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HomeMy WebLinkAbout01-22-15CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES January 22, 2015 Vice Chair Swenson called the meeting to order at 6:03 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Vice Chair Jason Swenson, Linda Maguire, Pat Kaluza, Karl Drotning, ex -officio member Nic Stevens Members Absent: Chair Brooks Lillehei, Paul Reuvers Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Alex Jordan, Civil Engineer; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The January 8, 2015 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that the following items were distributed to the Planning Commission prior to tonight's meeting. 1. January 21, 2015 Parks, Recreation and Natural Resources Committee draft motion regarding the TimberCrest at Lakeville 7th Addition preliminary and final plat. 2. Several e-mails from residents concerning Agenda Item 6 (Timbercrest at Lakeville 7th Addition/SuperAmerica) Mr. Morey commented that a work session may be scheduled on February 5th to discuss potential Zoning Ordinance amendments. He asked the Planning Commissioners to forward any ordinance amendment items they wish to discuss to Planning Department staff one week prior to the work session. 5. Gregory Berger Vice Chair Swenson opened the public hearing to consider the application of Gregory Berger for the following, located at 12160 — 168th Street: A. Conditional Use Permit to allow an expansion of a legal non -conforming single family home in the Shoreland Overlay District of Orchard Lake; and B. Variance to allow an expansion of a legal non -conforming home that does not meet the 10 foot side yard setback and the 75 foot setback from the Orchard Lake Ordinary Water Level (OHWL). Planning Commission Meeting Minutes, January 22, 2015 Page 2 Gregory Berger presented a brief overview of his request. Mr. Berger stated that the existing porch was poorly designed and has water leakage issues. To correct the situation, he hired an architect to remodel the existing three -season screen porch and to replace the porch's flat roof with a pitched roof to improve drainage and match the roof pitch to the house. He feels the design is consistent with other homes in this area of Orchard Lake. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Mr. Berger has applied for a conditional use permit (CUP) and variance to allow an expansion of his legal non -conforming house. The house is non- conforming to the required 10 foot side yard setback and the 75 foot setback to the Ordinary High Water Level (OHWL) of Orchard Lake. Mr. Dempsey indicated that a CUP is required because the non -conforming house is being expanded and the variance is required because part of the expansion does not meet setback requirements. Mr. Dempsey reviewed the CUP requirements and the variance criteria according to the Zoning Ordinance and stated that staff recommends approval of the Berger Conditional Use Permit and Variance subject to the three stipulations listed in the January 16, 2015 planning report. Mr. Dempsey stated that the DNR was notified of the proposed CUP and variance and no comments were received. Vice Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Maguire, seconded by Drotning to close the public hearing at 6:13 p.m. Ayes: Maguire, Swenson, Kaluza, Drotning. Nays: 0 Vice Chair Swenson asked for comments from the Planning Commission. Discussion points included: • Commissioner Drotning asked if the applicant's house could be rebuilt in the current footprint. Mr. Dempsey indicated that yes, the house could be rebuilt to the exact dimensions in the same location. If a larger home was built, it would have to meet the current setback requirements. Commissioner Drotning stated that the Zoning Ordinance recognizes the existing non- conforming Iakeshore homes that are in the city and allows for reasonable improvements. He indicated that the Iakeshore properties are held to a very high standard for good reason. He supports the improvements proposed by Mr. Berger. • Commissioner Maguire agreed that Mr. Berger has met the requirements for a variance. Planning Commission Meeting Minutes, January 22, 2015 Page 3 Motion was made by Drotning, seconded by Maguire to recommend to City Council approval of the Berger Conditional Use Permit to allow an expansion of a legal non -conforming single family home in the Shoreland Overlay District of Orchard Lake, and a variance to allow an expansion of a legal non -conforming home that does not meet the 10 foot side yard setback and the 75 foot setback from the Orchard Lake Ordinary High Water Level (OHWL), subject to the following three stipulations: 1. The improvements shall be constructed in accordance with the site plan and building plans approved with the conditional use permit and variance. 2. The exterior building materials and roof for the addition shall match the house. 3. All disturbed soils shall be restored and established with groundcover immediately after work in that area is completed. Ayes: Swenson, Kaluza, Drotning, Maguire. Nays: 0 6. C -Store Partners LLC (d/b/a SuperAmerica) Vice Chair Swenson opened the public hearing to consider the application of C - Store Partners LLC (d/b/a SuperAmerica) for the following, located north of 185th Street (CSAH 60) and east of Orchard Trail: A. Preliminary and final plat of one commercial lot and one outlot to be known as TimberCrest at Lakeville 7th Addition; and B. Conditional Use Permit to allow: 1. Motor vehicle fuel sales with convenience grocery; and 2. Commercial car wash. Dennis Cornelius from Amcon Construction, on behalf of C -Store Partners and SuperAmerica, introduced himself and turned it over to Associate Planner Frank Dempsey to present the planning report. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that representatives of C -Store Partners, Inc. have submitted applications for a preliminary and final plat and conditional use permit (CUP) to allow the development of a SuperAmerica convenience store with motor fuel sales and automatic car wash. Mr. Dempsey reviewed the zoning and subdivision ordinance requirements pertaining to this proposed project. Mr. Dempsey commented that the landscape plan must be amended to include additional shrub plantings to screen vehicle headlights from the car wash queuing and car wash entrance area. Mr. Dempsey reviewed the Zoning Ordinance criteria for motor vehicle fuel sales and commercial car washes, which is described in detail in the January 16, 2015 planning report. Planning Commission Meeting Minutes, January 22, 2015 Page 4 Mr. Dempsey indicated that he received four e-mails from residents with comments regarding this proposal, which were distributed to the Planning Commission prior to the start of tonight's meeting. Mr. Dempsey stated that the proposed development meets zoning and subdivision ordinance requirements and staff recommends approval of the TimberCrest of Lakeville 7th Addition preliminary and final plat and conditional use permit subject to the 21 stipulations listed in the January 16, 2015 planning report. Vice Chair Swenson opened the hearing to the public for comment. Joan Bastien, 18719 Kalmar Ct. was concerned with traffic and how difficult it is to pull out onto (CSAH 60) from their neighborhood. Warren Knaver, 18573 Kale Way was concerned with whether another gas station was needed in Lakeville, much less in this location. He questioned how SuperAmerica determines the locations of their stations and if they will be profitable. He expressed concern about traffic and how difficult it is to get out of their neighborhood onto CSAH 60. Mr. Knaver also questioned what type of uses were meant to occur in the TimberCrest development. Alice Robinson, 18662 Kalmar Ct. also commented on how difficult it currently is to get out onto CSAH 60. Motion was made by Drotning, seconded by Maguire to close the public hearing at 6:37 p.m. Ayes: Kaluza, Drotning, Maguire, Swenson Nays: 0 Vice Chair Swenson asked for comments from the Planning Commission. Discussion points included: • Commissioner Drotning asked Mr. Jordan to discuss the current conditions of 185th Street (C.R. 60) and what is planned for future improvements. • Mr. Jordan explained that the County is in the process of reconstructing the CSAH 60 and CSAH 50 intersection into a roundabout. The County conducted a traffic impact study including the area around the Orchard Trail and CSAH 60 intersection. The outcome of the study stated that County Road 50 and County Road 60 will have an adequate level of service with the intersection of CSAH 60 and Orchard Trail being a full access. The County policy would not support a traffic signal at Orchard Trail/CSAH 60 but the County could install a three-quarter median, meaning no left turns onto CSAH 60 or crossing CSAH 60 from Orchard Trail. Mr. Jordan stated that Dakota County controls the access requirements at this intersection. • Mr. Jordan commented that with the installation of the new roundabout at CSAH 50/CSAH 60 the gaps in traffic will be more frequent but the gaps will likely not be as long. He acknowledged that it may be difficult to tum left onto CSAH 60 from Orchard Trail during peak traffic demand periods. Planning Commission Meeting Minutes, January 22, 2015 Page 5 • Commissioner Maguire asked the applicant how SuperAmerica chooses their sites. Craig Forgey indicated that SuperAmerica does extensive research where they believe there are gaps in service coverage. He commented that this area is a high traffic retail market with potential growth and there are no other gas stations in this area. He feels this particular market area is underserved. • Regarding land use and zoning, Mr. Dempsey stated that TimberCrest was platted in 2001 as a Planned Use Development with an underlying zoning of C-3, General Commercial District, which allows a mix of retail, professional offices, and restaurants and is consistent with what has been developed in TimberCrest so far. • Commissioner Drotning asked if Way Finder signs on the freeway will be used. Mr. Dempsey stated that these freeway signs are managed by the Minnesota Department of Transportation under their guidelines. • The Planning Commission agreed that traffic on CSAH 60 is a concern but the proposed use is appropriate and meets Zoning Ordinance requirements. Commissioner Drotning asked generally about the design of the site and whether there is room for motor homes, vehicles and trailers, and semi -trucks to be able to maneuver through the site. Mr. Cornelius commented that it is not meant to be a truck stop, but the site will accommodate larger vehicles. There will be more maneuverability within this site than at some of their other locations. He stated that the location of the diesel pumps has not been determined yet, but most likely will be on one of the outer fueling islands. Jim Robinson, 18662 Kalmar Path, asked if Kenrick Avenue, where it dead ends at the northern end of the TimberCrest development, will ever continue to CSAH 50. Mr. Jordan stated that the City's Comprehensive Transportation Plan identifies Kenrick Avenue eventually connecting to CSAH 50, which will help alleviate some of the traffic that now has to use CSAH 60. Mr. Morey stated that the property abutting the existing Kenrick Avenue dead end to the north is a very challenging piece of property to develop. It is actively being marketed by the property owner. The City would like Kenrick Avenue to connect to CSAH 50, which will benefit traffic circulation, but the project is not in the City's current CIP so it would have to be funded by the developer of the property. Commissioner Drotning pointed out that the majority of our infrastructure is paid for by development. Vice Chair Swenson stated that the Planning Commission and City staff is well aware of the traffic situation at this location, but are confident that the streets can handle the proposed development. It may take some time for existing residents to get use to, but the outcome will be positive. Motion was made by Maguire, seconded by Drotning to recommend to City Council approval of the TimberCrest of Lakeville 7th Addition preliminary and final plat and conditional use permit for C -Store Partners, Inc. (Superamerica) for a Planning Commission Meeting Minutes, January 22, 2015 Page 6 convenience store with motor fuel sales and an automatic car wash, subject to the following 21 stipulations: 1. A building permit is required prior to commencing any site improvements. 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 preliminary and final plat plans and in compliance with Zoning Ordinance requirements. 4. Outlot P, TimberCrest at Lakeville 4th Addition, shall be conveyed to the City consistent with the TimberCrest at Lakeville 4th Addition development contract. 5. A shared driveway access agreement shall be in place between Lot 1, Block 1 and the future commercial area to the east on Outlot A. 6. The landscape plan shall be amended to include additional shrub plantings to screen vehicle headlights from the car wash queuing and car wash entrance. 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. 7. The west entrance door of the car wash shall be closed during the entire car wash cycle. 8. The public address system shall not be audible at any property line. Play of music or advertisement from the public address system is prohibited. 9. Canopy posts/signposts shall not obstruct traffic or the safe operation of the gas pumps. 10. Minimum maintenance/inspection of the oil/grit separator at least two (2) times per year and/or after measurable spill events. A measurable spill shall be defined by the Minnesota Pollution Control Agency (MPCA). Any measurable spill event must be reported to the MPCA. 11. Site lighting shall be installed in accordance with the approved lighting plan and shall meet the requirements of the Zoning Ordinance at all times. 12.AII 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. 13. The outdoor sales display area shall be limited to 155 square feet at the front of the building, shall not block the building ingress and egress, and shall meet Zoning Ordinance requirements at all times. 14. The height of sales displays shall not obstruct any window or otherwise impair a clear view of the pump islands from the cashier station within the building. In no case shall the sales display exceed five feet (5') in height. 15. Propane sales limited to twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meet all state uniform building and fire codes. 16. Freezers for ice products may only be located at the front of the building subject to the area and location requirements of Section 11-37-3.0.2 and 3 of the Zoning Ordinance, or when used for storage purposes only shall be located in a side or rear yard and screened from view from adjacent Planning Commission Meeting Minutes, January 22, 2015 Page 7 properties or the public right of way with materials consistent with the principal building. 17. The operator shall be responsible for litter control on the subject property, which is to occur on a daily basis. Trash receptacles must be provided at a convenient location on site to facilitate litter control. 18. Snow storage shall not occur within required parking spaces, vehicle driving lanes or on public property. 19. The convenience store shall comply with the requirements for motor fuel facilities and car washes. 20. Prior to City Council consideration, the plans must be revised so the proposed sign on the west facing canopy is 32 square feet in area or Tess. 21.A license is required for the proposed dynamic display sign. The sign must comply with the requirements of Sections 3-22 and 11-23-15.T of the City Code. Ayes: Kaluza, Drotning, Maguire, Swenson Nays: 0 There being no further business, the meeting was adjourned at 7:05 p.m. Respectfully submitted, Penny Br 'g, Recording Se ary