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HomeMy WebLinkAbout05-03-12CITY OF LAKEVILLE Planning Commission Meeting Minutes MAY 3, 2012 The May 3, 2012 Planning Commission meeting was called to order by Chair Lillehei in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Chair Lillehei Commissioner Grenz Commissioner Maguire Commissioner Reuvers Absent Commissioner Boerschel Commissioner Davis Commissioner Drotning Ex- officio Fitzhenry Staff Present Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Allyn Kuennen, Associate Planner; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The April 5, 2012 Planning Commission meeting minutes were approved as presented. The April 19, 2012 Pl annin g Commission work session notes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated that the May 17th Planning Commission meeting will be rescheduled to May 24th due to a conflict with the Taste of Lakeville event. ITEM 5. CHADWICK FARM FIFTH ADDITION Chair Lillehei opened the public hearing to consider the application of D. R. Horton, Inc. - Minnesota for the vacation of an existing public drainage and utility easement, located along the south side of 210th Street and east of Italy Avenue. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mike Suel from D. R. Horton presented an overview of the request. Mr. Suel indicated the easement was included on the original plat in 2004 as a permanent easement and now they are requesting that it be vacated and re- dedicated with the Chadwick Farm Fifth Addition final plat. Mr. Kuennen presented the planning report. Mr. Kuennen stated that the Chadwick Farm Fifth Addition final plat is scheduled for the May 7th City Council Planning Commission Meeting May 3, 2012 Page 2 meeting pending Planning Commission action on the easement vacation request. He indicated that the Chadwick Farm final plat was approved in 2004 included a ten -foot wide drainage and utility easement adjacent to 210th Street, which is proposed to be vacated and replaced with the required landscape and buffer yard easement in Chadwick Farm Fifth Addition. Mr. Kuennen stated that the process has changed over the years and currently temporary easements are established across outlots designated for future development phases. Mr. Kuennen stated that Planning Department staff recommends approval of the easement vacation as presented. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. 12.24 Motion was made and seconded to close the public hearing at 6:06 p.m. Ayes: Maguire, Lillehei, Reuvers, Grenz. Nays: 0 There was no discussion from the Planning Commission. 12.25 Motion was made and seconded to recommend to City Council approval of the vacation of the Chadwick Farm public drainage and utility easement, as presented. Ayes: Lillehei, Reuvers, Grenz, Maguire. Nays: 0 ITEM 6. CROSSROADS UNITED METHODIST CHURCH Chair Lillehei opened the public hearing to consider the application of Phil and Amy Shaver for a Conditional Use Permit to allow an accessory day care use at Crossroads United Methodist Church, located at 17671 Glacier Way. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Phil and Amy Shaver presented an overview of their request. Ms. Shaver stated that she currently runs a home day care and wants to expand. She indicated that they will have an exclusive access door for the day care at the church. Mr. Dempsey presented the planning report. Mr. Dempsey stated that day care is an allowed use in all zoning districts subject to the approval of a conditional use permit. He stated that the applicant has applied to the Minnesota Department of Human Services to provide day care for up to 84 children. Mr. Dempsey indicated that a minimum of one loading space shall be provided in the parking lot and Planning Commission Meeting May 3, 2012 Page 3 identified with a sign for the day care facility drop -off and pick up. He stated that currently there is a play area with playground equipment located southwest of the church building. The applicant will be installing a five foot tall maintenance free fence to create a 13,000 square foot outdoor play area for the day care facility. Mr. Dempsey stated that Planning Department staff recommends approval of the Four Square Preschool and Day Care CUP, subject to the 6 stipulations listed in the April 27, 2012 planning report. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. 12.26 Motion was made and seconded to close the public hearing at 6:11 p.m. Ayes: Reuvers, Grenz, Maguire, Lillehei. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. • What building code issues need to be addressed? Staff responded that the applicant will need to get a building permit, which will be reviewed by the Building Official and the Fire Marshal. In addition, the State of Minnesota will also inspect the site prior to issuing a license for the day care operation. • Larry White, architect with Grand Projects, Inc., indicated that very few building improvements are needed. One single use bathroom will be added, electrical outlets have to be changed to a tamper proof style, and a couple of doors will be moved to get the required fire separation. • If the church expands, how will that affect this conditional use permit. Mr. Dempsey stated that any expansion to the church would require a conditional use permit amendment. 12.27 Motion was made and seconded to recommend to City Council approval of the Four Square Preschool and Day Care Conditional Use Permit, subject to the following 6 stipulations. 1. The site and building improvements for the day care use shall be developed according to the plans approved by the City Council. 2. All permits and requirements of the Minnesota Department of Human Services shall be met prior to occupancy of the accessory day care facility. 3. A minim of one loading space shall be provided in the parking lot and identified with a sign for the day care facility drop -off and pick -up. Planning Commission Meeting May 3, 2012 Page 4 4. The applicant shall obtain and submit to the City a sanitary sewer access unit determination from the Metropolitan Council Environmental Services prior to the issuance of a building permit. 5. A building permit is required prior to commencing any construction or remodeling work. 6. A permit shall be obtained prior to the installation of any permanent or temporary signage. Ayes: Grenz, Maguire, Lillehei, Reuvers. Nays: 0 ITEM 7. BELZER CHEVROLET, DODGE, KIA Chair Lillehei opened the public hearing to consider the application of JJM Properties, LLC for a Conditional Use Permit Amendment to allow more than one principal building on a commercial lot in the C -2, Highway Commercial District, located at 21111 Cedar Avenue. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Darwin Lindahl, the architect for the project and Jeff Belzer, Jr. were present at tonight's meeting. Mr. Lindahl presented an overview of the request. Mr. Lindahl stated that due to a change in the way General Motors Corporation (GMC) does business, a Chevrolet dealership is now required to have their sales office physically separated from the remainder of the facility, which includes a Dodge and Kia showroom. As such, a 20 foot swath of the existing building will be removed to create separate Chevrolet and Dodge/ Kia showrooms. The service and parts departments can continue to be shared. Mr. Dempsey presented the planning report. Mr. Dempsey stated that the applicant is requesting a conditional use permit amendment to allow two principal structures on one property. Mr. Dempsey stated that the Planning Commission held a public hearing on this request in 2009 but that the application was later withdrawn to allow on -going discussions with GMC to take place. He indicated that staff is recommending that a private Access Agreement for shared driveway access between the two developed properties be executed. Mr. Dempsey stated that Planning Department staff recommends approval of the Belzer's Conditional Use Permit amendment for the creation of two principal structures on one parcel, subject to the 8 stipulations listed in the April 26, 2012 planning report. Chair Lillehei opened the hearing to the public for comment. Planning Commission Meeting May 3, 2012 Page 5 There were no comments from the audience. 12.28 Motion was made and seconded to close the public hearing at 6:27 p.m. Ayes: Maguire, Lillehei, Reuvers, Grenz. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. • Commissioner Reuvers, wanting full disclosure, indicated that he has represented the Belzer family in the past but he does not represent the dealership now. He stated that this is a good proposal that meets GM's requirements and fits with the property. • Commissioner Maguire felt the improvements are very positive. • Commissioner Grenz confirmed that the Kia and Dodge dealership would remain in the same building. • Chair Lillehei asked for an explanation of why a cross access easement agreement is necessary if the parcels are owned by the same person. Mr. Dempsey stated that the easement allows cross access to the properties in the event they come under separate ownership in the future. • Chair Lillehei asked if the proposed wall signs comply with Zoning Ordinance requirements. Mr. Dempsey stated that one business identification wall sign is allowed on each building's wall that faces a public street. As such, the separate Chevrolet dealership building is allowed one business identification wall sign facing Cedar Avenue. He stated that a permit is required prior to the installation of any signs on the property. 12.29 Motion was made and seconded to recommend to City Council approval of the Belzer Chevrolet, Dodge, Kia Conditional Use Permit Amendment to allow more than one principal building on a commercial lot in the C -2, Highway Commercial District, located at 21111 Cedar Avenue, subject to the following 8 stipulations: 1. The site shall be developed according to the plans approved by the City Council. 2. All buildings on the subject property shall remain under common ownership at all times or a property owners' association shall be established for operation and maintenance of the buildings and property subject to the review and approval of the City Attorney. 3. A private shared driveway easement shall be maintained at the Cedar Avenue access between Parcels B and C. 4. A private sanitary sewer easement shall be placed over the sanitary sewer line in Parcel C in favor of Parcel B. 5. The site plan shall be modified to accommodate emergency fire access around the building subject to the recommendation of the Fire Marshal. Planning Commission Meeting May 3, 2012 Page 6 6. A building permit is required prior to commencing construction. 7. All signs shall meet the requirements of the Zoning Ordinance. A permit is required prior to the installation of any signs on the property. 8. The provisions of the planned unit development conditional use permit agreement dated January 10, 1991 (CUP 91 -10), and as amended June 17, 1991 and the conditional use permit amendment approved on August 5, 2002 (CUP 2002 -08) shall remain in full force and effect except as modified herein. Ayes: Lillehei, Reuvers, Grenz, Maguire. Nays: 0 ITEM 8. CROSSFIT TEMPLAR, LLC Chair Lillehei opened the public hearing to consider the application of CrossFit Templar, LLC for a Conditional Use Permit to allow a commercial recreation facility in the I -1, Light Industrial District, located at 21034 Heron Way. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Sean Flaherty, owner of CrossFit Templar, LLC and Mark Hebert, owner of the subject property, were present at tonight's meeting. Mr. Flaherty presented an overview of his request. Mr. Flaherty stated that he currently owns a gym on a similar property in Apple Valley and he indicated that he is looking to expand his business to Lakeville. Mr. Kuennen presented the planning report. Mr. Kuennen stated that the applicant is proposing to locate within the same suite that was previously leased by Party Bound, which was also considered a commercial recreational facility and received conditional use permit approval in 2005. Mr. Kuennen summarized the conditions required for issuing a conditional use permit and indicated the proposed use as a fitness facility meets all the conditions required by the Zoning Ordinance. Mr. Kuennen stated that Planning Department staff recommends approval of the CrossFit Templar, LLC Conditional Use Permit for a commercial recreational facility, subject to the 4 stipulations listed in the April 26, 2012 planning report. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. 12.30 Motion was made and seconded to close the public hearing at 6:36 p.m. Ayes: Reuvers, Grenz, Maguire, Lillehei. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Planning Commission Meeting May 3, 2012 Page 7 • Commissioner Grenz asked what clients are targeted by this use. Mr. Flaherty explained that everyone is welcome, but his primary clients currently are adults 30 -40 years old. He will have certified trainers on site for all classes. • Commissioner Reuvers felt this was a good use at this location. 12.31 Motion was made and seconded to recommend to City Council approval of the CrossFit Templar, LLC Conditional Use Permit to allow a commercial recreation facility in the I -1, Light Industrial District, located at 21034 Heron Way, subject to the following 4 stipulations: 1. The hours of operation must be limited to off -peak times when the parking demand of adjacent tenants is minimal. 2. No "H" occupancy tenants are allowed in the multiple tenant industrial building as long as the commercial recreation use is a tenant in the building. 3. A building permit must be issued by the Inspections Department prior to any remodeling of the proposed tenant space. 4. A sign permit must be granted by the City prior to the installation of any signage. Ayes: Grenz, Maguire, Lillehei, Reuvers. Nays: 0 The next Planning Commission meeting will be held on May 24, 2012. There being no further business, the meeting was adjourned at 6:39 p.m. Respectfully submitted, ti Penny Bre V4, Recording Secretary)_ ATTEST: Brooks Lillehei, Chair