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HomeMy WebLinkAboutSample Packet to show TrevorCity of Lakeville Planning Department Memorandum To: Planning Commission From: Kris Jenson, Associate Planner Date: November 12, 2020 Subject: Packet Material for the November 19, 2020 Planning Commission Meeting Agenda Item: South Metro Rental Conditional Use Permit Amendment Application Action Deadline: January 12, 2021 INTRODUCTION South Metro Rental Inc. is requesting a conditional use permit amendment to allow outdoor service and storage in excess of 30% of the principal building area for their business located at 9300 202nd Street. The subject property is zoned PUD, Planned Unit Development with a base zoning of C-3, General Commercial District. EXHIBITS A. Aerial Photo Map B. Zoning Map C. Applicant’s Narrative D. Site Plan PLANNING ANALYSIS In 1990, a conditional use permit for outdoor storage was approved for South Metro Rental (CUP 90-04). The property had been rezoned from B-4, General Business District to PUD, Planned Unit Development, along with the Friedges Landscaping property to the west, in August 1989. The underlying zoning remained B-4, which at the time allowed outdoor service and storage by conditional use permit. The B-4 District eventually became the C-3, General Commercial District and outdoor service, sale, and storage as an accessory use is now an 2 interim use in the C-3 District. Because this use was originally approved as a CUP, this request is being processed as a CUP amendment rather than as an interim use permit. Earlier this year, Planning staff received a complaint about the South Metro Rental site, stating that the landscape buffer did not meet requirements and that equipment was being parked too close to the property line, as well as concerns about noise from people and equipment. Staff investigated the matter and notified South Metro Rental of the violation of CUP 90-04. After discussion with representatives of South Metro Rental about the business operations on the businesssite, staff recommended that they apply for an amendment to CUP #90-04 to address the amount of exterior display and storage on site. A stipulation of the original CUP was that outdoor display and storage areas not exceed 30% of the gross floor area of the rental business. At that time the building was 6,865 square feet, which allowed an outdoor display area of 2,060 square feet. The current building size is 8,671 square feet, per Dakota County records, 30% of which is 2,601 square feet. Based on aerial photos from the past few years, it appears that the area used for outdoor storage at times is close to 10,000 square feet. Surrounding Land Uses and Zoning North – 202nd Street, Agricultural land (C-3) South – Single family homes (RS-2) West – Friedges Landscaping (PUD) East – Speedway gas station (C-3), Single family homes (RS-2) Storage Area Setbacks. The following setbacks are required for outdoor service and storage areas in the C-3 District: Front – 30 feet Side – 10 feet on any side, or 30 feet on the side yard abutting a street or residential zoned property Rear – 10 feet, or 30 feet abutting residential zoned property The submitted site plan indicates several areas used for outdoor service and storage. These areas and their sizes are as follows: • Equipment Attachments, west east of the building: 1,924 square feet (on subject property). This was not shown as an area for storage with the original CUP. This area is directly adjacent to the building and currently extends onto the Speedway property to the east. This storage area must be contained on the property and is required to meet a 10 foot side yard setback. After the side yard setback is met, there would be 1,072 square feet of storage. Dale Green, Vice President of South Metro Rental, has indicated that all equipment that had been stored on the Speedway property has been moved out of the area until a final decision has been made on the CUP amendment. 3 • Lawn and Garden and Equipment Storage area, south of the building: 1,611 square feet. This area meets the side yard setback requirement of 10 feet. • Customer Service and Returns, in the southeast area of the property: 3,677 square feet. This is in the general area that was originally identified for outdoor display and storage with the approved CUP. This area is for equipment that has been returned by customers and equipment that may be waiting to be serviced in the shop. The submitted site plan indicates the area meets the 30 foot required rear yard setback but does not meet the required 30 foot side yard setback due to the RS-2 District to the east. After meeting the 30 foot side yard setback, there would be 2,635 square feet of space in the Customer Service and Returns area. • Staging Area for Equipment Delivery, in the southwest area of the property: 4,200 square feet (outside of the required 30 foot rear yard setback). This storage area is for equipment that is ready to be rented. This area is setback from the west side property line 14 feet. According to the submitted site plan, a small portion of this area does not meet the 30 foot rear yard setback requirement and may not be used for outdoor storage. The total of these four areas is 9,518 square feet, which is 110% of the existing building area. Surrounding Land Uses and Zoning North – 202nd Street, Agricultural land (C-3) South – Single family homes (RS-2) West – Friedges Landscaping (PUD) East – Speedway gas station (C-3), Single family homes (RS-2) Storage Area Setbacks. The following setbacks are required for outdoor service and storage areas in the C-3 District: Front – 30 feet Side – 10 feet on any 1 side, or 30 feet on the side yard abutting a street or residential zoned property Rear – 10 feet, or 30 feet abutting residential zoned property Landscaping. Seven new maples trees have been planted along the east side and the rear property lines, amongst the existing landscape buffer. These trees fill in the larger gaps within the landscape buffer. RECOMMENDATION Planning Department staff recommends approval of the South Metro Rental Inc. conditional use permit amendment, subject to the following stipulations: 1. The area allowed for outside storage shall not exceed ______ square feet. 4 2. Based on the certificate of survey dated September 4, 2020, the staging area for equipment delivery and customer service and returns must be setback from the east side and rear property lines a minimum of 30 feet. 3. Based on the certificate of survey dated September 4, 2020, the equipment storage area east of the building may not extend onto the adjoining property to the east and any items stored outside must meet a minimum side yard setback of 10 feet. 4. The equipment display area, located between the parking lot and 202nd Street on the certificate of survey dated September 4, 2020, is not permitted. Findings of fact are attached to this report. EXHIBIT C CONCRETEBUILDING202ND STREET WESTFriedges LandscapingFarmers Union CoopSTAGING AREAFOR EQUIPMENTDELIVERYCUSTOMERSERVICE ANDRETURNSCUSTOMER &EMPLOYEEPARKINGTRAILER AREALAWN & GARDEN &EQUIP. STORAGE AREAEQUIP. ATTACHMENTSSCISSOR LIFT AREAEQUIPMENTDISPLAY AREAEQUIPMENTDISPLAY AREA555624.09.018.06John Friedges9380 202nd Street WestLakeville, MN 55044CERTIFICATE OF SURVEYAND SITE/LANDSCAPEPLANSOUTH METRO RENTALLAKEVILLE, MNEXISTING LEGENDLOT LINERIGHT-OF-WAY LINEEASEMENT LINEWATER MAINSANITARY SEWERSTORM SEWERWATER SERVICESANITARY SERVICECHAIN LINK FENCEVINYL/WOOD FENCELIGHT POLEPOWER POLEXFMR. TRANSFORMERCBLX. CABLE BOXTEL. TELEPHONE BOXE.M. ELECTRIC METERG.M. GAS METERA.C. AIR CONDITIONERHYDRANTWATER VALVEP.I.V. POST INDICATOR VALVESANITARY MANHOLEC.O. CLEANOUTSTORM MANHOLEAREA CATCH BASINCATCH BASINCONIFEROUS TREEDECIDUOUS TREECONTOUR LINESPOT ELEVATIONDRAINAGE ARROWDETAILNOTEPROPERTY DESCRIPTION:That part of the north 534.96 feet of the SW 1/4 of the NW 1/4 of Section 29, Township 114, Range 20, Dakota County,Minnesota, described as follows: Beginning 429.85 feet west of the northeast corner of said SW 1/4; thence S 89°02'45"W, along the north line of said SW 1/4, a distance of 187.67 feet; thence S 00°52'08" W a distance of 198.03 feet; thenceS 90°00'00" E a distance of 39.00 feet; thence S 00°16'26" E a distance of 336.40 feet; thence N 89°02'45" E a distanceof 154.16 feet to the east line of said SW 1/4; thence N 00°26'20" W, along said east line, a distance of 534.98 feet to thepoint of beginning.GENERAL NOTES1. The underground utilities shown have been located from field survey information. The surveyor has notphysically located the underground utilities. Call Gopher State One Call at 811 for all utility, gas line, andelectrical line locations prior to excavation.2. Property address: 9300 202nd Street West, Lakeville, MN 55044.3. Area of subject property: 89,396 Sq. Ft. or 2.05 Acres.4. Property is Zoned PUD (Planned Unit Development).5. Names of adjacent property owners obtained from the Dakota County website. (www.co.dakota.mn.us)EXHIBIT D 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SOUTH METRO RENTAL CONDITIONAL USE PERMIT AMENDMENT FINDINGS OF FACT AND RECOMMENDATION On November 19, 2020 the Lakeville Planning Commission met to consider the application of South Metro Rental Inc. for a conditional use permit amendment to allow outdoor service and storage in excess of 30% of the principal building on site in a PUD, Planned Unit Development. The Planning Commission conducted a public hearing on the proposed conditional use permit amendment 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. 4 of the 2040 Comprehensive Plan which guides the property for Commercial uses. 2. The property is currently zoned PUD, Planned Unit Development. 3. The legal description of the property is attached in Exhibit A. 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 exterior storage of the rental business is consistent with the policies and provisions of Planning District 4 of the Comprehensive Land Use Plan. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The exterior storage areas are compatible with existing land uses in the area provided that the required setbacks and landscape buffer areas are maintained. 2 c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: The rental business is an existing conditional use of the property. The expanded outdoor storage areas will conform to all performance standards set forth in the Zoning Ordinance given compliance with the approved conditional use permit amendment. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The existing site is adequately served with existing public services. e. Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: The existing street (202nd Street) that serves the property accommodates the existing use. 5. The planning report dated November 12, 2020 and prepared by Kris Jenson, Associate Planner, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit amendment conditioned upon compliance with the planning report prepared by Associate Planner Kris Jenson dated November 12, 2020. DATED: November 19, 2020 LAKEVILLE PLANNING COMMISSION BY:______________________________ Pat Kaluza, Chair 3 EXHIBIT A That part of the north 534.96 feet of the SW ¼ of the NW ¼ of Section 29, Township 114, Range 20, Dakota County, Minnesota, described as follows: Beginning at a point on the north line of said SW ¼ of the NW ¼ distant 429.85 feet westerly from the northeast corner thereof; thence South 89 degrees 02 minutes 45 seconds West, assumed bearing, along the north line of said SW ¼ of the NW ¼ a distance of 187.67 feet to a point 709.70 feet easterly from the northwest corner of said SW ¼ of the NW ¼; thence South 00 degrees 52 minutes 08 seconds West a distance of 198.03 feet; thence East a distance of 39.00 feet; thence South 00 degrees 16 minutes 26 seconds East a distance of 336.40 feet to the south line of the north 534.96 feet of said SW ¼ of the NW ¼; thence North 89 degrees 02 minutes 45 seconds East along said south line of the north 534.96 feet to a point on a line that passes through the point of beginning and it's parallel with the east line of said SW ¼ of the said line parallel with the east line of the SW ¼ of the NW ¼ a distance of 535.00 feet to the point of beginning.