Loading...
HomeMy WebLinkAboutItem 06.iOctober 29, 2010 Item No. NOVEMBER 1, 2010 CITY COUNCIL MEETING YMCA CONDITIONAL USE PERMIT AMENDMENT Proposed Action Planning Department staff recommends adoption of the following motion: Move to approve the YMCA conditional use permit amendment and adopt the findings of fact dated as presented. Adoption of this motion will allow the construction of a new 484 square foot detached storage shed on the Camp Streefland property located west of Kenwood Trail (CSAH 5) and south of Klamath Trail. Overview The YMCA is requesting a conditional use permit amendment to allow the construction of a new detached accessory storage building near the parking lot located off of Klamath Trail. The property is zoned RA, Rural Agricultural District and is 36 acres in area. The Planning Commission held a public hearing and unanimously recommended approval of the conditional use permit amendment at their October 21, 2010 meeting subject to 7 stipulations. There was no public comment. Stipulation No. 6 has been addressed with the YMCA's submittal of the $1,000 escrow to guarantee removal of the existing detached accessory building located next to the proposed new detached accessory building. Primary Issues to Consider Do the existing and proposed detached accessory buildings meet Zoning Ordinance requirements? The existing and proposed detached accessory buildings meet setback, height and square footage requirements for the RA, Rural Agricultural District. Supporting Information • Conditional use permit • Findings of fact • October 21, 2010 Planning Commission draft meeting minutes • October 15, 2010 planning report -- K4 a 4 Al 4tA.t. Frank Dempsey, AICP Associate Planner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance Notes: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT AMENDMENT 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby grants a conditional use permit amendment to: The YMCA to allow the construction of a detached accessory building on property located at 16337 Klamath Trail. 2. Property. The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: Part of the Northeast Quarter Tying South and East of Klamath Trail and lying North and East of Kingswood Estates all in Section 2, Township 114, Range 21. 3. Conditions. This conditional use permit amendment is issued subject to the following conditions: a) The accessory building shall be constructed in the location identified on the approved site plan. b) A building permit shall be applied for and approved by the Building Inspections Department prior to construction of the accessory building. c) The wooden trash enclosure screening fence shall be painted to match the new accessory building. 1 d) The existing 168 square foot shed shall be removed as shown on the approved plans. e) The erosion of the driveway and driveway apron onto Klamath Trail shall be corrected and restored by November 30, 2010. f) All previous conditional use permits (and amendments) and interim use permits approved for the YMCA property shall remain in full force and effect with the approval of this conditional use permit amendment. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit construction of the detached accessory building has not commenced, this permit shall lapse. 6. Criminal Penalty. Violation of the terms of this conditional use permit amendment is a criminal misdemeanor. 2 DATED: November 1, 2010 CITY OF LAKEVILLE BY: Holly Dahl, Mayor BY: Charlene Friedges, City Clerk STATE OF MINNESOTA ) COUNTY OF DAKOTA ) DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 ( The foregoing instrument was acknowledged before me this 1 day of November 2010, by Holly Dahl, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. 3 Notary Public (SEAL) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA YMCA CONDITIONAL USE PERMIT AMENDMENT FINDINGS OF FACT On October 21, 2010, the Lakeville Planning Commission met to consider the application of the YMCA for a conditional use permit amendment to allow the construction of a detached accessory building on property located at 16337 Klamath Trail. 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. The City Council hereby adopts the following: FINDINGS OF FACT 1. The property is currently zoned RA, Rural Agricultural District. 2. The property is located in Planning District No. 9 (Northwest Rural Service Area) which allows outdoor recreation facilities in that district. 3. The legal description of the property is: Part of the Northeast Quarter Tying South and East of Klamath Trail and lying North and East of Kingswood Estates all in Section 2, Township 114, Range 21. 4. Section 11 -4 -3E of the Lakeville Zoning Ordinance requires that a conditional use permit amendment 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 building is consistent with the goals established in Planning District 9 of the Comprehensive Plan. The accessory building will not alter the rural land use of the area. 1 b) The proposed use will be compatible with present and future land uses of the area. The proposed accessory building will be compatible with existing and future land uses in the area given compliance with the stipulations outlined in the conditional use permit amendment. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance and the City Code. The proposed accessory building will conform with all performance standards outlined in the Zoning Ordinance and the City Code given conformance with the stipulations outlined in the conditional use permit amendment. d) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Dated: November 1, 2010 The proposed accessory building will not overburden the City's service capacity. The accessory building will not be served with city sanitary sewer and water. e) Traffic generation by the proposed use is within capabilities of streets serving the property. The proposed accessory building will not generate additional traffic on streets serving the property. 5. The planning report dated October 15, 2010 prepared by Associate Planner Frank Dempsey is incorporated herein. 2 CITY OF LAKEVILLE BY: Holly Dahl, Mayor BY: Charlene Friedges, City Clerk ecific development plans must meet the SBF PUD and Zoning Ordinance p formance standards at the time of planning application submittal and rest. -nts will be able to provide input on the development plans at the public earing for a specific commercial project. • Commis oner Drotning feels by approving this amendment, the City is providing . greater opportunity for commercial development within the SBF PUD. • Mr. Licht state • that because SBF is a PUD, through the development and final stage PUD eview process, the City has the ability to decide if the proposed develop -nt is consistent with the PUD and also to influence the aesthetic aspects of e project as opposed to the review of typical C -3 District development pl • Commissioner Glad reiter. ed his concern that this PUD amendment should be processed in conjunction ith a specific development proposal. He stated that he wanted his concerns oted but that he does oppose a big box development at this location. • Commissioner Grenz stated that • evelopers don't like uncertainty and a commercial developer would not n essarily prepare plans for a big box retail project if it was not currently allo ed. • Mr. Fick stated that this PUD amendmen ` would give them one more tool in their toolbox when marketing the proper a , which is very important to Tradition Development. He indicated that` \they do not feel a big box commercial development in this location will have a negative impact on the residential development in SBF and that they will incorporate appropriate buffers between the commercial and residential areas of the PUD. He stated they would be foolish to develop one portion of e SBF that would negatively affect their ability to develop another portion • SBF. ITEM 8. YMCA CAMP STEEFLAND Planning Commission Meeting October 21, 2010 Page 5 10.50 Motion was made and seconded to recommend to City Council a.proval of the amendment to the Spirit of Brandtjen Farm Planned Unit Developme , t to modify the commercial development potential contained in the Spirit of Bran • en Farm Planned Unit Development Plan booklet dated June 20, 2005, as presented. Ayes: Grenz, Drotning, Lillehei, Davis, Maguire. Nays: Glad. Commissioner Glad feels that there is a more appropriate time for t Chair Davis opened the public hearing to consider a Conditional Use Permit amendment to allow the construction of a detached accessory building on commercial recreational property, located at 16337 Klamath Trail. The Recording CRAFT Chair Davis opened the hearing to the public for comment. There were no comments from the audience. Planning Commission Meeting October 21, 2010 Page 6 Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Brian Kirk, representing the YMCA Camp Streefland, presented an overview of their request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Planning Department staff recommends approval of the conditional use permit amendment, subject to the 7 stipulations listed in the October 15, 2010 planning report. 10.51 Motion was made and seconded to close the public hearing at 7:02 p.m. Ayes: Drotning, Glad, Lillehei, Davis, Maguire, Grenz. Nays: 0 The only comment was Chair Davis agreed that removal of the existing 168 square foot storage shed adjacent to the parking lot makes sense. 10.52 Motion was made and seconded to recommend to City Council approval of the YMCA Camp Streefland Conditional Use Permit amendment to allow the construction of a detached accessory building on commercial recreational property, located at 16337 Klamath Trail, subject to the following stipulations: 1. The accessory building shall be constructed in the location identified on the approved site plan. 2. A building permit shall be applied for and approved by the Building Inspections Department prior to construction of the accessory building. 3. The wooden trash enclosure screening fence shall be painted to match the new accessory building. 4. The existing 168 square foot shed shall be removed as shown on the approved plans. 5. The erosion of the driveway and driveway apron onto Klamath Trail shall be corrected and restored by November 30, 2010. 6. A $1,000 cash escrow shall be submitted prior to City Council approval of the conditional use permit amendment to guarantee compliance with stipulations 4 and 5. 7. All previous conditional use permits (and amendments) and interim use permits approved for the YMCA property shall remain in full force and effect with the approval of this conditional use permit amendment. Ayes: Glad, Lillehei, Davis, Maguire, Genz, Drotning. Nays: 0 ITEM 10. STAFF NOTICES Mr. Morey indicated there will probably be only one Planning Commission meeting in November and notice will go out by next week notifying Commission members if the November 4th Planning Commission meeting will be cancelled. There being no further business, the meeting was adjourned at 7:04 p.m. Respectfully submitted, Penny Brevig, Recording Secretary Dated ATTEST: D AFT Bart Davis, Chair Dated Planning Commission Meeting October 21, 2010 Page 7 Memorandum To: Planning Commission From: INTRODUCTION: Frank Dempsey, AICP Associate Planner City of Lakeville Planning Department Date: October 15, 2010 Subject: Packet Material for the October 21, 2010 Planning Commission Meeting Application Action Deadline: November 30, 2010 Agenda Item: YMCA Camp Streefland Conditional Use Permit Amendment The Minnesota Valley Chapter of the YMCA has submitted an application for a conditional use permit to allow the construction of a new detached accessory building on their property. The City Council approved a conditional use permit in 1979 to allow the YMCA day camp. This was followed by conditional use permit amendments in 1994 and 2000 for the construction of new accessory buildings. The subject property is zoned RA, Rural /Agricultural District. The 2010 Zoning Ordinance update removed commercial recreation uses as an allowed conditional use in the RA District. All stipulations from the 1979, 1994 and 2000 conditional use permits and the 2004 interim use permit that pertain to the present YMCA use of the property will be carried forward and incorporated into the stipulations of this conditional use permit amendment. The purpose of the conditional use permit is to allow the construction of a new 484 square foot storage shed on the 5.83 acre parcel adjacent to Klamath Trail. The existing 168 square foot storage shed adjacent to the parking lot will be removed. EXHIBITS: A. Location Map /Aerial Photo B. Master Site Plan C. Storage Shed and Trash Enclosure Plans (2 Pages) Surrounding Land Uses: Direction Land Use Zoning North Evergreen Community Church /Single Family Homes RS -1 /RA South Lake Kingsley Shoreland Overlay East Kenwood Trail and Single Family Homes RS -3 West Single Family Homes RS -1 STAFF ANALYSIS. The YMCA property is located at the southwest corner of Kenwood Trail (CSAH 5) and Klamath Trail. The YMCA obtained the 36 acre property as a gift in 1973 from Christina Huddleston, a long time resident of the Lakeville area. A condition of the gift of land to the YMCA is that the YMCA agrees to use the property for outdoor education and activities. HISTORY. A timeline of past planning actions on the property is as follows: 1979 — A conditional use permit was approved to allow the development of the site as a day camp and outdoor recreational facility for the YMCA. 1994 — A conditional use permit amendment was approved to allow the construction of a 2,400 square foot accessory building that is also used for storage and periodic occupancy by program attendees. The 1994 conditional use permit amendment identified and corrected a number of non - conforming zoning issues including dual commercial and residential zoning of the property, uncombined parcels, and various encroachments from an adjacent property. 2000 — A conditional use permit amendment was approved to allow the construction of a 1,440 square foot detached accessory building to be used for a rain shelter, activities and storage. A small shed was also approved at that time which was later destroyed in a fire. Additional non - conforming setbacks and encroachments were corrected at that time. 2 2004 — An interim use permit was approved to allow the relocation of an existing 168 square foot storage shed located within the required 150 foot setback from the OHWL of Kingsley Lake to an area near the parking lot for use as maintenance equipment storage. A trash enclosure was constructed next to the shed. A stipulation of the interim use permit required that the private sanitary sewer system be brought into code compliance. The YMCA subsequently requested that they be allowed to connect to City sanitary sewer. 2005 — A Comprehensive Plan Amendment was approved to allow the YMCA to connect the pool house and pool house bathrooms to City sanitary sewer which would then allow the YMCA to abandon the non - compliant private sanitary sewer system. The Comprehensive Plan Amendment was required to bring the one acre area of the YMCA property around the swimming pool and pool house into the current MUSA and to allow the pool house and pool house bathrooms to be connected to the sanitary sewer line located along Kenwood Trail (CSAH 5). 2006 — A variance was approved for lot size and lot width to allow the subdivision of a one acre parcel for the extension of the sanitary sewer service to the pool house. The variance was required as part of the 2005 Comprehensive Plan Amendment to bring a portion of the YMCA property into the current MUSA for a lot less than 10 acres in area in the RA District. An administrative subdivision was approved to allow the creation of the one acre parcel. Conditional use permit. The YMCA's use of the property is grandfathered as an allowed use in the RA District prior to the 2010 Zoning Ordinance update. A conditional use permit amendment for the expansion of a legal, non - conforming use is being processed for this request. A maximum of 8,712 square feet of accessory building area is permitted in the RA District. The site currently has eight accessory buildings on the subject property. A conditional use permit amendment is required to comply with the following standards outlined in Section 11 -4 -7 as may be applicable: A. 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. The site is accessed from Klamath Trail, Klamath Trail is adequate to accommodate the traffic generated from the YMCA day camp use. The proposed accessory building will not increase traffic on Klamath Trail. 3 B. 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 site design for the accessory building will not alter the previously approved access and parking lot layout. C. 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. The proposed accessory building does not require modifications to the existing pedestrian system. D. Adequate off - street parking and off - street loading shall be provided in compliance with Chapters 19 and 20 of this Title. The 1994 conditional use permit amendment included the construction of a gravel parking area off of Klamath Trail. The parking lot allows for approximately 34 automobile parking spaces. Overflow parking is directed to the Evergreen Community Church property on the north side of Klamath Trail through a mutual agreement between the YMCA and Evergreen Community Church. No parking shall be permitted on the public streets. E. 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. Loading and unloading occurs in the parking lot on the YMCA property. Amendments to the loading and unloading area are not proposed with the new accessory building. F. 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. Residential zoned property lies to the west and north (across Klamath Trail) of the YMCA property. The YMCA day camp activities and parking lot are located no closer than 160 feet from the residential area to the west. The proposed accessory building will be located in the north - central area of the site adjacent to an existing detached accessory building which will be removed when the new building is constructed. No additional landscape screening is necessary for the proposed new accessory building. 4 G. General site screening and landscaping shall be provided in compliance with Chapter 21 of this Title. Existing spruce trees p /anted as a condition of the 1994 conditional use are located along Klamath Trail (CSAH 5). Two additional 6 foot tall Black Hills spruce trees were planted on the berm between the parking lot and Klamath Trail in 2004. H. 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. There is no exterior lighting on the YMCA property that glares onto right - of -way or neighboring residential properties. No new lighting is proposed for the accessory building. I. 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. The proposed accessory building will not increase the amount of noise that has previously been generated from the YMCA property. No additional mitigation measures are necessary for the proposed accessory building. J. The site drainage system shall be subject to the review and approval of the City Engineer. The proposed site drainage system will not be altered with the proposed new accessory building. K. 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 of the proposed new accessory building will be similar to other accessory buildings on the YMCA property. The new accessory building will be a brown, wood framed and wood sided structure that will be compatible with the other buildings on the property. L. Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage or an outdoor, enclosed 5 receptacle area shall be provided in compliance with Section 11 -18 -11 of this Title. The existing trash enclosure will be repaired and painted to match the accessory building. M. All signs and informational or visual communication devices shall be in compliance with Chapter 23 of this Title. No additional signs are proposed for the YMCA property. All existing signs meet the requirements of the Zoning Ordinance. N. 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. To the best of staff's knowledge, the YMCA use and site meets this requirement. 0. Any applicable business licenses mandated by this Code are approved and obtained. No business licenses are required for the YMCA use. P. The hours of operation may be restricted when there is judged to be an incompatibility with a residential use or district. Hours of operation are restricted to a day camp use on /y. Overnight use of the property is not permitted, nor is it proposed by the YMCA with this conditional use permit amendment. Q. 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. The YMCA use of the property complies with all applicable performance standards of the RA District. R. 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. (Ord. 674, sec. 1, 7 -17 -2000) 6 The applicable stipulations approved in the 1979, 1994 and 2000 conditional use permit and amendments and the 2004 interim use permit shall be incorporated into the stipulations of this proposed YMCA conditional use permit amendment. RECOMMENDATION: Planning Department staff recommends approval of the conditional use permit amendment to allow the YMCA to construct a new accessory building subject to the following stipulations: 1. The accessory building shall be constructed in the location identified on the approved site plan. 2. A building permit shall be applied for and approved by the Building Inspections Department prior to construction of the accessory building. 3. The wooden trash enclosure screening fence shall be painted to match the new accessory building. 4. The existing 168 square foot shed shall be removed as shown on the approved plans. 5. The erosion of the driveway and driveway apron onto Klamath Trail shall be corrected and restored by November 30, 2010. 6. A $1,000 cash escrow shall be submitted prior to City Council approval of the conditional use permit amendment to guarantee compliance with stipulations 4 and 5. 7. All previous conditional use permits (and amendments) and interim use permits approved for the YMCA property shall remain in full force and effect with the approval of this conditional use permit amendment. cc: Brian Kirk, YMCA 7 EXHIBIT A • -a2 ir . 7' : * K ! \ i \�' / 1- • \ I �� 1 ``• /- \\ \`�, \ 1 _ \\ I . I \ \ 58945 28 E 419.71 • 1 , f ,N89'07 1 "W - 9' sae - 58 94522 Lr , 1 \ l 1 N \ , \ \ „I SHED \ ` Cl _ ib` -g so. �\ ' CO st URS / \ 1 - ` ' \ ; \ • i I' \ \ i I O \ /1 / p u. /", (KINOIN00D D2 A i I' / ' = =- r '65 / 389'45 N. { - \ _ \ \ �- ' i 2y 5.1) W WV • 0 uj LU O y V � k Q �W LU /V Is L O 2 y y �yCQ LU 0 O U Q CO s a N , , , ■ ■ ■ 1H9I3H dO021.Z -. L L r ST1VM 3GIS.0 - .8 I I I I EXHIBIT C CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA YMCA CONDITIONAL USE PERMIT AMENDMENT FINDINGS OF FACT On October 21, 2010, the Lakeville Planning Commission met to consider the application of the YMCA for a conditional use permit amendment to allow the construction of a detached accessory building on property located at 16337 Klamath Trail. 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 currently zoned RA, Rural /Agricultural Residential District. 2. The property is located in Planning District No. 9 (Northwest Rural Service Area) which allows outdoor recreation facilities in that district. 3. The legal description of the property is: Part of the Northeast Quarter lying South and East of Klamath Trail and Tying North and East of Kingswood Estates all in Section 2, Township 114, Range 21. 4. Section 11 -4 -3E of the Lakeville Zoning Ordinance requires that a conditional use permit amendment 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 building is consistent with the goals established in Planning District 9 of the Comprehensive P /an. The accessory building will not alter the rural land use of the area. b) The proposed use will be compatible with present and future land uses of the area. The proposed accessory building will be compatible with existing and future land uses in the area given compliance with the stipulations outlined in the conditional use permit amendment. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance and the City Code. The proposed accessory building will conform with all performance standards outlined in the Zoning Ordinance and the City Code given conformance with the stipulations outlined in the conditional use permit amendment. d) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The proposed accessory building will not overburden the City's service capacity. The accessory building will not be served with city sanitary sewer and water. e) Traffic generation by the proposed use is within capabilities of streets serving the property. The proposed accessory building will not generate additional traffic on streets serving the property. 5. The planning report dated October 15, 2014 prepared by Associate Planner Frank Dempsey is incorporated herein.