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HomeMy WebLinkAboutItem 06.g Date: Item No. SHERWIN WILLIAMS CONDITIONAL USE PERMIT Proposed Action Staff recommends adoption of the following motion: Move to approve the Sherwin Williams conditional use permit and adopt the findings of fact. Overview Representatives of Sherwin Williams request approval of a conditional use permit to allow limited retail sales in the I-1, Light Industrial District located at 21486 Humboldt Court. The Zoning Ordinance allows accessory retail sales in industrial buildings up to 30% of the lot area and up to 50% of the building floor area. Sherwin Williams retail sales will occupy just over 1% of the lot area and 11% of the building area in compliance with Zoning Ordinance requirements. The Planning Commission held a public hearing on July 19, 2018 to consider the conditional use permit request. The Planning Commission recommended unanimous approval subject to the four stipulations listed in the July 5, 2018 planning report. There were no public comments at the public hearing. Primary Issues to Consider What will be the days and hours of the retail business? Sherwin Williams plans to be open Monday through Friday, 6:30 am to 5:00 pm and Saturday, 8:00 am to Noon. Supporting Information • Conditional use permit form • Findings of fact • July 19, 2018 draft Planning Commission meeting minutes • July 5, 2018 planning 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 August 6, 2018 None Zoning Ordinance CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 18-____ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a conditional use permit for Sherwin Williams to allow accessory enclosed retail sales in the I-1, Light Industrial District 2. Property. The permit is for the following described property located at 21486 Humboldt Court in the City of Lakeville, Dakota County, Minnesota: That part of Lot 2, Block 1, Creekside Business Park, Dakota County, Minnesota, according to the recorded plat thereof lying westerly of the following described line: Beginning at the northeast corner of said Lot 2; thence South 41 degrees, 55 Minutes 44 Seconds East, assumed bearing, along the easterly line of said Lot 2 a distance of 63 55 feet; thence South 0 degrees 17 Minutes 36 Seconds West, a distance of 228.81 feet to the south line of said Lot 2 and said line there terminating. 3. Conditions. The permit is issued subject to the following conditions: a) Retail sales shall only occur in the 1,051 square foot area shown on the proposed building floor plan. b) The sale of products from the Sherwin Williams space shall only be items accessory to the principal use. Retail items shall be limited to those items allowed in the C-1, Neighborhood Commercial District. c) Occupancy of the Sherwin Williams space in the building shall be subject to the approval of the Building Official. d) A sign permit is required prior to the installation of any wall or freestanding signs. 4. Revocation. The City may revoke the permit following a public hearing under any of the following circumstances: The use as permitted by this permit shall not have been completed or utilized within one year after the date of this permit; or violation of the terms of the permit. 5. Expiration. If within one year from the issuance of this permit the conditional use has not been completed or the use commenced, this permit shall lapse. Dated: August 6, 2018 CITY OF LAKEVILLE BY:______________________________ Colleen J. Ratzlaff LaBeau, Acting Mayor BY:______________________________ Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this 6th day of August, 2018, by Colleen J. Ratzlaff LeBeau, Acting 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 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SHERWIN WILLIAMS CONDITIONAL USE PERMIT FINDINGS OF FACT AND DECISION On July 19, 2018 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the application of The Sherwin Williams Company for a conditional use permit to allow accessory retail sales in a multi-tenant industrial building located at 21486 Humboldt Court and on property zoned I-1, Light Industrial District. 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 Planning District No. 7, Central Business District and is classified as Industrial on the Comprehensive Land Use Plan. 2. The property is zoned I-1, Light Industrial District. 3. The legal description of the property is: That part of Lot 2, Block 1, Creekside Business Park, Dakota County, Minnesota, according to the recorded plat thereof lying westerly of the following described line: Beginning at the northeast corner of said Lot 2; thence South 41 degrees, 55 Minutes 44 Seconds East, assumed bearing, along the easterly line of said Lot 2 a distance of 63 55 feet; thence South 0 degrees 17 Minutes 36 Seconds West, a distance of 228.81 feet to the south line of said Lot 2 and said line there terminating. 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. The proposed accessory retail sales in an industrial district is a use consistent with the policies and provisions of Planning District 7 of the Comprehensive Land Use Plan. 2 b) The proposed use is or will be compatible with future land uses of the area. The proposed accessory retail sales in the I-1 District will be compatible with existing and future land uses in the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance and the City Code. The proposed accessory retail sales in the I-1 District will comply with all performance standards in the Zoning Ordinance subject to the stipulations outlined in the conditional use permit. d) The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. The existing building and the proposed accessory retail sales use will be served with existing public services and will not overburden the City’s service capacity. e) Traffic generation by the proposed use is within capabilities of streets serving the property. Traffic generation from the proposed accessory retail sales use can be accommodated by the adjacent public streets. 5. The planning report dated July 5, 2018 prepared by Associate Planner Frank Dempsey is incorporated herein. DECISION The City Council approves the conditional use permit in the form attached thereto. Dated: August 6, 2018 CITY OF LAKEVILLE BY:_______________________________ Colleen J. Ratzlaff LeBeau Acting, Mayor BY: ______________________________ Charlene Friedges, City Clerk City of Lakeville Planning Department Memorandum To Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: July 5, 2018 Subject: Packet Material for the July 19, 2018 Planning Commission Meeting Agenda Item: Sherwin Williams Conditional Use Permit Application Action Deadline: August 20, 2018 BACKGROUND Representatives of The Sherwin Williams Company have submitted an application and plans for a conditional use permit to allow accessory retail sales at their proposed warehouse and retail store to be located adjacent to 21486 Humboldt Court. The principal use of the building as storage/warehouse for Sherwin Williams is a permitted use in the I-1, Light Industrial District. The proposed accessory retail use is allowed by conditional use permit. Agape Mechanical occupies the south half of the existing building. Sherwin Williams will occupy the north half. No exterior construction or building alterations are proposed except for the proposed business wall signage for Sherwin Williams. The following exhibits are attached for your information: EXHIBITS A. Zoning Map B. Aerial Photo Location Map C. Application Narrative D. Site Plan E. Floor Plan F. Building Elevation/Wall sign Plan 2 Zoning and Surrounding Uses. The subject property is zoned I-1, Light Industrial District. The property is adjacent to following existing land uses: Direction Existing Use Zoning Map Land Use Plan North Humboldt Court/GCR Tire/Warehouse I-1 District Industrial South 215th Street (CSAH 70) and Lakeville Sanitation PUD District Industrial East Dakota Truck I-1, General Industrial District Industrial West Humboldt Court/Park/Open Space/Single Family Homes I-1/P/OS and RS-3 Districts Industrial/Open Space/ Residential The nearest residential use from the subject property is 325 feet from the building and 130 feet from the parking lot on the west side of Humboldt Court. STAFF ANALYSIS Conditional Use Permit (Retail Sales) Section 11-87-7(A) of the Zoning Ordinance allows accessory retail sales in the I-1 District provided that: 1. Such use is allowed as a permitted use in a C-1 district. Paint, painting supplies, and wall covering retail sales is a permitted use in the C-1, Neighborhood Commercial District. 2. Such use does not constitute more than thirty percent (30%) of the lot area and not more than fifty percent (50%) of the gross floor area of the principal use. The retail sales area totals less than 1% of the property area (2.59 acres) and 11.4% of the gross floor area of the leasable space for the Sherwin Williams portion of the building (9,180 square feet). The retail space will be 1,051 square feet. The sale of products from the Sherwin Williams space shall only be items accessory to the principal use. Retail items shall be limited to those items allowed in the C-1, Neighborhood Commercial District. Parking. The site provides 57 parking spaces for the 22,000 square foot building which includes Agape Mechanical and the proposed Sherwin Williams. The building will require a total of 50 parking spaces based on the square footage of each use of the building. Parking requirements are based on the following formula: 3 Required and Proposed Parking Total Building Area is 22,020 square feet Office/Retail: 8,517 sf – 10% / 200 = 38 spaces Warehouse: 13,503 sf – 10% / 1,000 = 12 spaces Parking Required 50 spaces Parking Existing 57 spaces Retail Sales. Sherwin Williams proposes to have operating hours of 6:30 am to 5:00 pm, Monday through Friday and 8:00 am to Noon, Saturdays. The business will be closed on Sundays. Sherwin Williams anticipates approximately 15-30 customers per day to visit the retail outlet. RECOMMENDATION Planning Department staff recommends approval of The Sherwin Williams Company to conduct retail sales from the building currently addressed as 21486 Humboldt Court subject to the stipulations listed below: 1. Retail sales shall only occur in the 1,051 square foot area shown on the proposed building floor plan. 2. The sale of products from the Sherwin Williams space shall only be items accessory to the principal use. Retail items shall be limited to those items allowed in the C-1, Neighborhood Commercial District. 3. Occupancy of the Sherwin Williams space in the building shall be subject to the approval of the Building Official. 4. A sign permit is required prior to the installation of any wall or freestanding signs. RM-1 P/OS PUD I-1 I-1 I-2 RS-3 RS-2 RS-2 I-1 PUD RM-1 P/OS 45679 456770 212TH ST W HYTRAIL CT HONEYCOMB PATHHYACINTHAVEDODDBLVDHUMBOLDTCTHYTRAILCIR HYALIT E DRIBISAVEHONEYCOMBPATHHUMMING BIRD LN HUMBOLDT RD215TH ST W215TH ST W HYTRAIL CIR HYTRAILCIRÜ S H E R W I N W I L L I A M S SHERWIN WILLIAMS C.U.P. Property InformationDakota County Ju ne 26, 2018 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. THE SHERWIN-WILLIAMS COMPANY The Sherwin-Williams Company © The Sherwin-Williams Company © The Sherwin-Williams Company ©