HomeMy WebLinkAbout04-17-08 CITY OF LAKEVILLE
Planning Commission Meeting Minutes
• APRIL 17, 2008
The April 17, 2008 Planning Commission meeting was called to order by Chair
Drotning in the City Hall Council Chambers at 6:00 p.m.
Flag pledge and roll call of members:
Present: Glad, Manikowski, Lillehei, Drotning, Pattee, Grenz, Davis, Ex-officio
Bussler.
Absent: None.
Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Kris Jenson, Associate Planner; Jay Rubash, Assistant City Engineer; Andrea
Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary.
ITEM 3. APPROVAL OF MEETING MINUTES:
The April 3, 2008 Planning Commission meeting minutes were. approved as
presented.
ITEM 4. ANNOUNCEMENTS:
• Mr. Morey indicated that the following items were distributed to the Planning
Commission at tonight's meeting:
A. The April 16, 2008 Parks, Recreation and Natural Resources
Committee meeting motions regarding the Primrose of Lakeville
preliminary and final plat and the Crossroads East preliminary and
final plat.
B. April 15, 2008 letter from the Spirit of Brandtjen Farm homeowners
supporting the extension of the McNamara Contracting Asphalt Plant
operation through December 31, 2010.
C. Request from a homeowner in Spirit of Brandtjen Farm (Mr. Viers) to
move agenda item #5 back on the agenda so he can address the
Planning Commisslon.
D. At the end of the meeting, staff would like to discuss the meeting
conflict caused by the Taste of Lakeville on May 15a`.
The Planning Commission moved agenda item #5 to later on the agenda so Mr.
Viers could be present.
ITEM 6. INDEPENDENT SCHOOL DISTRICT 194
• Chair Drotning opened the public hearing to consider the application of
Independent School District 194 for a Conditional Use Permit amendment to allow
Planning Commission Meeting
Apri117, 2008
Page 2
•
the construction of an additional softball field at Lakeville North High School,
located at 19600 Ipava Avenue. The Recording Secretary attested that the legal
notice had been duly published in accordance with State Statutes and City Code.
Vaughn Dierks from Wold Architects presented an overview of the school district's
request.
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated
that ISD 194 has submitted an application for an amendment to their CUP to allow
the construction of an additional softball field at Lakeville North High School
(LNHS).
Ms. Jenson reviewed the applicable criteria for consideration of a CUP request
included in the Zoning Ordinance, which are listed in detail in the April 11, 2008
planning report.
Ms. Jenson stated that staff has a concern with batted balls clearing the outfield
fence and going out onto adjacent Dodd Boulevard. She indicated that City
recreation programs may also use these fields. Parks and Recreation Director Steve
Michaud stated the City would take into account the size of the field and would
program the appropriate playing level for the field.
Ms. Jenson stated that should the Planning Commission recommend to the City
Council approval of the ISD 194 CUP amendment, Planning Department staff
recommends approval subject to the 3 stipulations listed in the April 11, 2008
planning report, and approval of the Findings of Fact dated April 17, 2008.
Chair Drotning opened the hearing to the public for comment and stated that this
conditional use permit amendment does not involve the turf replacement in the
football stadium.
Jim Wolter, 10132 185t~~ Street W.
Mr. Wolter thanked Steve Michaud, Parks and Recreation Director, for considering
the appropriate players for this field.
Mr. Wolter also wanted to know if the bid for the project had already been
awarded.
•
Planning Commission Meeting
Apri117, 2008
Page 3
•
Whitey Whitehouse, 9330176th Street W.
Mr. Whitehouse had a major concern with liability and injury. He felt that softballs
going down onto Dodd Boulevard was a good possibility and a definite hazard to
drivers.
Mr. Whitehouse questioned the site layout that was being displayed at tonight's
meeting because when he walked the site earlier today the softball field that they
show on the site plan doesri t exist and there is a softball field in the southwest
corner of the site which is not shown.
Mr. Whitehouse feels that this is an inappropriate location for the softball field and
it should not be approved as presented.
08.34 Motion was made and seconded to close the public hearing at 6:18 p.m.
Ayes: 6 Nays: 1 (Pattee)
The Planning Commission held a discussion regarding the height of the outfield
• fence, moving the outfield fence farther out, if an additional fence should be
installed down the slope adjacent to Dodd Boulevard, if natural vegetation or
landscaping on the slope would help slow balls down if they did get hit over the
fence, if there could be a guarantee that only 9tt' and 10t~ grade girls would be
playing at this field, and whether this softball field be constructed in this location.
It was suggested that this agenda item be tabled until the following questions could
be answered:
The questions that the Planning Commission and staff requested to be answered by
the May 1, 2008 Planning Commission meeting are as follows:
1. How high does the outfield fence need to be to prevent a high school
softball player from hitting a ball over the fence?
2. What is the typical distance of balls hit to right field and the difference
between fast and slow pitch?
3. Why are there no other alternative locations for this second practice field?
The P1azuling Commission felt that these items should be addressed prior to
making any recommendation on the conditional use permit amendment to
construct the additional softball field.
Planning Commission Meeting
Apri117, 2008
Page 4
•
08.35 Motion was made and seconded to table the application of Independent School
District 194 to the May 1, 2008 Planning Commission meeting.
Ayes: Glad, Manikowski, Lillehei, Drotning, Pattee, Grenz, Davis.
Nays: 0
Mr. Viens was now in attendance so the Plaiming Commission moved to agenda
Item #5.
ITEM 5. MCNAMARA CONTRACTING, INC.
Chair Drotning stated that the Planning Commission directed the City Attorney to
prepare Findings of Fact for the application of McNamara Contracting, Inc. for an
amendment to the Nordic Square Planned Unit Development to extend the
expiration date of the existing asphalt plant from December 31, 2008 to December
31, 2010. He stated that the Planning Commission also wanted staff to notify the
Spirit of Brandtjen Farm of the Planning Commission's consideration of the
Findings of Fact and that additional public comment would be accepted.
Chair Drotning requested that the applicant and his attorney make a presentation
on their permitting request.
Mike McNamara from McNamara Contracting, Inc. and his attorney Brian McCool,
from Fredrikson & Byron, P.A. presented their permitting request. Mr. McCool
indicated that McNamara Contracting and Tradition Development held a
neighborhood meeting on April 9, 2008 to discuss the residents' concerns and
explain to them in more detail the nature of the business, hours of operation, etc.
At the neighborhood meeting certain commitments by McNamara Contracting, Inc.
to the neighbors and Tradition Development were made and therefore the residents
have removed their opposition to the operating extension and support operating
the plant until December 31, 2010.
Mr. McCool pointed out to the Planning Commission some additional information
regarding the location of residents compared to the location of the plant, future
mining locations, compatibility, and their time line for the permitting process to
move the asphalt plant to Empire Township.
Chair Drotning asked for any further comment from the public
Planning Commission Meeting
Apri117, 2008
Page 5
•
]ohn Viens, 16745 Asterbilt Lane
Mr. Viens stated that in March of 2008 he was aggravated by the potential extension
of McNamara Contracting, Inc.'s operation and did some significant investigating.
Then on April 9, 2008 there was a neighborhood meeting held and residents'
questions were answered and concerns were addressed. He then read the letter
from the homeowners in the Spirit of Brandtjen Farm neighborhood explaining that
everyone that signed the letter wish to remove their opposition to the McNamara
Contracting extension request.
Carl Stimson, 16749 Asterbilt Lane
Mr. Stimson thanked the Planning Commission for listening to the residents and
giving them the opportunity to voice their concerns.
Gary Spinazze, 16731 East Lake Drive
Mr. Spinazze reiterated what Mr. Stimson said and thanked the Planning
Commission and staff for taking their concerns into consideration.
08.36 Motion was made and seconded to reconsider the previous motion made on March
6, 2008 regarding the request of McNamara Contracting, Inc. for an amendment to
the Nordic Square PUD.
Ayes: Manikowski, Lillehei, Drotning, Pattee, Grenz, Davis, Glad.
Nays: D
08.37 Motion was made and seconded to recommend to City Council approval of the
McNamara Contracting, Inc. amendment to the Nordic Square Planned Unit
Development to extend the expiration date of the existing asphalt plant from
December 31, 2008 to December 31, 2010, on land located south of 160a' Street
(CSAH 46) and east of Pilot Knob Road (CSAH 31), subject to the 4 stipulations
listed in the February 29, 2008 planning report, and approval of the Findings of Fact
dated Apri117, 2008.
Ayes: Lillehei, Drotning, Pattee, Grenz, Davis, Glad, Manikowski.
Nays: 0
Break at 7:24
Reconvened at 7:30
•
Planning Commission Meeting
April 17, 2008
Page 6
•
ITEM 7. PRIMROSE OF LAKEVILLE
Chair Drotning opened the public hearing to consider the application of Children s
Design Group for the following, located south of 162nd Street (CSAH 46), north of
163rd Street, west of Ipava Avenue and east of Itasca Trail: A. Preliminary and final
plat of one commercial lot to be known as Primrose of Lakeville; B. Conditional Use
Permit for a daycare facility; and C. Vacation of a public drainage and utility
easement. The Recording Secretary attested that the legal notice had been duly
published in accordance with State Statutes and City Code.
Steven Schwartz from Primrose presented an overview of their request.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Children s Design Group has applied for a preliminary and final plat,
easement vacation and conditional use permit (CUP) to allow the development of
one commercial lot for a daycare facility on property zoned C-1, Retail Commercial
District.
Mr. Dempsey stated that the Primrose of Lakeville preliminary and final plat
consists of one lot on 2.08 acres, which exceeds the minimum loi;-area and lot width
requirements for the C-1 District. The building setback requirements of the C-1
District are being met with the proposed site plan.
Mr. Dempsey stated that an existing drainage and utility easement along the south
and west boundaries of existing Outlot A, Lakeland Financial Place, must be
vacated in conjunction with this preliminary and final plat. He indicated that this
vacated easement will be replaced with new boundary drainage and utility
easements established with the final plat of Primrose of Lakeville.
Mr. Dempsey stated that the Primrose of Lakeville preliminary and final plat has
frontage and access on 163rd Street. He indicated that the lot will have full right
and left turn access at 163~d Street on the south side of the property. Mr. Dempsey
stated that there will be a shared driveway onto the Lakeview Bank lot to the west
and a signed cross access driveway easement between Primrose of Lakeville and
Lakeview Bank shall be submitted prior to City Council considerafion of the
preliminary and final plat. The property also abuts 162nd Street (CSAH 46) but no
access is permitted per Dakota County access spacing requirements.
•
Planning Commission Meeting
Apri117, 2008
Page 7
•
Mr. Dempsey indicated that park dedication was satisfied with the Ipava
Marketplace administrative subdivision and final plat. No additional sidewalk or
trail construction will be required with the proposed preliminary and final plat. He
stated that Lakeview Bank has agreed to have the developer remove the sidewalk
stub located on the east side of the bank lot as part of the Primrose of Lakeville
preliminary and final plat.
Mr. Dempsey indicated that two snow storage areas are being proposed and will
utilize six parking spaces which are permitted due to the site having 13 excess
parking spaces.
Mr. Dempsey reviewed the applicable criteria for consideration of a CUP request
for a day care facility included in the Zoning Ordinance, which are listed in detail in
the Apri111, 2008 planning report.
Mr. Dempsey stated that should the Planning Commission recommend to the City
Council approval of the Primrose of Lakeville preliminary and final plat, CUP, and
easement vacation, Planning Department staff recommends approval subject to the
15 stipulations listed in the April 11, 2008 planning report, and approval of the
Findings of Fact dated Apri117, 2008.
Chair Drotning opened the hearing to the public for comment.
Whitey Whitehouse, 9330176th Street
Mr. Whitehouse was concerned with daycare traffic possibly cutting through the
Lakeview Bank parking lot due to the shared driveway access arrangement and he
requested the Planning Commission consider a second driveway in the southwest
corner of the daycare lot. He also thought fencing around the ponds may be a good
idea for the safety of the children at the daycare center.
08.38 Motion was made and seconded to close the public hearing at 7:49 p.m.
Ayes: 7 Nays: 0
Chair Drotning discussed the circulation through Lakeview Bank and was not
concerned due to the fact that there typically are very few customer cars in the bank
parking lot.
The Planning Commission concluded that the shared driveway access was not a
• safety concern.
Planning Commission Meeting
Aprff 17, 2008
Page 8
•
08.39 Motion was made and seconded to recommend to City Council approval of the
Primrose of Lakeville Preliminary and Final plat, Conditional Use Permit for a day
care facility, and easement vacation, subject to the 15 stipulations listed in the April
11, 2008 planning report, and approval of the Findings of Fact dated Apri117, 2008.
Ayes: Drotning, Pattee, Grenz, Davis, Glad, Manikowski, Lillehei.
Nays: 0
ITEM 8. CROSSROADS EAST
Chair Drotning opened the public hearing to consider the application of H. J.
Development, Inc. for the following, located in the southeast corner of Dodd
Boulevard (CSAH 9) and Glacier Way: A. Preliminary and Final Plat of three
commercial lots to be known as Crossroads East; B. Development and Final Stage
Planned Unit Development; C. Conditional Use Permit for a day care facility. The
Recording Secretary attested that the legal notice had been duly published in
accordance with State Statutes and City Code.
Dan Pollastrini from Pope Architects presented an overview of the applicant's
request. Mr. Pollastrini stated that they are proposing two monument signs with
this preliminary and final plat, one in the southwest corner at the intersection of
Dodd Boulevard and Glasgow Avenue and one in the northeast corner at the
intersection of Dodd Boulevard and Glacier Way.
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated
that representatives of H. J. Development Inc. have submitted an application for the
preliminary and final plat of two lots and one outlot to be known as Crossroads
East. She indicated that the property is zoned PUD, Planned Unit Development,
with an underlying zoning of C-3, General Commercial District. Ms. Jenson stated
that the applicant is also requesting a conditional use permit (CUP) to allow the
construction of a daycare facility.
Ms. Jenson stated that Lot 1 is proposed to be a KinderCare daycare center and Lot
2 is proposed to be a 1,764 square foot retail space. One outlot will be platted with
this development and encompasses the remainder of the property and will be
platted at a future date.
Ms. Jenson stated that the proposed lots meet the minimum lot area and lot width
of the Zoning Ordinance for the C-3 District. She indicated that the proposed
building pads exceed minimum building setback requirements. She stated that
•
Planning Corrunission Meeting
Apri117, 2008
Page 9
•
staff is recommending a sidewalk connection from the KinderCare daycare to the
existing sidewalk along Glacier Way.
Ms. Jenson stated that prior to City Council consideration, the monument sign
elevation must be modified to show the monument sign at a maximum height of 10
feet and revised to show only one monument sign on site. She indicated that
KinderCare is proposing two wall signs, one on the Front (SW) elevation of the
building and the other on the northwest side of the building. The retail building is
proposing signage on the north and the south sides of the building.
Referring to Mr. Pollastrini's statement earlier in his presentation, Ms. Jenson stated
that staff supports only one monument sign with this development phase.
Ms. Jenson reviewed the applicable criteria for consideration of a CUP request for a
daycare facility included in the Zoning Ordinance, which are listed in detail in the
April 11, 2008 planning report. She reiterated staffs fencing recommendation for
the outdoor play area.
Ms. Jenson stated that should the Planning Commission recommend to the City
• Council approval of the Crossroads East preliminary and final plat, Development
and Final Stage Planned Unit Development, and CUP, Plar,n;r,g Department staff
recommends approval subject to the 21 stipulations listed in the Aprll 11, 2005
planning report, and approval of the Findings of Fact dated Apri117, 2008.
Chair Drotning opened the hearing to the public for comment.
There were no comments from the audience.
08.40 Motion was made and seconded to close the public hearing at 8:10 p.m.
Ayes: 7 Nays: 0
Chair Drotning mentioned that he did not like the parking lot layout identified on
the ghost plat for the 2nd phase of this development and he made it clear to the
developer that the Planning Commission would not allow the cars backing out into
the main drive aisles for traffic safety reasons.
Chair Drotning asked for a clarification of the proposed monument signs. Mr.
Morey stated that staff is comfortable with a total of two monument signs for this
development -one monument sign with this preliminary and final plat and one
monument sign when Outlot A develops. It does not matter to staff at which
. intersection they construct the initial monument sign.
Planning Commission Meeting
April 17, 2008
Page 10
Stipulation 10 would be amended to read:
10. ...at the intersection of Dodd Boulevard and ~y Glasgow
Avenue.
08.41 Motion was made and seconded to recommend to City Council approval of the
Crossroads East preliminary and final plat, Development and Final Stage Planned
Unit Development, and Conditional Use Permit for a daycare facility, subject to the
21 stipulations listed in the April 11, 2008 planning report, as amended, and
approval of the Findings of Fact dated Apri117, 2008.
Prior to the roll call vote, the developer wanted to clarify that if they could only
have one monument sign at this time, they would want it at Dodd Boulevard and
Glacier Way, as originally stated in the stipulation.
08.42 Motion was made and seconded to un-amend motion 08.41.
Ayes: Pattee, Grenz, Davis, Glad, Manikowski, Lillehei, Pattee.
• Nays: 0
08.43 Motion was made and seconded to recommend to City Council approval of the
Crossroads East preliminary and final plat, Development and Final Stage Planned
Unit Development, and Conditional Use permit for a daycare facility, subject to the
21 stipulations listed in the April 11, 2008 planning report, and approval of the
Findings of Fact dated Apri117, 2008.
Ayes: Grenz, Davis, Glad, Manikowski, Lillehei, Drotning, Pattee.
Nays: 0
ITEM 9. NEW BUSINESS
The Planning Commission and staff concluded that there will be a May 1st Planning
Commission meeting and if a second meeting is needed, it will be on May 22nd due
to a conflict with the Taste of Lakeville on May 15th. Chair Drotning indicated that
he will be out of town that night so Vice Chair Davis will chair the meeting on May
22nd
•
Planning Commission Meeting
April 17, 2008
Page 11
s
There being no further business, the meeting was adjourned at 8:22 p.m.
Respectfully submitted, ATTES
rJ , ~
Penny ig, Recording- retary Karl Drotning, Chair
•
•