HomeMy WebLinkAboutItem -0903CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
December 5, 2013
Chair Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City
Hall. The pledge of allegiance to the flag was given.
Members Present: Jason Swenson, Linda Maguire, Vice Chair Bob Boerschel, Chair
Brooks Lillehei, Gerry Grenz, Joe Blee, and Ex -officio Shawn Fitihenry
Members Absent: Paul Reuvers, Karl Drotning
Others Present: Daryl Morey, Planning Director;
Kris Jenson, Associate Planner; Mark Hansen,,,,
Brevig, Recording Secretary -'
3. Approval of the Meeting Minutes
The November 21, 2013 Planning Comm
presented.
4. Announcements
Mr. Morey stated that theiFollowing
1. Amended
Mr.
due
Derri'ps_'ey, Associate Planner;
nt City 'igineer; and Penny
ng minutes were approved as
ight's meeting:
page of fire. HelmariCUP Findings of Fact indicating that the
ant's representative was present....
�e December :Pja ping Commission meeting will be cancelled
oda iters.
moved from January-.
Parkss-Recreation an
dates. Wr .,Morey
dates wou,f'of wo
Mr. Morey i
5. Robert Helman
they January Planning Commission meeting dates will be
j and'16th
1- to January 9t" and 23rd in order to coincide with the
Natural Resource Committee and the City Council meeting
asked Commission members to let Ms. Brevig know if these
t -them.
Associate Planner Kris Jenson.
Chair Lillehei opened the public hearing to consider the application of Robert
Helman for a Conditional Use Permit to allow more than one detached accessory
building and a total accessory building area greater than 1,100 square feet in the
RS -3, Single Family Residential District, located at 10747 — 202nd Street.
Planning Commission Meeting Minutes, December 5, 2013 Page 2
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated
that the applicants have requested a conditional use permit to allow for more than
one accessory structure and an increase in the amount of accessory building area
on their property. She indicated that a new house is currently under construction
and is replacing the property's original house which was constructed in 1885. There
is also a detached garage and a well house.
Ms. Jenson explained that the existing double garage door will be removed and
replaced by a walk-in door. In addition, the Helmans are proposing to remove 420
square feet of driveway to bring the impervious surface area -to 14%. She indicated
that the well house is a legal non -conforming structure,.,-',,rit the existing detached
garage meets setback requirements.
Ms. Jenson reviewed the criteria in the Zoning' Ordinanc'e'that pertains to this
conditional use permit, which are also listed: -.:`6 the Novembea~_-.26, 2013 planning
report.
Ms. Jenson indicated that she was contacted by a neighbor who expressed support
for the Heiman's CUP request. <.-:..w.
Ms. Jenson stated that Planning ,Department sfaff. recommends approval of the
conditional use permit subject ta; th6'4stipulations" fisted in the November 26, 2013
planning report. The amended Firi Ings' offact were ts' tributed at tonight's meeting
for review. ..
Chair Lillehei opened the hearing to tf a "blic for comment.
Cindy Alexande r' -10725 202";,.,Street and,-anelle Stroh, 10708 202"d Street
Ms. Alexander and` M§, -Stroh are neighbors of the Helman's and wanted to express
their. 4bP& .t6r the f61 an CUP request.
Robert Heiman's 66nstructidit project manager Matt Simones was in attendance at
,. .
tonight's meeting anc`�resented an overview of his client's request.
Motion,lms made by 'Boerschel, seconded by Maguire to close the public
hearing 44t.
Ayes: Swenson, WOuire, Boerschel, Lillehei, Blee, Grenz
Nays: 0
Chair Lillehei asked for comments from the Planning Commission. Discussion
points included:
• Commissioner Maguire asked Ms. Jenson to explain the amended Findings of
Fact. Ms. Jenson pointed out that because the applicant could not be present
at tonight's meeting and he was having his project manager come in his
place, the Findings of Fact were amended to read "applicant's
representative," rather than "applicant."
Planning Commission Meeting Minutes, December 5, 2013 Page 3
Motion was made by Maguire, seconded by Blee to recommend to City Council
approval of the Heiman Conditional Use Permit to allow more than one detached
accessory building and a total accessory building area greater than 1,100 square
feet in the RS -3, Single Family Residential District, located at 10747 — 202nd Street,
subject to the following 4 stipulations:
1. No part of the detached accessory buildings shall be used for all or a portion of a
home occupation, for commercial activities or for commercial storage, dwelling
purposes, guest room or for any other overnight accommodations.
2. The detached accessory buildings shall be maintained in a manner that is
compatible with the adjacent residential uses and. -does not present a hazard to
public health, safety and general welfare.
3. The detached accessory building shall have th'6 double-.'6verhead garage door
removed and replaced by a window and walk-jn door consistent with the house
under construction as shown on the build_g"elevation and flodr plans. A building
permit is required for this work.
4. That the impervious surface area of `fhe existing,"Oriveway be reduced to be
consistent with the certificate of survey_.;,dated: August 5, 2013 and revised
November 5, 2013.
Ayes: Maguire, Boerschel, Llllehei; $tee, Gren Swenson
Nays: 0
6. Dakota Electric Association
Chair Lillehei opened the p[blic hearing to consider the application of Dakota
Electric Association for an interim Use P-4mit (IUP) to allow an accessory antenna
greater than 50 feet:.in he_ ight,` d- the.:C-3 General Commercial District, located at
20685 Kenrick Avehu'e',:- -`
Crate:-`,Knudsen'friim Dakota Electric Association presented an overview of their
request. Mr. Knut sen sfaf$_d: that in the future DEA is planning for fiber optics
whereby this antenria''would`tiltimately become a backup for their communication
systerr3:;;
Associate "R, inner Kris; Jenson presented the planning report. Ms. Jenson stated
that Dakota 'i*lectric;, Association is requesting approval to replace an accessory
antenna and support tower that would be constructed to a height of 80 feet, which is
30 feet greater than allowed by the Zoning Ordinance without the approval of an
IUP.
Ms. Jenson stated that the proposed accessory antenna will replace the existing 55
foot tower and be placed in the same location. She indicated that the 80 foot
antenna height is the minimum height necessary to maintain a clear line of sight to
the DEA headquarters in Farmington. The applicant's narrative states that the
substation communicates with the DEA headquarters via radio, which should have a
Planning Commission Meeting Minutes, December 5, 2013 Page 4
clear line -of -sight for a quality link. Currently, that path is more than 50% blocked by
ground terrain and obstacles.
Ms. Jenson reviewed the interim use permit criteria in the Zoning Ordinance, which
is listed in the November 26, 2013 planning report.
Ms. Jenson stated that Planning Department staff recommends approval of the
interim use permit subject to the 2 stipulations listed in the November 26, 2013
planning report. Findings of Fact were included in the planning report for review.
Chair Lillehei opened the hearing to the public for comment:.-`
There were no comments from the audience.
Motion was made by Blee, seconded by Boerschel to closethe public hearing
at 6:19 p.m.
Ayes: Boerschel, Lillehei, Blee, Grenz;5wenson, Maguire
Nays: 0
Chair Lillehei asked for comments from the ;:Planning Commission. Discussion
points included:
• Commissioner Grenz felt'.that maintaining a `.Near line of sight with the
communications „tower is imperative,,wiiith,.bad weather for the safety of the
public so he supports this request,. >;
• Commissioner Blee`asked Mr."X sen how DEA determines the minimum
height needed for the -antenna. Chair Lillehei added to that by asking what
the process. would be to determirie =the height of the antenna. Mr. Knudsen
indicated -;:-that DEA,;:- has: a systems engineer that evaluates their
cornmunicatiori tweeds. There area number of ways that DEA communicates
:.:wvitf'tiieiisubstations. The engineer has a number of different tools he uses
`including` software:=#v-,. evaluate the substation communications. He stated
their engineerJs confident that this 80 foot antenna will function for DEA in the
- long term and.,fie does a 'not anticipate that DEA would have to increase the
height.
Motion was _made by'Swenson, seconded by Boerschel to recommend to City
Council appra46t: of :the Dakota Electric Association Interim Use Permit to allow an
accessory antenna greater than 50 feet in height in the C-3, General Commercial
District, located at 20685 Kenrick Avenue, subject to the following 2 stipulations:
1. The antenna and tower shall not exceed 80 feet in height.
2. The interim use permit for the 80 foot tall accessory antenna and tower shall
expire when the antenna and tower is no longer needed for the operations of the
DEA Kenrick Substation or their successors.
Ayes: Lillehei, Blee, Grenz, Swenson, Maguire, Boerschel
Nays: 0
Planning Commission Meeting Minutes, December 5, 2013 Page 5
7. SuperAmerica
Chair Lillehei opened the public hearing to consider the application of C -Store
Partners, Incorporated for a Conditional Use Permit to allow a convenience store
with motor fuel sales and an automatic car wash, located at the northeast corner of
210th Street (CSAH 70) and Keokuk Avenue.
Jim Winkels from Amcon, representing C -Store Partners, presented an overview of
the request. He indicated that prior to tonight's meeting staf#.had a discussion with
him regarding the installation of a street light on KeokU :Av6nue near the driveway
entrance/exit. Mr. Winkels indicated that he agrees with:;the need for the additional
street light.
Associate Planner Frank Dempsey presented: -the planning report. Mr. Dempsey
stated that the SuperAmerica convenience _stt�re'will be the fifth commercial property
to be developed since the Lakeville Commerce Center plat was approw_ed by the City
Council in 1988.
Mr. Dempsey reviewed the criteria listed in the Zoning Ordinance pertaining to motor
vehicle fuel facilities, including: ming, architectural standards, canopy, signage,
dust control and drainage, landscaping : exterior lighting, parking, pedestrian traffic,
and outdoor sales, along with the'car wasball_ of which",are described in detail in the
November 27, 2013 planning report::: .
Mr. Dempsey explained : staffs discussion with Mr. Winkels prior to the start of
tonight's meeting,regarding the need fora street light at the SuperAmerica driveway
entrance for pudic safety reasons. Mr. Dempsey indicated that when the Lakeville
Commerce Center.:plat was- 0veloped in'the 1980's street lights were not included.
He indicated, that as.deVelopment.:aa: occurred in Lakeville Commerce Center
(Harry',,,Z46 Ahe moVie .theatre, Walmart and the office building), street lights were
instafted with eachindividual: building project.
Mr -Dempsey stated --that Planning Department staff recommends approval of the
conditat i�aI use permit:, subject to the 7 stipulations listed in the November 27, 2013
plannin"46D4ort, with the:.addition of a stipulation 8 regarding the additional city street
light. Findihgs:of FacfVvere included in the planning report for review.
Chair Lillehei opened the hearing to the public for comment.
Robert and Colleen Powell, 11774 205th Street
Mr. Powell commented that he likes the proposal but requested that the street light
to be installed on Keokuk Avenue be the same type of LED lights that SuperAmerica
is proposing.
Motion was made by Maguire, seconded by Blee to close the public hearing at
6:33 p.m.
Planning Commission Meeting Minutes, December 5, 2013 Page 6
Ayes: Blee, Grenz, Swenson, Maguire, Boerschel, Lillehei
Nays: 0
Chair Lillehei asked for comments from the Planning Commission. Discussion
points included:
• Chair Lillehei asked the Assistant City Engineer to explain the City's street
light request. Mr. Hanson stated that after City staff reviewed the CUP
application, it was agreed that a street light within the Keokuk Avenue right-of-
way would improve public safety. Regarding Mr.,::Powell's suggestion, Mr.
Hanson didn't think that the City currently uses LED lighting for street lights.
Mr. Morey stated that staff will review Mr. Poweirs,:suggestion with Operations
and Maintenance Director Chris Petree.
• Commissioner Swenson asked why the decision was made by SuperAmerica
to move the existing shared driveway -,:4 ess to the south entirely on the
convenience store's property. Mr';' -:Dempsey stated - that., because the
topography on the adjacent propert�to the north drops off ver. :quickly, it was
not practical to have the shared driveway at this location. Wh'h",the property
to the north develops, the City will lookAnto.whether it will be possible to have
a shared driveway connection with a maxtm,- v i 5% driveway grade.
• Commissioner Blee feltan ideattocation for a convenience store.
However, as cars exit the .car"-vitash.,he felt there.,could be better screening to
the north so that headlights,,. would. rrol; shine into:. the neighboring lot. Mr.
Dempsey agreed.., and suggested the Ift"statlation "bf the additional plantings
along the north:...:mperty line adjacent to the --car wash exit.
• Chair Lillehai asked Mr:-- Dempse t to clarify the difference between CUPs and
IUPs. M .:Dempsey stated thafthe process for reviewing the applications is
the same._but an IUP is temporary:and tied to a sunset date and a CUP is
considered='a:more. perniarient [and use.
Mr. Wo..rey made_.the following suggestions regarding the two additional stipulations
thaf.Were suggestetl. by the Planning Commission:
The plans stall be revised to include a public street light at the driveway
access to Keokuk Avenue.
9:' -:The landsca{ a plan shall be revised to include additional plantings along
.'.
the:borth property line adjacent to the car wash exit.
Mr. Winkel agreed -to the two additional stipulations.
Motion was made by Blee, seconded by Boerschel to recommend to City Council
approval of the SuperAmerica Conditional Use Permit to allow a convenience store
with motor fuel sales and an automatic car wash, located at the northwest corner of
210th Street (CSAH 70) and Keokuk Avenue, subject to the following 9 stipulations,
as amended:
1. A building permit is required prior to commencing any site improvements.
Planning Commission Meeting Minutes, December 5, 2013 Page 7
2. A sewer access unit charge for the car wash shall be determined by the
Metropolitan Council Environmental Services agency prior to issuance of a
building permit.
3. The site shall be developed in accordance with the approved site plan and in
compliance with Zoning Ordinance requirements.
4. Landscaping shall be installed in accordance with the approved landscape plan.
The property owner shall be responsible for maintenance of all landscaping,
including within the boulevard.
5. Site lighting shall be installed in accordance with the approved lighting plan and
shall meet the requirements of the Zoning Ordinance at a.li. times.
6. All signage on the property must meet the requiremehts'of Section 11-23 of the
Zoning Ordinance. A sign permit is required prior to #hO installation of any signs.
7. The convenience store shall comply with the regi&ements.for motor fuel facilities
and car washes.
8. The plans shall be revised to include a public` street light at ,the, driveway access
to Keokuk Avenue.
9. The landscape plan shall be revised,, -to include additional plantings along the
north property line adjacent to the car --"-Wash exit.
Ayes: Grenz, Swenson, Maguire, Boerschel ::iillCefiei, Blee
Nays: 0
Mr. Lillehei thanked the Planning:: Commission for -a. successful 2013. He also
thanked City staff for responding tothe Planning Commission's inquiries in a timely
fashion. He expressedl:; to;:,.his felloW., Cbi�ii'Imssioners that it has been a sincere
pleasure working. yiiith� all of'them, that;they are true professionals, and that it is his
expectation that -"IK y' will continue to work- well together and prosper in 2014.
There being no further busiriessi:the,meetin"' was adjourned at 6:44 p.m.
Respectfiirfiy submitted'--
Penhy"Brevig, Recording Secretary
ATTEST:
Brooks Lillehei, Chair