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HomeMy WebLinkAboutItem 06City of Lakeville Planning Department Memorandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: November 15, 2019 Subject: Packet Material for the November 21, 2019 Planning Commission Meeting Agenda Item: Gander Outdoors Interim Use Permit Application Action Deadline: December 14, 2019 INTRODUCTION Representatives of Core States Group have submitted an application and plans for an interim use permit to allow outdoor display and sales of recreational vehicles and equipment on the Gander Outdoors property located at 16861 Kenyon Avenue. The property is located in the C-3 District. Outdoor display and sales is permitted subject to approval of an interim use permit up to 30% of the gross floor area of the principal building. The following exhibits are attached for your information: EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Applicant Narrative D. Site Plan E. Floor Plan Surrounding Land Uses and Zoning North – Schneiderman’s Furniture Store (C-3 District) South – HOM Furniture and a Multi-Tenant Retail Building (C-3 District) 2 East – Kenyon Avenue and Interstate 35 West – Single Family Homes (RS-3 District) STAFF ANALYSIS Gander Outdoors occupies the 86,400 square foot commercial retail building that was formerly occupied by Gander Mountain beginning in 2003. Gander Outdoors is a subsidiary of Camping World, a retailer that specializes in outdoor recreational products and services. Gander Outdoors has occupied the existing building since 2017 and has since undertaken a significant remodel of the building interior to accommodate the Gander Outdoors corporate offices and recreational vehicle service bays. Gander Outdoors is now requesting approval to introduce recreational vehicle sales which would include an outdoor sales and display area. The proposed outdoor sales and display areas would be restricted to the shaded areas on the site plan (Exhibit D) which are within the parking lot located north of the building, an area equivalent to four parking spaces on the south side of the building, and a smaller area on part of the sidewalk along the east face (front) of the building. Outdoor sales and display was approved for Gander Mountain by conditional use permit in 2005 to allow display on part of the sidewalk in front of the building. The total allowable area for outdoor sales and display is 25,920 square feet. The proposed outdoor sales and display areas identified on the site plan totals 25,900 square feet which is slightly less than the maximum 30%. Interim Use Permit Criteria. Section 11-5-5 of the Zoning Ordinance requires that an interim use permit comply with the criteria used in the consideration of a conditional use permit, as follows: A. Meet the standards of a conditional use permit set forth in subsection 11-4-3E of this title. The findings of fact will address the conditional use permit criteria for the proposed interim use permit. B. Conform to the applicable general performance standards of section 11-4-7 of this title. There are 18 general performance standards applicable to the interim use permit request to which the Gander Outdoors request must conform: • The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right of way shall be provided. 3 Major collector Kenyon Avenue abuts the Gander Outdoors property and is of sufficient design to accommodate the proposed outdoor sales and display use. • The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with chapter 19 of this title. The outdoor sales and display design minimizes internal and external traffic conflicts by locating the outdoor sales and display areas outside of principal customer traffic areas. • If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles. Pedestrian circulation on the property will not be altered with the proposed outdoor sales and display. • Adequate off-street parking and off-street loading shall be provided in compliance with chapters 19 and 20 of this title. The Gander Outdoors building includes areas used for retail, office, RV service bays and indoor display of recreational vehicles and equipment for sale. The Zoning Ordinance requires a retail building to provide one parking space for each 200 square feet of floor area. The 86,400 square foot Gander Outdoors commercial retail building requires 389 parking spaces. When Gander Mountain was approved in 2003, 43 of the required 389 parking spaces were deferred, primarily along the north side of the building. Gander Outdoors now proposes to modify the on-site parking to provide 247 striped parking spaces for employee and customer vehicles and 142 parking spaces deferred to accommodate the outdoor sales and display areas. Adequate off-street parking will be available as outlined in the planning report and subject to approval of a parking deferment agreement. • Loading areas and drive-up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any "adjacent" residential use or district and provided in compliance with chapter 20 of this title. The primary loading area is located on the south side of the building. The existing loading area will not be altered as part of the proposed interim use permit. • Whenever a nonresidential use "is adjacent to" a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with chapter 21 of this title. 4 Landscape screening between the Gander Outdoors property and the residential area to the west was installed in 2003. No additional screening is necessary to accommodate the proposed outdoor sales and display areas. • General site screening and landscaping shall be provided in compliance with chapter 21 of this title. All required landscaping is in place and no additional landscaping is necessary to accommodate the proposed outdoor sales and display use. All landscaping shall be maintained and any dead material shall be replaced as weather permits. • All exterior lighting shall be so directed so as not to cast glare toward or onto the public right of way or neighboring residential uses or districts, and shall be in compliance with section 11-16-17 of this title. No new or altered exterior lighting is proposed with the interim use permit request. Any new exterior lighting shall be down-cast and not glare onto residential properties or public streets. • Potential exterior noise generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to ensure compliance with section 11-16-25 of this title. Noise mitigation is not necessary for the proposed outdoor sales and display use. Outside amplified speakers shall not be used for communication or sales advertising on site. • The site drainage system shall be subject to the review and approval of the city engineer. Alterations to the site drainage system is not proposed with the outdoor sales and display interim use permit. • The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment. The architectural appearance and function of the existing building will not be altered to accommodate the outdoor sales and display interim use. • Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage or an outdoor, enclosed receptacle area shall be provided in compliance with section 11-18-11 of this title. All indoor and outdoor litter control measures and trash receptacles shall be maintained in accordance with Section 11-18-11 of the Zoning Ordinance. 5 • All signs and informational or visual communication devices shall be in compliance with chapter 23 of this title. Signage shall be installed and maintained in compliance with Zoning Ordinance requirements and any new signs are subject to approval of a sign permit. • The use and site shall be in compliance with any federal, state or county law or regulation that is applicable and any related permits shall be obtained and documented to the city. All applicable federal, state or county laws or regulations shall be complied with and documentation submitted to the city. A State of Minnesota Vehicle Dealers license shall be required prior to commencing sales of recreational vehicles and trailers. • Any applicable business licenses mandated by this code are approved and obtained. There are no city business license requirements applicable to the interim use permit. • The hours of operation may be restricted when there is judged to be an incompatibility with a residential use or district. Restricted hours are not proposed. Store hours are identified in the applicant’s narrative (Exhibit C). • The use complies with all applicable performance standards of the zoning district in which it is located and where applicable, any nonconformities shall be eliminated. There are no non-conforming conditions that need to be addressed with the interim use permit. • All additional conditions pertaining to a specific site are subject to change when the council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein NA C. The use is allowed as an interim use in the respective zoning district. The proposed outdoor sales and display is allowed in the C-3 District subject to approval of an interim use permit. D. The date or event that will terminate the use can be identified with certainty. 6 The interim use permit will terminate at such time that outdoor sales and display of recreational vehicles and equipment is no longer occurring on the property. E. The use will not impose additional unreasonable costs on the public. The use of the designated areas for outdoor sales and display of recreational vehicles and equipment will not impose additional unreasonable costs on the public provided the provisions of the interim use permit are complied with. F. The user agrees to any conditions that the city council deems appropriate for permission of the use. Staff recommends compliance with the seven stipulations listed in the recommendation. RECOMMENDATION Planning Department staff recommends approval of the interim use permit for Gander Outdoors for outdoor sales and display subject to the following stipulations: 1. Outdoor sales and display shall be restricted to the areas outlined on the approved site plan and shall not exceed 30% of the floor area of the principal building. 2. Outdoor sales and display shall not block the building entrance and exit doors and shall not impede access by emergency vehicles. 3. An amended parking deferment agreement shall be required for deferment of not more than 142 parking spaces. The parking deferment shall be recorded with Dakota County prior to commencing the outdoor sales and display of recreational vehicles and equipment. 4. A Minnesota dealer licenses shall be obtained prior to commencing the sale or recreational vehicles or equipment. 5. Signage shall be installed and maintained in compliance with Zoning Ordinance requirements and subject to approval of a sign permit. 6. All landscaping shall be maintained and any dead material shall be replaced as weather permits. 7. The interim use permit will terminate at such time that outdoor sales and display of recreational vehicles and equipment is no longer occurring on the property. Findings of fact for the interim use permit are attached. RS-3 PUD PUD RS-3 RS-3 P/OS P/OS C3 C3 C3 C3 C3 C3 PUD RS-3 P/OS §¨¦3545675 1 6 7 T H STW JONQUILAVE KERRICKCTKE N Y ONAVE170TH ST W JORDANC T 172 N D STWKLAMATHTRL KENRICK AVEKENYONAVE170TH ST WKENMORE DR168TH ST W KENYONAVEUPPER 167TH ST W LOWER 167TH ST W Ü GANDER OUTDOORSINTERIM USE PERMIT EXHIBIT A GANDER OUTDOORS INTERIM USE PERMIT Property Information October 21, 2019 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 WETLGEVISITOR VISITOR VISITOR VISITOR 40'180'335.8'14'170.8'20'20'103.540'45.8'63.5'9.2'20'20'36'18'OUTDOOR DISPLAY AREA 'E'OUTDOOR DISPLAY AREA 'A'OUTDOOR DISPLAY AREA 'B'OUTDOOR DISPLAY AREA 'C'OUTDOOR DISPLAYAREA 'D'OUTDOOR DISPLAYAREA 'F'1A2345678910111213BCDEFGHIDOCUMENTS PREPARED BY CORESTATES, INC.,INCLUDING THIS DOCUMENT, ARE TO BE USEDONLY FOR THE SPECIFIC PROJECT AND SPECIFICUSE FOR WHICH THEY WERE INTENDED. ANYEXTENSION OF USE TO ANY OTHER PROJECTS,BY OWNER OR BY ANY OTHER PARTY, WITHOUTTHE EXPRESSED WRITTEN CONSENT OFCORESTATES, INC. IS DONE UNLAWFULLY ANDAT THE USERS OWN RISK. IF USED IN A WAYOTHER THAN THAT SPECIFICALLY INTENDED,USER WILL HOLD CORESTATES, INC. HARMLESSFROM ALL CLAIMS AND LOSSES.Drawing: P:\Camping World Holdings\Lakeville, MN (Gander 614 - IUP)-CWH.27551\CIVIL\Drawings\Concepts - Exhibits\IUP Exhibit-v.1.00\CWH.27551-P-IUP-v1.00.dwg ;EXH-APlot Date/Time: Oct. 14, 19 - 11:18:47User: DBLACKSHEARSITE LOCATIONENGINEER SEALDOCUMENTREV DATE COMMENT BYCLIENTCHECKED BY:SHEET NO.JOB #:SCALE:DRAWN BY:DATE:SHEET TITLETHE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/ORELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS IS BASED ON DESIGNDRAWINGS, RECORDS OF THE VARIOUS UTILITY COMPANIES, AND WHERE POSSIBLE,MEASUREMENTS TAKEN IN THE FIELD. CORE STATES, INC. DOES NOT GUARANTEETHAT LOCATIONS SHOWN ARE EXACT. THE CONTRACTOR MUST CONTACT THEAPPROPRIATE UTILITY COMPANIES AT LEAST 72 HOURS BEFORE ANY EXCAVATION TOREQUEST EXACT FIELD LOCATIONS OF UTILITIES.Call before you dig.below.Know what's12700 HILLCREST ROAD, SUITE 192 DALLAS, TX 75230 PHONE (214) 377-5060 DBLACKSHEAR@CORE-STATES.COMGANDER OUTDOORSCITY OF LAKEVILLEINTERIM USEPERMIT (IUP)CWH.2755110/14/2019KSPDTB16861 KENYONAVENUE,LAKEVILLE, MN 55044- PLANNING EXHIBIT -NOT FOR CONSTRUCTION THIS PLAN IS RELEASED AS A PLANNING EXHIBITONLY AND IS NOT INTENDED FOR BIDDING ORCONSTRUCTION PURPOSES.THIS EXHIBIT WAS PREPARED UNDER THERESPONSIBLE SUPERVISION OF:THOMAS C. PICKERING, PEMINNESOTA LICENSED PROFESSIONAL ENGINEERNO. 55624OUTDOOR RVIUP EXHIBITEXH-A1" = 30'03015307.51" = 30'GRAPHIC SCALEOUTDOOR DISPLAY AREASOUTDOOR DISPLAY AREA 'A'OUTDOOR DISPLAY AREA 'B'OUTDOOR DISPLAY AREA 'C'OUTDOOR DISPLAY AREA 'D'OUTDOOR DISPLAY AREA 'E'OUTDOOR DISPLAY AREA 'F'7,200 SQ. FT.7,016 SQ. FT.4,148 SQ. FT.2,186 SQ. FT.4,702 SQ. FT.648 SQ. FT.TOTAL OUTDOOR DISPLAY AREA25,900 SQ. FT.TOTAL PERMISSIBLEOUTDOOR DISPLAY AREA(30% OF TOTAL BUILDING AREA)25,920 SQ. FT.TOTAL BUILDING AREA86,400 SQ. FT.ONSITE PARKINGACCESSIBLE PARKINGSTANDARD PARKINGOVERSIZE PARKING83308OFFICE VISITOR PARKING4TOTAL ONSITE PARKING350STANDARD PARKING WITHIN OUTDOOR DISPLAY AREAS95OVERSIZE PARKING WITHIN OUTDOOR DISPLAY AREAS8TOTAL PARKING WITHIN OUTDOOR DISPLAY AREAS103TOTAL ONSITE PARKING LESS OUTDOOR DISPLAY AREAS247SITE AND CONTACT INFORMATIONPROPERTY OWNEROWNER ADDRESSNATIONAL RETAIL PROPERTIES, LP450 ORANGE AVENUE SOUTH, SUITE 900ORLANDO, FL 32801PROPERTY ADDRESS 16861 KENYON AVENUELAKEVILLE, MN 55044PID NO.22-28795-01-010LEGAL DESCRIPTIONTRACT 1: LOT 1, BLOCK 1, GANDER MOUNTAIN,ACCORDING TO THE RECORDED PLAT THEREOF ASDOCUMENT NO. 20071965 , DAKOTA COUNTY, MINNESOTA.CONSULTANTCORE STATES GROUP, INC.CONSULTANTADDRESS12700 HILLCREST ROAD, SUITE 192DALLAS, TX 75230CURRENT ZONINGC-3; GENERAL COMMERCIALCUPCONDITIONAL USE PERMIT (CUP) NO. 05-15PARKING RATIO[RETAIL COMMERCIAL USES (OTHER)][OFFICE BUILDINGS AND PROFESSIONAL OFFICES]1:200REQUIRED PARKING SPACES PER DEVELOPMENTCONTRACT NO. 2071969389PARKING SPACES DEFERRED BY DEVELOPMENTCONTRACT NO. 207196925PARKING SPACES DEFERRED BY CUP NO. 05-1518LOT AREA355,575 SQ. FT. [8.1629 ACRES]BUILDING AREA86,400 SQ. FT.IUP EXHIBIT NOTES1. INTERIM USE PERMIT (IUP) EXHIBIT IS BASED ON SURVEY COMPLETED BYKEMPER AND ASSOCIATES, INC. OF NEW BRIGHTON, MINNESOTA DATEDMARCH 04, 2015, AND REVISED SEPTEMBER 17, 2019.2. THIS EXHIBIT WAS PREPARED FOR USE IN THE CITY OF LAKEVILLE,MINNESOTA IUP AND IS NOT INTENDED FOR BIDDING AND/ORCONSTRUCTION PURPOSES.3. THE ONSITE PARKING LAYOUT ILLUSTRATED IN THIS EXHIBIT REPRESENTSTHE PARKING LAYOUT PROPOSED. THE PARKING LOT WILL BERESTRIPED, AS NECESSARY, TO MATCH THIS EXHIBIT. RESTRIPING THEPARKING LOT WILL BE PERMITTED SEPARATELY.EXHIBIT D EXHIBIT E 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA GANDER OUTDOORS INTERIM USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On November 21, 2019 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Core States Group for a interim use permit to allow accessory outdoor sales and display of recreational vehicles and equipment in the C-3 District for Gander Outdoors located at 16861 Kenyon Avenue. The Planning Commission held a public hearing on the proposed interim 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 Planning District No. 1 of the 2040 Comprehensive Plan, which guides the property for commercial uses. 2. The property is currently zoned C-3, General Commercial District. 3. The legal description of the property is: Lot 1, Block 1, Gander Mountain 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. Section 11-5-3 states that interim use permits shall be processed according to the standards and procedures for a conditional use permit. 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 accessory outdoor sales and display is a commercial use consistent with the policies and provisions of Planning District 1 of the 2040 Comprehensive Land Use Plan. b. The proposed use is or will be compatible with present and future land uses of the area. 2 Finding: The proposed accessory outdoor sales and display will be compatible with existing and future land uses in the area given compliance with the interim use permit. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: The proposed accessory outdoor sales and display will conform with all performance standards contained in the Zoning Ordinance and the City Code given compliance with the interim use permit d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject property is served with necessary public services and the accessory outdoor sales and display will not overburden the City’s service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: Traffic generation will not significantly increase due to the proposed accessory outdoor sales and display and is within the capabilities of major collector Kenyon Avenue, which serves the property. 5. The planning report dated November 15, 2019 prepared by Frank Dempsey, Associate Planner is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the interim use permit conditioned upon compliance with the planning report prepared by Associate Planner Frank Dempsey dated November 15, 2019. DATED: November 21, 2019 LAKEVILLE PLANNING COMMISSION BY: _______________________________ Brooks Lillehei, Alternate Chair