Loading...
HomeMy WebLinkAbout12-05-13CITY 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 Fitzhenry Members Absent: Paul Reuvers, Karl Drotning Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Kris Jenson, Associate Planner; Mark Hansen, Assistant City Engineer; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The November 21, 2013 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that the following was handed out at tonight's meeting: 1. Amended first page of the Helman CUP Findings of Fact indicating that the applisan applicant's representative was present.... Mr. Morey stated the December 19 Planning Commission meeting will be cancelled due to lack of agenda items. Mr. Morey stated that the January Planning Commission meeting dates will be moved from January 2 nd and 16 to January 9 th and 23 in order to coincide with the Parks, Recreation and Natural Resource Committee and the City Council meeting dates. Mr. Morey had asked Commission members to let Ms. Brevig know if these dates would not work for them. Mr. Morey introduced Associate Planner Kris Jenson. 5. Robert Heiman 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 — 202 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 and the existing detached garage meets setback requirements. Ms. Jenson reviewed the criteria in the Zoning Ordinance that pertains to this conditional use permit, which are also listed in the November 26, 2013 planning report. Ms. Jenson indicated that she was contacted by a neighbor who expressed support for the Helman's CUP request. Ms. Jenson stated that Planning Department staff recommends approval of the conditional use permit subject to the 4 stipulations listed in the November 26, 2013 planning report. The amended Findings of Fact were distributed at tonight's meeting for review. Chair Lillehei opened the hearing to the public for comment. Cindy Alexander, 10725 202 Street and Janelle Stroh, 10708 202 Street Ms. Alexander and Ms. Stroh are neighbors of the Helman's and wanted to express their support for the Helman CUP request. Robert Helman's construction project manager Matt Simones was in attendance at tonight's meeting and presented an overview of his client's request. Motion was made by Boerschel, seconded by Maguire to close the public hearing at 6:12 p.m. Ayes: Swenson, Maguire, 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 Helman 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 — 202 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 the double overhead garage door removed and replaced by a window and walk -in door consistent with the house under construction as shown on the building elevation and floor plans. A building permit is required for this work. 4. That the impervious surface area of the existing driveway be reduced to be consistent with the certificate of survey dated August 5, 2013 and revised November 5, 2013. Ayes: Maguire, Boerschel, Lillehei, Blee, Grenz, Swenson Nays: 0 6. Dakota Electric Association Chair Lillehei opened the public hearing to consider the application of Dakota Electric Association for an Interim Use Permit (IUP) to allow an accessory antenna greater than 50 feet in height in the C -3, General Commercial District, located at 20685 Kenrick Avenue. Craig Knudsen from Dakota Electric Association presented an overview of their request. Mr. Knudsen stated that in the future DEA is planning for fiber optics whereby this antenna would ultimately become a backup for their communication system. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that Dakota Electric 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 close the public hearing at 6:19 p.m. Ayes: Boerschel, Lillehei, Blee, Grenz, Swenson, Maguire Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points included: • Commissioner Grenz felt that maintaining a clear line of sight with the communications tower is imperative with bad weather for the safety of the public so he supports this request. • Commissioner Blee asked Mr. Knudsen how DEA determines the minimum height needed for the antenna. Chair Lillehei added to that by asking what the process would be to determine the height of the antenna. Mr. Knudsen indicated that DEA has a systems engineer that evaluates their communication needs. There are a number of ways that DEA communicates with their substations. The engineer has a number of different tools he uses including software to evaluate the substation communications. He stated their engineer is confident that this 80 foot antenna will function for DEA in the long term and he does not anticipate that DEA would have to increase the height. Motion was made by Swenson, seconded by Boerschel to recommend to City Council approval 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 210 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 staff had a discussion with him regarding the installation of a street light on Keokuk Avenue 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 store will be the fifth commercial property to be developed since the Lakeville Commerce Center plat was approved by the City Council in 1988. Mr. Dempsey reviewed the criteria listed in the Zoning Ordinance pertaining to motor vehicle fuel facilities, including zoning, architectural standards, canopy, signage, dust control and drainage, landscaping, exterior lighting, parking, pedestrian traffic, and outdoor sales, along with the car wash, all of which are described in detail in the November 27, 2013 planning report. Mr. Dempsey explained staff's discussion with Mr. Winkels prior to the start of tonight's meeting regarding the need for a street light at the SuperAmerica driveway entrance for public safety reasons. Mr. Dempsey indicated that when the Lakeville Commerce Center plat was developed in the 1980's street lights were not included. He indicated that as development has occurred in Lakeville Commerce Center (Harry's Cafe, the movie theatre, Walmart and the office building), street lights were installed with each individual building project. Mr. Dempsey stated that Planning Department staff recommends approval of the conditional use permit subject to the 7 stipulations listed in the November 27, 2013 planning report, with the addition of a stipulation 8 regarding the additional city street light. Findings of Fact were included in the planning report for review. Chair Lillehei opened the hearing to the public for comment. Robert and Colleen Powell, 11774 205 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. Powell's suggestion with Operations and Maintenance Director Chris Petree. • Commissioner Swenson asked why the decision was made by SuperAmerica to move the existing shared driveway access to the south entirely on the convenience store's property. Mr. Dempsey stated that because the topography on the adjacent property to the north drops off very quickly, it was not practical to have the shared driveway at this location. When the property to the north develops, the City will look into whether it will be possible to have a shared driveway connection with a maximum 5% driveway grade. • Commissioner Blee felt this was an ideal location for a convenience store. However, as cars exit the car wash he felt there could be better screening to the north so that headlights would not shine into the neighboring lot. Mr. Dempsey agreed and suggested the installation of the additional plantings along the north property line adjacent to the car wash exit. • Chair Lillehei asked Mr. Dempsey to clarify the difference between CUPs and IUPs. Mr. Dempsey stated that the 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 permanent land use. Mr. Morey made the following suggestions regarding the two additional stipulations that were suggested by the Planning Commission: 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. 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 210 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 all times. 6. All signage on the property must meet the requirements of Section 11 -23 of the Zoning Ordinance. A sign permit is required prior to the installation of any signs. 7. The convenience store shall comply with the requirements 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, Lillehei, Blee Nays: 0 Mr. Lillehei thanked the Planning Commission for a successful 2013. He also thanked City staff for responding to the Planning Commission's inquiries in a timely fashion. He expressed to his fellow Commissioners that it has been a sincere pleasure working with all of them, that they are true professionals, and that it is his expectation that they will continue to work well together and prosper in 2014. There being no further business, the meeting was adjourned at 6:44 p.m. Respectfully submitted, J Penny BreVi4, Recording Secretar ATTEST: Brooks Lillehei, Chair