated August 3, 2017, subject to the following stipulations, as amended: 1. A Minnesota Pollution Control Agency permit and Dakota County permit shall be in full force and effect prior tocommencing operations of the waste and recycling transfer station. 2. Waste products shall not be stored outside the building. 3. The waste and recycling transfer station may operate between the hours of 6:00 a.m. and 6:00 p.m., Monday through Saturday and 8:00 a.m. to6:00 p.m. on Sunday. 4. Noise resulting from the waste and recycling operations on site shall be regulated in accordance with Zoning Ordinance Section 11-16-25 as may be amended. 5. The transfer station and the property on which it islocated shall be open atall times for inspection by the City, County, and State. 6. A parking deferment application shall be submitted prior to the issuance of a building permit for the proposed addition. 7. A sign permit must be issued by the City prior tothe installation of any signs. Ayes: Lillehei, Kaluza, Reuvers, Bakewicz, Kelvie, Einck Nays: 0 There being no further business, the meeting was adjourned at8:53 p.m. Respectfully submitted, Penny Brevig, Recording Secretary Parks, Recreation & Natural Resources Committee Meeting Minutes, August 2, 2017 Page 2 Parks, Recreation & Natural Resources Committee Meeting Minutes, August 2, 2017 Page 3 City of Lakeville Planning Department Memorandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: July 27, 2017 Subject: Packet Material for the August 3, 2017 Planning Commission Meeting Agenda Item: Muller Family Theatre Second Addition 1. Preliminary Plat 2. Final Plat 3. Site Plan Review Application Action Deadline: October 7, 2017 BACKGROUND Representatives of Muller Family Theatres Partnership have submitted applications for the preliminary and final plat of two lots and site plan review for the development a proposed 10,745 square foot office building. The preliminary and final plat totals 11.88 acres. One lot will contain the existing movie theater and one lot will be for future development of the office building. The office building will be located in the northeast corner of the existing Emagine Lakeville movie theater parking lot. The subject property is currently platted as Lot 1, Block 1, Muller Family Theatre Addition and is zoned C-3, General Commercial District. The theater property was platted and developed in 1997. The 1.75 acre commercial parcel in the southeast corner of the theater property was administratively subdivided from the theater property in 2016 and remains undeveloped. That parcel is shown as an exception to the preliminary plat. The subject property is located south of 205th Street and west of Keokuk Avenue. 2 The Muller Family Theatre Second Addition preliminary and final plat plans have been submitted to the Engineering Division, the Parks and Recreation Department and the Parks, Recreation and Natural Resources Committee. EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Preliminary Plat D. Final Plat E. Site Plan F. Removals (Demolition) Plan G. Parking and Easements Plan H. Utility Plan I. Grading Plan Surrounding Land Uses and Zoning North – 205th Street and undeveloped property (RM-1 District) South – 207th Street and undeveloped property (C-3 District) East – Keokuk Avenue and Walmart (C-3 District) West – Morgan Square Townhomes (PUD District) STAFF ANALYSIS PRELIMINARY AND FINAL PLAT Comprehensive Plan. The Muller Family Theatre Second Addition property is located in Planning District No. 6 of the 2008 Comprehensive Plan which guides the property for commercial use. The existing and proposed future commercial use is consistent with the commercial designation of the Comprehensive Land Use Plan. Zoning. The Muller Family Theatre Second Addition preliminary and final plat property is zoned C-3, General Commercial District zoning which allows theaters, retail, offices, service businesses, restaurants and the like. 3 Consistency with the Capital Improvement Plan (CIP). No public street construction or other public funded infrastructure construction is proposed with the Muller Family Theatre Second Addition preliminary and final plat. All City sanitary sewer, water and stormsewer improvements required for the area of the Muller Family Theatre Second Addition were installed by the developer with the Muller Family Theatre Addition development. Lots/Blocks. The Muller Family Theatre Second Addition preliminary and final plat proposes two lots on one block. The following C-3 District lot development requirements pertain to this preliminary and final plat: Lot Area: 20,000 square feet Lot Width: 100 feet Lot 1 Area (Theater): 10.13 acres Lot 1 Width: 135.6 feet Lot 2 Area: 1.75 acres Lot 2 Width: 266 feet Lots 1 and 2, Block 1, Muller Family Theatre Second Addition exceed the minimum lot requirements in the C-3 District. Outlots. No outlots are proposed with the Muller Family Theatre Second Addition preliminary and final plat. Streets. No new street construction is proposed with the Muller Family Theatre Second Addition preliminary and final plat. The property is adjacent to 205th Street, 207th Street and Keokuk Avenue. No additional road right-of-way is required with this preliminary and final plat. A new driveway will be constructed onto Keokuk Avenue directly across from the south driveway of the office building property across Keokuk Avenue to the east. The access at 205th Street will remain and will be a shared access between the theater and the office building. Trails and Sidewalks. There is no trail located on the south side of 205th Street. An eight foot wide concrete sidewalk is located on the west side of Keokuk Avenue. The Muller Family Theatre plat approved in 1997 was the first development of the Lakeville Commerce Center property abutting 205th Street at that time. The construction of the movie theater building and parking lot required extensive work on 205th Street with the construction of turn lanes at the west driveway entrance and at the 205th Street and Keokuk Avenue intersection. Trail construction was to occur at the time of 205th Street urbanization or when the trail was constructed with the development of the properties 4 to the west and on the east side of Keokuk Avenue. The trail is in place at those locations so the trail must now be constructed in conjunction with the Muller Family Theatre Second Addition plat. Grading, Drainage, Erosion Control, and Utilities. No significant changes to the grading and storm water facilities is proposed with this plat since the new lot will be replacing existing bituminous surface parking lot. City sewer and water utilities are adjacent to the property and are of adequate design to serve the new commercial lot. Grading, drainage and erosion control and utility plans have been submitted with the preliminary and final plat and site plans and have been reviewed by Matt Decur, Senior Project Engineer and Mac Cafferty, Environmental Resources Manager. A copy of the engineering report dated July 26, 2017 is attached for your review. The Engineering Division recommends approval of the preliminary and final plat and site plan subject to the recommendations outlined in the report. Tree Preservation. There are no significant trees located on the subject property. Wetlands. There are no wetlands located on the subject property. Park Dedication. Park dedication was paid with the Muller Family Theatre Addition final plat in 1997. No additional park dedication is required with the final plat. The Parks, Recreation and Natural Resources Committee will review the Muller Family Theatre Second Addition preliminary and final plat plans at their August 2, 2017 meeting. Their comments will be forwarded to the Planning Commission at the public hearing. SITE PLAN The proposed site plan shows a conceptual layout for a proposed office building parking lot. Setbacks. Development of the Muller Family Theatre Second Addition site plan is subject to the following minimum building setback (C-3, General Commercial District) requirements: Abutting a Public Street: 30 feet Interior Lot Lines: 10 feet Parking: 15 feet (abutting street), 5 feet (interior lot lines) The proposed office building and parking lot meet the C-3 District setback requirements. 5 Parking - Lot 2 (Office). The proposed 10,745 square foot building will require 48 parking spaces at a ratio of one space required for each 200 square feet of floor area, minus a 10% floor area credit. Ninety (90) parking spaces are proposed. Use of the office parking lot for theater patron parking may be allowed, but is not required. A shared parking agreement should be in place between the two properties if shared parking arrangements are proposed. Parking - Lot 1 (Theater). The Zoning Ordinance requires a ratio of one parking space for each 3.4 seats in the theater. The total number of seats in the theater is 2009 which requires a total of 591 parking spaces. A total of 760 parking spaces are shown for Lot 1. The proposed parking, spaces and drive aisle dimensions meet the requirements of the Zoning Ordinance. Parking aisles will be 24 feet in width and parking stall dimensions will be 9 feet in width and 18 feet in length with a two foot curb overhang. Circulation. Access to the sites will continue to be from existing driveways on 205th Street and Keokuk Avenue. A new driveway is proposed from Keokuk Avenue to serve the new office building. Landscaping. All existing landscaping on site will remain in place. A landscaping plan will be required with the submittal of a building permit for the new office building. Future Building, Lot 2. The future office building will be subject to the exterior building material requirements for commercial uses outlined in the Zoning Ordinance. These requirements will be reviewed upon submittal of building plans with the building permit application. Trash Enclosure. If trash and recycle containers are to be stored outdoors, an enclosure will be required of a design in compliance with Zoning Ordinance requirements. This will be addressed upon plan submittal with the building permit application. Signs. The property is in the Freeway Corridor District which allows up to 100 square feet of building wall signage for the C-3 District. A corner lot is allowed two wall signs facing public right- of-way. One freestanding sign is allowed up to 150 square feet in area and 30 feet in height. All signs require approval of a sign permit prior to installation. Snow Storage. Snow storage may not take place in required parking spaces. 6 RECOMMENDATION Planning Department staff recommends approval of the Muller Family Theatre Second Addition preliminary and final plat subject to the following stipulations: 1. Implementation of the recommendations listed in the July 26, 2017 engineering report. 2. A site plan shall be submitted for staff review in conjunction with a building permit for Lot 2. 3. The site shall be developed consistent with the approved preliminary and final plat plans. 4. An agreement for shared driveway access and cross parking shall remain in full force and effect at all times for Lots 1 and 2, Block 1, Muller Theatre Second Addition. P/OS RM-2 PUD C-3 C-3 §¨¦35 C-3 RM-1 RM-1 RS-2 RA PUD RST-2 C-3 210TH ST W KENRICK AVE205TH ST W 207TH ST W KENRICK AVEKEYSTONEAVEKEOKUKAVEMULLER FAMILY THEATRE SECOND ADDITION Ü EXHIBIT A MULLER FAMILY THEATRE SECOND ADDITION Property Information June 28, 2017 0 450 900225 ft 0 130 26065 m 1:4,800 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. EXHIBIT B EXHIBIT C EXHIBIT D EXHBIIT E EXHIBIT F EXHIBIT G EXHBIT H EXHIBIT I City of Lakeville Public Works – Engineering Division Memorandum To: Frank Dempsey, Associate Planner From: Matt Decur, Senior Project Engineer McKenzie L. Cafferty, Environmental Resources Manager John Hennen, Parks and Recreation Director Copy: Zach Johnson, City Engineer Daryl Morey, Planning Director Jerilyn Erickson, Finance Director Gene Abbott, Building Official Date: July 26, 2017 Subject: Muller Family Theatre Second Addition • Preliminary Plat Review • Final Plat Review • Grading and Erosion Control Plan Review • Utility Plan Review • Tree Preservation Plan Review • Site Plan Review BBAACCKKGGRROOUUNNDD Muller Family Theatres Partnership has submitted a preliminary and final plat named Muller Family Theater Second Addition. The proposed subdivision is located west of and adjacent to Keokuk Avenue and south of and adjacent to 205th Street. The parent parcel is Lot 1, Block 1, Muller Family Theatre Addition, except the south 305.57 feet of the east 248.78 feet. The parent parcel zoned C-3, General Commercial District. The final plat consists of 2 lots within 1 block on 11.88 acres. The proposed development will be completed by: Developer: Muller Family Theatres Partnership Engineer/Surveyor: Otto Associates MMUULLLLEERR FFAAMMIILLYY TTHHEEAATTRREE SSEECCOONNDD AADDDDIITTIIOONN JJUULLYY 2266,, 22001177 PPAAGGEE 22 OOFF 66 SSIITTEE CCOONNDDIITTIIOONNSS The Muller Family Theatre Second Addition site was developed with the Muller Family Theatre Addition plat. The site contains the Emagine Lakeville Theatre and parking lots. EEAASSEEMMEENNTTSS The proposed 10-foot-wide drainage and utility easements along all lot lines meets City requirements. SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT Keokuk Avenue Muller Family Theatre Second Addition is located west of and adjacent to Keokuk Avenue, a major collector roadway as identified in the City’s Transportation Plan. Keokuk Avenue adjacent to the site is a 44-foot-wide three-lane undivided urban roadway with a continuous center turn lane. 205th Street Muller Family Theatre Second Addition is located south of and adjacent to 205th Street, a major collector roadway as identified in the City’s Transportation Plan. 205th Street is designed as a two-lane rural roadway with dedicated turn lanes at Keokuk Avenue. The required half right-of-way for 205th Street was dedicated with the Lakeville Commerce Center plat. The Future Upgrade Fee for 205th Street was satisfied with the Muller Family Theatre Addition plat. 207th Street Muller Family Theatre Second Addition is north of and adjacent to 207th Street, a minor collector roadway as identified in the City’s Transportation Plan. 207th Street is a 38-foot-wide two-lane roadway. The required 60-feet of right-of-way was dedicated with the Lakeville Commerce Center plat. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility and site construction shall be from a rock construction entrance at the proposed new driveway access on Keokuk Avenue. PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS Park Dedication was collected on the parent parcel with the Muller Family Theatre Addition plat. The City’s current Parks, Trails, and Open Space Plan identifies a trail along the south side of 205th Street adjacent to the plat. The Developer shall construct the trail from the west plat boundary to Keokuk Avenue with the proposed site improvements. The Developer will MMUULLLLEERR FFAAMMIILLYY TTHHEEAATTRREE SSEECCOONNDD AADDDDIITTIIOONN JJUULLYY 2266,, 22001177 PPAAGGEE 33 OOFF 66 receive a credit to the plat cash fees for the City’s 3/8 share of trail construction costs. The Trail Construction credit is calculated as follows: $4,000.00 x 3/8 = $1,500.00 205th Street Trail Construction Cost adjacent to Muller Family Theatre Second Addition (excluding grading and restoration) City’s Cost Share Total UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR Muller Family Theatre Second Addition is located within subdistricts SC-13400 of the South Creek sanitary sewer district, as identified in the City’s Sewer Plan. Wastewater will be conveyed to the MCES Farmington Interceptor and continue to the Empire Wastewater Facility. Downstream facilities are monitored for capacity constraints based on future residential development west of Muller Family Theatre Second Addition. Downstream facilities are adequate to serve the proposed development. The Sanitary Sewer Availability Charge was paid with the parent parcel. The Developer proposes to install new services to the site from existing sanitary sewer in 205th Street. A $10,000 security will be collected to ensure proper connection to the sanitary sewer and restoration of 205th Street. WWAATTEERRMMAAIINN Development of Muller Family Theatre Second Addition includes a connection to existing public watermain. Watermain service will be extended from the existing sixteen-inch trunk watermain in 205th Street into the development to provide water service to the proposed site. A $10,000 security will be collected to ensure proper connection to the public watermain and restoration of 205th Street. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG Muller Family Theatre Second Addition is located within subdistricts ML-7 and ML-10 of the Lake Marion stormwater district as identified in the City’s Water Resources Management Plan. Stormwater runoff generated from the Muller Family Theatre Second Addition site is collected and treated by stormwater management basins constructed with the previous development. The basins provide water quality treatment and rate control of the stormwater runoff generated from the existing development. No additional impervious surface is proposed with the Muller Family Theatre Second Addition development and no additional stormwater management is required. The final grading plan shall identify all fill lots in which the building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet MMUULLLLEERR FFAAMMIILLYY TTHHEEAATTRREE SSEECCOONNDD AADDDDIITTIIOONN JJUULLYY 2266,, 22001177 PPAAGGEE 44 OOFF 66 FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff. Muller Family Theatre Second Addition contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. SSTTOORRMM SSEEWWEERR Development of Muller Family Theatre Second Addition includes connection to and modifications of private storm sewer owned by the developer. No public storm sewer will be impacted by the development. The Trunk Storm Sewer Area Charge for the parent parcel was satisfied with the Muller Family Theatre Addition plat. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. FEMA FLOODPLAIN ANALYSIS Muller Family Theatre Second Addition is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WWEETTLLAANNDDSS There are no wetlands on site. TTRREEEE PPRREESSEERRVVAATTIIOONN There are no significant trees within the site. EERROOSSIIOONN CCOONNTTRROOLL The developer is responsible for obtaining a MPCA Construction Permit for the site as well as developing a SWPPP for the site prior to construction. The permit requires that all erosion and sediment BMPS be clearly outlined in a site’s SWPPP. Changes made throughout construction must be documented in the SWPPP. MMUULLLLEERR FFAAMMIILLYY TTHHEEAATTRREE SSEECCOONNDD AADDDDIITTIIOONN JJUULLYY 2266,, 22001177 PPAAGGEE 55 OOFF 66 Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the Developer. SECURITIES The Developer shall provide a Letter of Credit as security for the Developer-installed improvements relating to Muller Family Theatre Second Addition CONSTRUCTION COSTS Connection to Sanitary Sewer $ 10,000.00 Watermain 10,000.00 Driveway Construction/Street Connection and Trail Construction 10,000.00 Erosion Control, Grading and Grading Certification 20,000.00 SUBTOTAL - CONSTRUCTION COSTS $50,000.00 OTHER COSTS Developer’s Design (3.0%) $1,500.00 Developer’s Construction Survey (2.5%) 1,250.00 City’s Legal Expense (0.5%) 250.00 City Construction Observation (5.0%) 2,500.00 Developer’s Record Drawing (0.5%) 250.00 Landscaping 12,000.00 Street Lights 2,800.00 Lot Corners/Iron Monuments 200.00 SUBTOTAL - OTHER COSTS $20,750.00 TOTAL PROJECT SECURITY $70,750.00 The street light security totals $2,800 which consists of two (2) mast arm street lights at $1,400 each. The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of $200.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all irons have been placed following site grading, street and utility construction CCAASSHH FFEEEESS A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat approval and is calculated as follows: 1167.91 x $0.2451/front foot/quarter x 4 = $1,145.02 Front Footage, Muller Family Theatre Second Addition Streetlight Operating Fee quarters Total A cash fee for one-year of environmental resources expenses shall be paid at the time of final plat approval and is calculated as follows: MMUULLLLEERR FFAAMMIILLYY TTHHEEAATTRREE SSEECCOONNDD AADDDDIITTIIOONN JJUULLYY 2266,, 22001177 PPAAGGEE 66 OOFF 66 11.88 acres X 4.2 x $37.20/unit = $1,856.13 Acreage of Muller Family Theatre Second Addition Utility Factor Environmental Resources Fee Total A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid at the time of final plat approval and is calculated as follows: 2 units x $90.00/unit = $180.00 Lots/Outlots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be in either .dwg (AutoCAD) or .dxf format. The Developer shall also pay a cash fee for City Engineering Administration. The fee for City Engineering Administration will be based on three percent (3.00%) of the estimated construction cost, or $1,500.00. CASH REQUIREMENTS Streetlight Operating Fee 1,145.02 Environmental Resources Fee 1,856.13 City Base Map Updating Fee 180.00 City Engineering Administration (3.00%) 1,500.00 SUB TOTAL - CASH REQUIREMENTS $4,681.15 CREDITS TO THE CASH REQUIREMENTS Trail Construction Credit $1,500.00 SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS = $1,500.00 TOTAL CASH REQUIREMENTS $3,181.15 RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the preliminary plat, final plat, grading and erosion control plan, utility plan, tree preservation plan, and site plan for Muller Family Theatre Second Addition subject to the requirements and stipulations within this report.