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HomeMy WebLinkAbout04-09-15CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES April 9, 2015 Chair Swenson 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: Chair Jason Swenson, Vice Chair Linda Maguire, Brooks Lillehei, Paul Reuvers, Pat Kaluza, Karl Drotning, Scott Einck, ex -officio member Nic Stevens Members Absent: None Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Brett Altergott, Parks and Recreation Director; Daniel Licht, The Planning Company; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The March 19, 2015 Planning Commission meeting minutes were approved as presented. 4. Announcements There were no handouts or announcements for tonight's meeting 5. Chris Bye Chair Swenson opened the public hearing to consider the application of Chris Bye for a Conditional Use Permit to allow an expansion of a legal non -conforming single family home in the Shoreland Overlay District of Lake Marion, located at 10227 — 205th Street. Chris and Christine Bye presented a brief overview of their request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Mr. Bye is requesting a conditional use permit (CUP) to allow an addition to the house located at 10227 205th Street. The CUP is required because the existing house does not meet the 75 foot setback to the Ordinary High Water Level (OHWL) of Lake Marion. Mr. Dempsey explained that Mr. Bye plans to complete an interior remodel of the existing garage into living space. The plans also propose an attached garage addition totaling 950 square feet (interior measurement) and a 210 square foot living area onto the south and east sides of the house. Mr. Dempsey stated that the house was constructed in 1973, prior to adoption of the Shoreland Overlay District regulations of a 75 foot setback from the OHWL. The house meets all other setback requirements. Planning Commission Meeting Minutes, April 9, 2015 Page 2 Mr. Dempsey stated that the total impervious surface area following construction is proposed to be 23.44%. The Department of Natural Resources (DNR) has been notified of the CUP application and expressed no concerns. Mr. Dempsey stated that Planning Department staff recommends approval of the Bye CUP subject to the six stipulations listed in the April 3, 2015 planning report. Chair Swenson opened the hearing to the public for comment. Tom Klausler, 10213 205th Street Mr. Klausler lives directly east of the Bye's house. He was glad to see they are improving the property and expressed support for the conditional use permit request. Motion was made by Maguire, seconded by Lillehei to close the public hearing at 6:10 p.m. Ayes: Einck, Lillehei, Maguire, Swenson, Reuvers, Kaluza, Drotning Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points included: • Commissioner Drotning asked about a cross access easement for the driveway with Mr. Klausler. Mr. Dempsey indicated that cross access easements are generally utilized for commercial and industrial properties, not residential properties. Motion was made by Maguire, seconded by Lillehei to recommend to City Council approval of the Chris Bye Conditional Use Permit to allow an expansion of a legal non -conforming single family home in the Shoreland Overlay District of Lake Marion, located at 10227 — 205th Street, subject to the following stipulations: 1. The improvements shall be constructed in accordance with the site plan approved with the conditional use permit 2. The exterior building materials and roof for the addition and the existing house shall match. 3. The encroachment of the neighbor's driveway over the east property line shall be removed prior to issuance of a Certificate of Occupancy for the house addition. 4. Total impervious surface area on the property shall not exceed 25%. 5. All disturbed soils shall be restored and established with groundcover immediately after work in that area is completed. 6. Overhead utility lines between the pole and the house shall be buried underground. Ayes: Lillehei, Maguire, Swenson, Reuvers, Kaluza, Drotning, Einck. Nays: 0 Planning Commission Meeting Minutes, April 9, 2015 Page 3 6. Mega Stop, Inc. Chair Swenson opened the public hearing to consider the application of Gary L. Thorson/Mega Stop, Inc. for a Conditional Use Permit Amendment to allow a compressed natural gas vehicle fuel dispensing facility at the Holiday Mega Stop. Gary Thorson, owner of Mega Stop, Inc. and Tim Blaszczyk from Trillium CNG attended tonight's meeting. Mr. Thorson presented a brief overview of their request. He indicated that he will buy the equipment from CNG and they will maintain it. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the applicant has submitted an application for a conditional use permit (CUP) amendment to allow the installation of a compressed natural gas fuel dispenser with ancillary fuel storage and mechanical equipment on the east side of their existing truck and recreational vehicle fuel island located at 21100 Kenrick Avenue. Mr. Dempsey explained that the CNG fuel facility requires the construction of a mechanical equipment area to facilitate storage, monitoring and dispensing of the fuel. He indicated that the equipment area will be in a location that is currently used as a semi -truck parking area east of the large fuel island canopy. The equipment area will include a secured masonry building and a fenced area to screen the outdoor CNG mechanical equipment. Mr. Dempsey reviewed the parking and circulation of the site and landscaping/screening of the CNG equipment area, which is described in detail in the April 3, 2015 planning report. Mr. Dempsey clarified Stipulation 3 listed in the April 3, 2015 planning report. Language regarding the parking lot should read "patched and repaired" rather than "resurfaced". Mr. Dempsey stated that City staff recommends approval of the proposed conditional use permit amendment, subject to the five stipulations listed in the April 3, 2015 planning report, as amended. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Lillehei, seconded by Drotning to close the public hearing at 6:23 p.m. Ayes: Maguire, Swenson, Reuvers, Kaluza, Drotning, Einck, Lillehei Nays: 0 Chair Swenson asked for comments from the Planning Commission. • Commissioner Drotning asked the applicant to explain how the compressed natural gas fuel was dispensed and if there was any special training that one Planning Commission Meeting Minutes, April 9, 2015 Page 4 would need in order to dispense it. Mr. Thorson explained that many over the road truckers use this type of fuel. Compressed natural gas is a very "green" and safe fuel. Mr. Thorson stated that he can guarantee the price of natural gas for his customers for years. Natural gas prices are very consistent, whereas diesel fuel prices are not. Mr. Blaszczyk stated that UPS, Honda, and Frito Lay are just a few of the bigger companies that are using compressed natural gas in their trucks. There will be someone available on site to make sure there are no fueling problems, but fueling with CNG is not that much different than fueling with liquid gas or diesel. • Commissioner Drotning asked if signage will be added so trucks do not park near the ancillary fuel storage and mechanical equipment area. Mr. Thorson indicated that this will have to be monitored very closely because the truckers usually park where they want to park. Mr. Thorson agreed to install "No Parking" signs at the perimeter of the CNG fenced area. • Chair Swenson was very pleased to see this type of fueling alternative come to Lakeville. CNG is a product that many trucking companies are considering. • The following amended stipulations were suggested: Amend Stipulation 3 to read "...shall be patched and repaired in conjunction..." Add Stipulation 6. "No Parking" signs shall be installed on three sides of the CNG equipment area and building. Motion was made by Drotning, seconded by Reuvers to recommend to City Council approval of the conditional use permit amendment to allow a compressed natural gas vehicle fuel dispensing facility at the Holiday Mega Stop, located at 21100 Kenrick Avenue, subject to the following stipulations, as amended: 1. The site and building improvements shall comply with the plans approved by the City Council. 2. The utility/equipment building shall be constructed of brick or integral colored rock -face concrete block to match the materials and color of the existing convenience store building. A building permit is required prior to commencing any building improvements. 3. The deteriorated bituminous pavement between the large fuel island and the east and south property lines shall be patched and repaired in conjunction with the CNG improvements. 4. An $8,100 financial security shall be submitted prior to the issuance of a building permit for the required landscaping and fence improvements as identified on the site plan and landscape plan. 5. 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 advertising signs. 6. "No Parking" signs shall be installed on three sides of the CNG equipment area and building. Ayes: Swenson, Reuvers, Kaluza, Drotning, Einck, Lillehei, Maguire Nays: 0 Planning Commission Meeting Minutes, April 9, 2015 Page 5 7. A & D Recycling & Recovery, Inc. Chair Swenson opened the public hearing to consider the application of A & D Recycling & Recovery, Inc. for an Interim Use Permit to allow an industrial use in the O -P, Office Park District. Andy Dunham, owner of the business, and his attorney Jim Yarosh were in attendance at tonight's meeting. Mr. Yarosh presented a brief overview of Mr. Dunham's request. He stated that Mr. Dunham has 14 full-time employees and is considered a green company. He indicated that the dumpsters that were previously used in the business are no longer needed and have been removed from the property. The property is now Tess non -conforming that it has been in the past. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that the applicant has submitted an interim use permit (IUP) application to allow the continuation of his industrial business located at 10811 — 215th Street. Andy Dunham operates the A & D Recycling and Recovery scrap metal recycling business on a 9.4 acre property that was once part of the larger 70 acre Dennis Dunham farmstead property. Mr. Morey explained there is a history of code enforcement actions on the subject property dating back more than 30 years, including a District Court Stipulation and Order from 2005 that allowed A & D Recycling and Recovery to operate on the property until January 1, 2015. Andy Dunham is now seeking approval of an IUP to allow his industrial use to continue to operate on the property. Mr. Morey indicated that, since submitting the IUP application, Mr. Dunham has removed outdoor storage items and cleaned up his area of the subject property. Compliance with the stipulations listed in the April 2, 2015 planning report, along with regular inspections of the site by City and Dakota County staff will ensure the A & D Recycling and Recovery use of the property complies with Zoning Ordinance requirements and environmental regulations. Mr. Morey showed a few before and after photos of A & D Recycling and Recovery's area of the subject property in order to show the extent of Mr. Dunham's recent clean-up efforts. Mr. Morey stated that City staff recommends approval of the A & D Recycling and Recovery Interim Use Permit subject to the seven stipulations listed in the April 2, 2015 planning report. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Lillehei, seconded by Maguire to close the public hearing at 6:50 p.m. Ayes: Reuvers, Kaluza, Drotning, Einck, Lillehei, Maguire, Swenson Planning Commission Meeting Minutes, April 9, 2015 Page 6 Nays: 0 Chair Swenson asked for comments from the Planning Commission. Discussion points included: • There was a short discussion regarding regular inspections, by whom, and how often. Mr. Morey explained that the City has not had any recent citizen complaints regarding this property, but if this interim use permit is approved the City would perform regular inspections, especially during the summer months when there is a Code Enforcement person on staff. Dakota County would perform separate inspections relative to their environmental regulations. • Commissioner Lillehei asked Mr. Dunham to explain what his company does. Mr. Dunham explained that customers drop off aluminum cans, which are then sorted and stored in the building or in one of the semi- trailers on-site until there is enough material to ship to a different company to refine. • Commissioner Lillehei suggested that Stipulation 1C be amended to add "and a building permit to reconstruct the building has not been applied for within 180 days of when the building was damaged". And to add to 1E "Within one year after the availability of City sanitary sewer"... • Rebuilding the A & D Recycling and Recovery building if it was destroyed by fire was discussed. Commissioner Drotning feels Mr. Dunham's building should be brought into compliance with O -P District standards if the original building was destroyed. • Mr. Morey indicated that the Non -Conforming Buildings section of the Zoning Ordinance would allow Mr. Dunham to re -build the same size, same height, and of the same materials. Mr. Yarosh stated that because of the IUP, Mr. Dunham would have to weigh the financial implications of re -building. • Commissioner Reuvers stated that Stipulation 1E should include water also. • Commissioner Reuvers indicated that applicable state, county and local regulations should be referenced in Stipulation 7. • Mr. Morey stated there many properties along County Road 70 and Kenrick Avenue in this area of the city that are zoned O -P and that have been in business for 25 or more years and that continue to operate because of their grandfathered rights. These business uses and properties have a higher and better use as identified by their land use designation and zoning. The land use and zoning of these properties will be re -visited with the 2018 Comp. Plan Update. • Commissioner Drotning stated that he believes very strongly in following the Zoning Ordinance requirements that are in place. He feels that compliance of the A & D Recycling and Recovery interim use permit will place a great burden on City staff. • Chair Swenson went over the modifications to the stipulations listed in the April 2nd planning report that have been discussed. Planning Commission Meeting Minutes, April 9, 2015 Page 7 1 C. If the A & D Recycling and Recovery building is destroyed by fire or other peril to an extent greater than 50% of its value and a building permit to reconstruct the building has not been applied for within 180 days of when the building was damaged. 1 E Within one year of the availability of City sanitary sewer and water to serve the property. 7. Compliance with applicable State, County, and local regulations. Motion was made by Drotning, seconded by Lillehei to recommend to City Council approval of the A & D Recycling and Recovery interim use permit subject to the following stipulations: 1. This interim use permit shall expire upon one of the following events, whichever occurs first: a. Redevelopment or subdivision of the property (PID 220360007013) for a use allowed within the O -P District. b. Discontinuation of the scrap metal recycling use for a period of more than one (1) year. c. If the A & D Recycling and Recovery building is destroyed by fire or other peril to an extent greater than 50% of its value and a building permit to reconstruct the building has not been applied for within 180 days of when the building was damaged. d. Violation of the terms of this interim use permit. e. Within one year of the availability of City sanitary sewer and water to serve the property. f. Upon the sale of the property or transfer of the operation of the scrap metal recycling business to another entity. 2. The A & D Recycling and Recovery use shall be limited to scrap metal recycling only. 3. All dumping, sorting, and cutting of scrap metal shall take place inside the A & D Recycling and Recovery building. 4. The outdoor storage of five (5) semi -trailers for the storage of scrap metal shall be allowed in the locations identified on the site plan (Exhibit C) and with the business narrative (Exhibit D). No other outdoor storage is allowed, with the exception of licensed and operable vehicles associated with the A & D Recycling and Recovery business. 5. The storage of dumpsters on the A & D Recycling and Recovery site is prohibited. 6. Gravel shall be placed in the main driveway for A & D Recycling and Recovery between the building and 215th Street. 7. Compliance with applicable State, County, and local regulations. Ayes: Kaluza, Drotning, Einck, Lillehei, Maguire, Swenson, Reuvers Nays: 0 Planning Commission Meeting Minutes, April 9, 2015 Page 8 8. City of Lakeville Chair Swenson opened the public hearing to consider an amendment to the City of Lakeville's Comprehensive Parks, Trails and Open Space Plan element of the Comprehensive Land Use Plan. Daniel Licht from The Planning Company reviewed the specific discussion topics from the joint City Council/Parks, Recreation & Natural Resources Committee meeting that occurred in November 2014, which are listed in the April 1, 2015 memo from Brett Altergott. Mr. Licht stated that the Parks, Recreation & Natural Resources Committee is recommending approval of the 2015 Parks, Trails & Open Space Plan as presented. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Maguire, seconded by Reuvers to close the public hearing at 7:31 p.m. Ayes: Drotning, Einck, Lillehei, Maguire, Swenson, Reuvers, Kaluza Nays: 0 Chair Swenson asked for comments from the Planning Commission. Discussion points included: • Commissioner Lillehei appreciated the social electronic component and asked Mr. Licht to expand on it. Mr. Licht explained this was brought forward to help generate more interest in the activities at specific parks by using your smart phone for geocaching or at information kiosks to download information or to schedule activities. He indicated that this is a policy recommendation. It is something the Parks, Recreation and Natural Resources Committee would need to bring forward and implement, but they have been given direction from the City Council to consider implementing this recommendation. • Chair Swenson commented that he was glad to see that the Parks, Trails and Open Space Plan included discussion of the equitability between the City of Lakeville and the adjacent townships in terms of funding for City facilities that are used by the residents in the adjacent townships. He indicated that this isn't unique to Lakeville. He is employed by Scott County, and the growing townships coordinate with the cities of Savage and Prior Lake. Motion was made by Lillehei, seconded by Reuvers to recommend to City Council approval of the City of Lakeville's Parks, Trails and Open Space Plan element of the Comprehensive Plan as presented. Ayes: Einck, Lillehei, Maguire, Swenson, Reuvers, Kaluza, Drotning Nays: 0 There being no further business, the meeting was adjourned at 7:36 p.m. Planning Commission Meeting Minutes, April 9, 2015 Page 9 Respectfully submitted, Penny Br g, Recording Se etary