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ITEM 5.1 Rogers Rebel soccer clubip Ot�e,ffo MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning City Planner Licht 26 January 2015 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 5.1— Rogers Rebels Soccer Club AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of an interim use permit to allow physical recreation at 5887 Queens Avenue. ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED? No. Held by Planning Commission on 20 January 2015. BACKG ROU N D/JUSTIFICATION: Rogers Rebels Soccer Club, on behalf of owner PCR Queens LLC, has submitted application to allow them occupancy of the existing industrial building located at 5887 Queens Avenue NE for indoor soccer training. The subject site is developed with four principal buildings approved under Frankfort Township jurisdiction prior to annexation to the City of Otsego in 1994. The proposed physical recreational use would occupy the building at the northeast corner of the property. The subject site is zoned 1-1, Limited Industrial District and physical recreational uses are allowed as interim uses subject to the provisions of Section 20-85-3.G of the Zoning Ordinance. The Planning Commission considered these applications at their meeting on 20 January 2015. Ms. Sandra David, President of Rogers Rebels Soccer Club, was present as the applicant as was property owner Ms. Robin Christian. A resident that lives on the east side of Queens Avenue asked if there would be tournaments held at the site to which Ms. David responded there would be no tournaments or games. The Planning Commission had no concerns with the proposed use. The Planning Commission closed the public hearing and voted 5-0 to recommend approval. Findings of fact consistent with the Planning Commission recommendation are attached. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Planning Report dated 16 January 2015 B. Findings of Fact POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to approve an interim use permit for Rogers Rebels Soccer Club to allow physical recreation at 5887 Queens Avenue subject to the conditions outlined in the findings of fact and decision as presented. BUDGET INFORMATION FUNDING: I BUDGETED: ❑ YES Im ACTION TAKEN ■ IX D APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPCTPC@PlanningCo.com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 16 January 2015 RE: Otsego — PCR Queens LLC; Physical Recreation IUP TPC FILE: 101.02 BACKGROUND Rogers Rebels Soccer Club, on behalf of owner PCR Queens LLC, has submitted application to allow them occupancy of the existing industrial building located at 5887 Queens Avenue NE for indoor soccer training. The subject site is developed with four principal buildings approved under Frankfort Township jurisdiction prior to annexation to the City of Otsego in 1994. The proposed physical recreational use would occupy the building at the northeast corner of the property. The subject site is zoned 1-1, Limited Industrial District and physical recreational uses are allowed as interim uses subject to the provisions of Section 20-85-3.G of the Zoning Ordinance. A public hearing has been noticed for the Planning Commission to consider the request at their meeting on 20 January 2015. Exhibits - A. Site Location Map B. Aerial Photograph ANALYSIS Zoning. Consideration of an interim use permit to allow physical recreational use within the existing principal building is to be based upon, but not limited to, the criteria established in Section 20-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Comment: The subject site is guided for industrial uses by the Comprehensive Plan. This industrial area is identified as an opportunity area for small businesses or low-cost users to the small buildings, construction methods and age of the existing development in comparison to other areas of the City guided for new industrial development. Physical recreation users are allowed in the l4 District based on the indoor spatial needs for these activities with open spaces and high ceilings and also provide property owners an additional tenant opportunity to ensure utilization of their investments. The interim use permit process ensures that the proposed physical recreational activity will be located and operated in a manner compatible with existing and planned uses in the area. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The subject site is surrounded by the following existing and planned land uses shown in the table below. With direct access to Queens Avenue and a location at the southeast corner of the subject site, the location of the use will not conflict with other existing industrial uses on the same site or adjacent properties. Furthermore, the proposed use is less intensive than other possible industrial uses allowed to locate on the subject site off -setting potential compatibility issues with existing residential uses to the east. Direction Land Use Plan Zoning Existing Use North Industrial 1-3 District WFE Bldg. C East LD Residential R-3 District Single Family South Industrial I-1 District Contractor West -- -- TH 101 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The proposed use will comply with the requirements of the Zoning Ordinance. 4. Traffic generation of the proposed use in relation. to capabilities of streets serving the property. Comment: The subject site is accessed by Queens Avenue which is designated by the Transportation Plan as a Commercial/Industrial Collector Street that will accommodate the traffic generated by the proposed use of the existing building. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The subject site is located within the East Sewer District and consistent with the Comprehensive Plan for anticipated urban development with adequate public service capacity to support the proposed land uses. 2 Termination. Interim use permits expire in accordance with Section 20-5-4 of the Zoning Ordinance as follows: A. The date or event stated in the interim use permit. B. Upon violation of conditions under which the interim use permit was issued. C. Upon change in the City's zoning regulations that renders the use non- conforming. D. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. City staff recommends that a condition of approval be that the interim use permit will terminate upon a change of occupancy to another tenant and/or use. Hours. Section 20-85-3.G.1 of the Zoning Ordinance allows the City to limit the hours of the proposed use to address any potential compatibility issues but none are foreseen. City staff recommends that a condition of approval be that the hours of operation be subject to review and approval by the City Council and may be limited as they deem necessary. Off -Street Parking. The Zoning Ordinance does not include a parking standard for physical recreation uses. The Institute of Transportation Engineers data recommends a parking requirement of one stall per 200 net square feet for instructional recreation classes. The area of the proposed building is 6,000 square feet. Based on the ITE recommendation, a total of 27 parking stalls are required for the proposed use. There is an approximate 100 foot x 60 foot parking area east of the building and single row of parking 100 feet along the building that is adequate to provide parking for 27 vehicles. These locations will not interfere with circulation and access to the other three buildings on the subject site. The driveway and parking area within the subject site is a legal non -conforming gravel surface. As a legal non -conformity, the property owner is allowed to maintain the gravel surface but must ensure adequate coverage to prevent dust and erosion. City staff recommends that the surface be inspected in June of this year and the property owner be required to add Class 5 material as necessary to comply with this minimum requirement. Signs. No plans have been submitted regarding signs for the proposed use. Section 20-37-5.0 of the Zoning Ordinance allows wall signs up to 200 square feet in area or 15 percent of the area of the fagade on which the sign is located (whichever is less) and one freestanding sign up to 50 feet tall and 200 square feet in area. A sign permit must be approved by the Zoning Administrator prior to placement of any signs upon the property. Trash. Trash containers for the proposed use must be kept inside the principal builder or within a trash enclosure. Use of an exterior trash enclosure must fully screen the containers from view of Queens Avenue and adjacent properties, as required by Section 20-16-15.13 of the Zoning Ordinance. Exterior Lighting. No plans for additional exterior lighting have been submitted. If any additional exterior lighting is to be added to the site, it must comply with the requirements of Section 20-16-10.0 of the Zoning Ordinance and is subject to review and approval of the Zoning Administrator. Utilities. The subject site is served by existing on site well and septic systems. City sanitary sewer and water utilities are not available at the subject site. All utility issues are subject to review and approval of the Building Official. RECOMMENDATION The proposed physical recreation use complies with the requirements of the Zoning Ordinance and our office recommends approval of the applications as outlined below. POSSIBLE MOTIONS A. Motion to approve an interim use permit allowing physical recreation use subject to the following conditions: 1. The interim use shall terminate on the happening of any of the following events, whichever first occurs: a. Upon a change of occupancy to another tenant and/or use. b. Upon violation of conditions under which the interim use permit was issued. C. Upon change in the City's zoning regulations that renders the use non -conforming. d. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. 2. The hours of operation be subject to review and approval by the City Council and may be limited as they deem necessary. L! 3. Driveways and off-street parking areas shall be inspected by City staff in June 2015 and the property owner shall be required to add Class 5 material as determined necessary by City staff to control dust and prevent erosion. 4. All signs shall comply with Section 37 of the Zoning Ordinance and require issuance of a sign permit prior to placement upon the property. 5. Exterior storage of trash containers for the use shall comply with Section 20-16-153 of the Zoning Ordinance, subject to review and approval of the Zoning Administrator. 6. Any exterior lighting added to the subject site shall comply with Section 20-16-10.0 of the Zoning Ordinance. 7. All utility issues are subject to review and approval of the Building Official. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and requirements of the Zoning Ordinance. C. Motion to table. C. Lori Johnson, City Administrator Tami Loff, City Clerk Ron Wagner, City Engineer Andy MacArthur, City Attorney Sandra David, Rogers Rebels Soccer Club Robin Christian, PCR Queens LLC E x h i CVS n A o S� n e n O ca nb n Date Created: 1/16/2015 Limits d C. P CITY O Ot�eFzo MINNESOTA V APPLICANT: Rogers Rebels Soccer Club 01-22-15 FINDINGS & DECISION INTERIM USE PERMIT APPLICATION: Request for approval of an interim use permit to allow a physical recreation (soccer) use. CITY COUNCIL MEETING: 26 January 2015 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The property is identified as PID 118-802-2022103 within the City of Otsego, County of Wright, State of Minnesota. B. The property lies within the East Sewer Service District and is guided for industrial land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned 1-1, Limited Industrial District, which allows physical recreation as an interim use. D. The Planning Commission and City Council must take into consideration the possible effects of the interim use with their judgment based upon (but not limited to) the criteria outlined in Section 20-4-21 of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Comment: The subject site is guided for industrial uses by the Comprehensive Plan. This industrial area is identified as an opportunity area for small businesses or low-cost users to the small buildings, construction methods and age of the existing development in comparison to other areas of the City guided for new industrial development. Physical recreation users are allowed in the I-1 District based on the indoor spatial needs for these activities with open spaces and high ceilings and also provide property owners an additional tenant opportunity to ensure utilization of their investments. The interim use permit process ensures that the proposed physical recreational activity will be located and operated in a manner compatible with existing and planned uses in the area. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The subject site is surrounded by the following existing and planned land uses shown in the table below. With direct access to Queens Avenue and a location at the southeast corner of the subject site, the location of the use will not conflict with other existing industrial uses on the same site or adjacent properties. Furthermore, the proposed use is less intensive than other possible industrial uses allowed to locate on the subject site off -setting potential compatibility issues with existing residential uses to the east. Direction Land Use Plan Zoning Existing Use North Industrial 1-3 District WFE Bldg. C East LD Residential R-3 District Single Family South Industrial I-1 District Contractor West -- -- TH 101 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The proposed use will comply with the requirements of the Zoning Ordinance. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The subject site is accessed by Queens Avenue which is designated by the Transportation Plan as a Commercial/Industrial Collector Street that will accommodate the traffic generated by the proposed use of the existing building. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The subject site is located within the East Sewer District and consistent with the Comprehensive Plan for anticipated urban development with adequate public service capacity to support the proposed land uses. E. The planning report dated 16 January 2015 prepared by the City Planner, The Planning Company LLC., is incorporated herein. F. The Otsego Planning Commission held a public hearing at their regular meeting on 20 January 2015 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED and is subject to the following conditions: 1. The interim use shall terminate on the happening of any of the following events, whichever first occurs: a. Upon a change of occupancy to another tenant and/or use. b. Upon violation of conditions under which the interim use permit was issued. C. Upon change in the City's zoning regulations that renders the use non -conforming. d. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. 2. The hours of operation be subject to review and approval by the City Council and may be limited as they deem necessary. 2 3. Driveways and off-street parking areas shall be inspected by City staff in June 2015 and the property owner shall be required to add Class 5 material as determined necessary by City staff to control dust and prevent erosion. 4. All signs shall comply with Section 37 of the Zoning Ordinance and require issuance of a sign permit prior to placement upon the property. 5. Exterior storage of trash containers for the use shall comply with Section 20-16-15.B of the Zoning Ordinance, subject to review and approval of the Zoning Administrator. 6. Any exterior lighting added to the subject site shall comply with Section 20-16-10.0 of the Zoning Ordinance. 7. All utility issues are subject to review and approval of the Building Official. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 26th day of January, 2015. CITY OF OTSEGO By: Vern Heidner, Acting Mayor Attest: Tami Loff, City Clerk