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HomeMy WebLinkAbout03-15-12CITY OF LAKEVILLE Planning Commission Meeting Minutes MARCH 15, 2012 The March 15, 2012 Planning Commission meeting was called to order by Chair Davis in the City Hall Council Chambers at 6:00 p.m. ITEM 2. SWEARING IN OF NEW PLANNING COMMISSIONER PAUL REUVERS Paul Reuvers was sworn in by Recording Secretary (and notary) Penny Brevig as a new Planning Commission member at tonight's meeting. Chair Davis congratulated and welcomed Commissioner Reuvers. Flag pledge and roll call of members: Present: Chair Davis Vice Chair Lillehei Commissioner Boerschel Commissioner Drotning Commissioner Grenz Commissioner Maguire Commissioner Reuvers Ex- officio Fitzhenry Absent None Staff Present Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Allyn Kuennen, Associate Planner, Zach Johnson, Interim City Engineer; and Penny Brevig, Recording Secretary. ITEM 4. APPROVAL OF MEETING MINUTES: The March 1, 2012 Planning Commission meeting minutes were approved as presented. ITEM 5. ANNOUNCEMENTS: Mr. Morey stated that the following item was distributed at tonight's meeting: 1. The March 14, 2012 Parks, Recreation and Natural Resources Committee meeting motion regarding the Village Creek Fourth Addition preliminary and final plat. Mr. Morey welcomed Commissioner Reuvers back to the Planning Commission. Mr. Morey commented that a work session will be scheduled on April 19th to review and discuss Phase 3 of the Zoning Ordinance amendments and he wanted to verify Planning Commissioner availability for that meeting. Planning Commission Meeting March 15, 2012 Page 2 ITEM 6. IMAGETREND Chair Davis opened the public hearing to consider the application of APPRO Development, Inc. on behalf of ImageTrend Development, LLC for a Conditional Use Permit to allow an accessory day care use in the O -P, Office Park District, located at 20855 Kensington Boulevard. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Jim Connelly from APPRO Development, Inc., and Mike and Valerie McBrady, the owners of ImageTrend, were in attendance at tonight's meeting. Mr. Connelly presented an overview of the request. He indicated that this day care is proposed to be set up for employees only, not for the public. He added that under Stipulation 2 in the March 9, 2012 planning report it indicates a cash security to guarantee installation of the landscape screening. Mr. Connelly stated that the landscaping was completed last fall with the building expansion. Mr. Dempsey presented the planning report. Mr. Dempsey stated that ImageTrend recently completed a 24,000 square foot two story expansion to their office building. He indicated that their plans also included an accessory child day care facility that would serve only their employees. The conditional use permit is required because there would be more than 13 children attending the day care. ImageTrend's day care license is for up to 42 children. Mr. Dempsey stated that he will amend stipulation 2 after he confirms that the landscape screening has been installed as stated by Mr. Connelly. Mr. Dempsey stated that Planning Department staff recommends approval of the CUP, subject to the 4 stipulations listed in the March 9, 2012 planning report. Chair Davis opened the hearing to the public for comment. There zaere no comments from the audience. 12.15 Motion was made and seconded to close the public hearing at 6:08 p.m. Ayes: Boerschel, Maguire, Lillehei, Davis, Reuvers, Grenz, Drotning. Nays: 0 Chair Davis asked for comments from the Planning Commission. • Discussed adding a stipulation that if this becomes a public day care, the site plan would have to be amended to show an off - street loading space to comply with Zoning Ordinance requirements. Planning Commission Meeting March 15, 2012 Page 3 • The Planning Commission agreed to add the following stipulation: 5. In the event the accessory day care use serves the general public and not just the employees of the principal use, off - street loading shall be provided in compliance with Zoning Ordinance requirements. Chair Davis thanked the McBrady's for continuing to expand their business in Lakeville. 12.16 Motion was made and seconded to recommend to City Council approval of the ImageTrend Development, LLC Conditional Use Permit to allow an accessory day care use in the O -P, Office Park District, located at 20855 Kensington Boulevard, subject to the following 4 stipulations, as amended: 1. The site and building improvements for the day care use shall be developed according to the plans approved by the City Council. 2. The landscape screening shall be installed according to the approved landscape plan. A $3,500 cash security shall be submitted to guarantee completion of the landscape screening. 3. All permits and requirements of the Minnesota Department of Human Services shall be met prior to occupancy of the accessory day care facility. 4. Building permits are required prior to commencing any construction or remodeling work. 5. In the event the accessory day care use serves the general public and not just the employees of the principal use, off - street loading shall be provided in compliance with Zoning Ordinance requirements. Ayes: Maguire, Lillehei, Davis, Reuvers, Grenz, Drotning, Boerschel. Nays: 0 The Planning Commission agreed that they should consider accessory business day care uses that are not available to the general public, such as the case with ImageTrend, as an administrative permit rather than as a conditional use permit. Mr. Morey indicated that this can be added to the list of Phase 3 Zoning Ordinance amendments to be discussed at the April 19th work session. ITEM 7. ROFFE CONTAINER Chair Davis opened the public hearing to consider the application of Roffe Container for a Conditional Use Permit to allow a building height greater than 45 feet in the I -2, General Industrial District, located at 21860 Hamburg Avenue. The Planning Commission Meeting March 15, 2012 Page 4 Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Tom Janas of Roffe Container presented an overview of his request. Mr. Janas commented that he previously received a conditional use permit (CUP) for a different location in Lakeville, but that prospect did not work out. As such, he will let that CUP expire. Mr. Janas indicated that he is asking for a new CUP for the subject property that he is planning to purchase. Mr. Janas indicated that he is requesting the proposed silos for the storage of plastic materials used in the manufacturing of finished plastic container products. He stated that they have finished their Phase I environmental testing of the property and structural examinations of the building. He does not foresee having to do Phase II environmental testing. Mr. Dempsey presented the planning report. Mr. Dempsey stated there are four silos proposed to be installed on the subject property. Two of the silos would be 45 feet tall and two would be 51 feet tall. The FAA has received the Roffe Container application. Mr. Dempsey stated that approval will need to be received from the FAA prior to Roffe Container constructing the silos. Mr. Dempsey stated that Planning Department staff recommends approval of the CUP, subject to the 9 stipulations listed in the March 9, 2012 planning report. Chair Davis opened the hearing to the public for comment. There were no comments from the audience. 12.17 Motion was made and seconded to close the public hearing at 6:18 p.m. Ayes: Lillehei, Davis, Reuvers, Grenz, Drotning, Boerschel, Maguire. Nays: 0 Chair Davis asked for comments from the Planning Commission. • Commissioner Maguire asked the applicant why they had to go through an environmental assessment. Mr. Janas indicated they were doing their due diligence in advance of purchasing the property. • Commissioner Grenz suggested adding a maximum width of the silos to the stipulations listed in the March 9, 2012 planning report. Mr. Morey indicated that the width of the silos is not the zoning issue, it is the height. Provided the silos meet setback requirements, no additional stipulation would be needed. Planning Commission Meeting March 15, 2012 Page 5 • Commissioner Reuvers asked if the City regulates the color of the silos. Mr. Morey stated that the Zoning Ordinance does not regulate color. The color stipulation listed in the planning report is meant to address compatibility with the principal building on the property and surrounding buildings. • Commissioner Lillehei stated that since the City Council previously approved silos as high as 70 feet for Mr. Janas, he is in support of this request. Mr. Janas indicated that he has already purchased the silos, which are 51 feet in height, and he does not anticipate purchasing any more in the foreseeable future. Chair Davis thanked Mr. Janas for considering Lakeville as a place for his business. 12.18 Motion was made and seconded to recommend to City Council approval of the Roffe Container Conditional Use Permit to allow a building height greater than 45 feet in the I -2, General Industrial District, located at 21860 Hamburg Avenue, subject to the following 9 stipulations: 1. The silos shall be constructed in the location shown on the approved site plan. 2. The silos shall not exceed 51 feet in height. 3. Authorization from the FAA and MAC for the proposed silos is required prior to a building permit being issued for the silos. 4. The crane used to install the silos shall not exceed the height authorized by the FAA and MAC. 5. The silos shall be a color that is compatible with the principal building. 6. Building permits are required prior to commencing any construction or remodeling work. 7. Parking spaces shall be striped as required by the Zoning Ordinance. 8. Vehicles accessing the storage silos are required to drive on a paved or concrete surface. Any plans for an expanded parking lot or drive aisles will require the approval of site and grading plans. 9. Principal or accessory outdoor storage on the property shall be allowed only for the occupant or occupants of the building and shall meet Zoning Ordinance requirements. Ayes: Davis, Reuvers, Grenz, Drotning, Boerschel, Maguire, Lillehei. Nays: 0 Planning Commission Meeting March 15, 2012 Page 6 ITEM 8. VILLAGE CREEK 4TH ADDITION Chair Davis opened the public hearing to consider the application of Meridian Land Company, LLC for the following, located north and south of Hartford Way and west of Hamburg Avenue: A. The preliminary and final plat of 16 single- family residential lots to be known as Village Creek 4th Addition. B. The vacation of existing public roadway, trailway, drainage and utility easements. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Rick Murray of Meridian Land Holdings, LLC presented an overview of their request. Mr. Murray indicated that the subject property is Outlots A and B, Village Creek 2nd Addition. He stated the outlots were not developed with the original Village Creek plat because of the lack of water pressure. Mr. Murray indicated that with the extension of an eight inch water line through Aronson Park as proposed with Village Creek 4 11, Addition this area can now be served and the lots can be developed. He added that a ghost plat was prepared with the Village Creek preliminary plat which showed the future development of 16 single family lots. This proposal is consistent with the ghost plat except for the relocation of Hampton Avenue to the west to provide a better road alignment when it is extended to the north in the future. Mr. Kuennen presented the planning report indicating the preliminary and final plat of Village Creek 4d~ Addition and the requested easement vacation meets all the requirements and conditions of the Zoning and Subdivision Ordinances. Mr. Kuennen stated that Planning and Engineering Department staff recommend approval of the preliminary and final plat and easement vacation, subject to the 6 stipulations listed in the March 8, 2012 planning report. Chair Davis opened the hearing to the public for comment. Nick VanGoor, 20576 Harford Way Mr. VanGoor was concerned about how this development will affect the value of the current homes in this area. Planning Commission Meeting March 15, 2012 Page 7 Chair Davis commented that the value of homes is not regulated by City Ordinances and is not the purview of the Planning Commission when considering this preliminary and final plat request. 12.19 Motion was made and seconded to close the public hearing at 6:35 p.m. Ayes: Reuvers, Grenz, Drotning, Boerschel, Maguire; Lillehei, Davis. Nays: 0 Chair Davis asked for comments from the Planning Commission. • Commissioner Grenz requested background information regarding the high and low pressure water systems. Mr. Johnson explained that the connection of the high and low pressure water systems will require the installation of a pressure reducing valve in the existing vault at the intersection of Hartford Way and Hamburg Avenue as well as the construction of an additional gate valve at the intersection of Hartford Way and Hazelwood Trail. Mr. Johnson stated that the developer is eligible for a credit for the pressure reducing valve improvements along Hamburg Avenue and Hartford Way, but will be responsible for the remainder of the costs associated with extending the water service through Aronson Park. • Commissioner Reuvers requested an explanation of the park dedication fee. Mr. Morey stated that even though the park dedication for Outlots A and B was paid with the Village Creek final plat, in consideration for allowing the developer to construct the necessary watermain connection through Aronson Park, the developer has agreed to pay park dedication compensation in the amount of $50,000. • Because the subject property and the surrounding areas are zoned RS -3, Single Family Residential District, the new homes should be consistent with the homes that were built in the previous additions of the Village Creek development. In addition, Village Creek 4t" Addition is consistent with the ghost plat that was included with the original Village Creek development. The City allows the market to determine house values provided the houses meet the performance standards of the Zoning Ordinance. • Chair Davis confirmed that the 20 foot easement proposed along the west side of Lot 1, Block 3 is the location of the proposed sanitary sewer line serving the Village Creek 4th Addition development. • The existing homes in the Village Creek development will not be affected by the proposed new water service and will continue to be serviced with their current water system. • If the current residents on Hamburg Avenue decide they want City water extended to their properties, the proposed water main will provide a looped system to accommodate these future water services. Planning Commission Meeting March 15, 2012 Page 8 12.20 Motion was made and seconded to recommend to City Council approval of the preliminary and final plat of 16 single- family residential lots to be known as Village Creek 4th Addition, and the vacation of existing public roadway, trailway, drainage and utility easements, subject to the following 6 stipulations: 1. The recommendations outlined in the March 8, 2012 engineering report. 2. The recommendations of the Parks, Recreation and Natural Resources Committee. 3. A five -foot wide concrete sidewalk must be constructed at the developer's expense on the west side of Hampton Avenue. 4. A trail easement agreement must be provided for the 2.5 foot wide trail easement on both sides of Hampton Avenue. 5. A barricade must be installed by the developer at the north end of Hampton Avenue. 6. All single- family homes must comply with the following RS -3, Single Family Residential District setbacks: Front Yard: 30 feet Rear Yard: 30 feet Side Yard (interior): 10 feet Side Yard (corner): 20 feet Ayes: Grenz, Drotning, Boerschel, Maguire, Lillehei, Davis, Reuvers. Nays: 0 ITEM 9. ELECTION OF PLANNING COMMISSION OFFICERS 12.21 Motion was made and seconded to nominate Commissioner Brooks Lillehei to the office of Chair for the year 2012, and to nominate Commissioner Bob Boerschel to the office of Vice Chair for the year 2012, and to close nominations. Ayes: Drotning, Boerschel, Maguire, Lillehei, Davis, Reuvers, Grenz. Nays: 0 Chair Davis thanked staff and the members of the Planning Commission for all their efforts during his time as the Chair. The next Planning Commission meeting is scheduled for April 5, 2012. There being no further business, the meeting was adjourned at 6:45 p.m. Respectfully submitted, Planning Commission Meeting March 15, 2012 Page 9 v Penny Brevig, Recording Secr ATTEST: Bart Da