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HomeMy WebLinkAbout11-05-15 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES November 5, 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, Karl Drotning, Scott Einck, Pat Kaluza, Tom Thorstenson, Ex-officio member Nic Stevens Members Absent: Paul Reuvers Others Present: Daryl Morey, Planning Director, Frank Dempsey, Associate Planner; Matt Decur, Project Engineer; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The October 8, 2015 Planning Commission meeting minutes were approved as presented. 4. Announcements The following items were handed out at tonight’s meeting:  November 4, 2015 Parks, Recreation and Natural Resources meeting draft motion regarding the Interstate First Addition preliminary and final plat  Letter from the Dakota County Plat Commission regarding the Interstate First Addition preliminary and final plat.  E-mail from Sandi Raines (agenda item 6) stating that she is dropping her variance request.  Revised elevation plan for the Sandi Raines conditional use permit 5. Interstate First Addition Chair Swenson opened the public hearing to consider the application of APPRO Development on behalf of Interstate Lakeville Property LLC for the following: A. Preliminary and final plat of one industrial lot to be known as Interstate First Addition; B. Conditional use permit to allow limited retail sales within the I-2, General Industrial District; and C. Vacation of a public drainage and utility easement. Jack Matasosky, Jim Connelly and Scott Crosby from APPRO Development, and Grant Jacobson from Jacobson Engineering were in attendance at tonight’s meeting. Mr. Matasosky presented a brief overview of the Interstate First Addition project. He indicated that Interstate Properties LLC is currently located in Bloomington and will be relocating to Lakeville. They are projecting to employ 80–100 highly skilled workers. Mr. Matasosky commented that he was not aware of the County Road 70 Planning Commission Meeting Minutes, November 5, 2015 Page 2 and future trail fees that are listed in the planning and engineering reports. He indicated that Mr. Jacobson can address storm water drainage. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that representatives of Lakeville Properties LLC have submitted applications and plans for a preliminary and final plat, conditional use permit (CUP) and easement vacation for Interstate First Addition located at the southeast quadrant of th 215 Street (CSAH 70) and Highview Avenue. He indicated that the property is currently platted as Outlot B, Acorn Tappe First Addition. The project is proposed in conjunction with plans for an office, truck repair, storage and limited retail use with an accessory storage building. The CUP is required to allow the limited retail sales in the building. The easement vacation is required to clear the property title from the public drainage and utility easements dedicated with the Acorn Tappe First Addition final plat. Mr. Dempsey stated the property is zoned I-2, General Industrial District. The proposed servicing of motor freight vehicles and accessory parts sales is a permitted use of the property, but the proposed retail sales of truck parts requires a CUP. th The preliminary and final plat abuts 215 Street (CSAH 70) and Highview Avenue. All required right of way was dedicated with the Acorn Tappe First Addition plat so no additional right of way is required. Mr. Dempsey reviewed the Dakota County Plan Commission’s recommendation which was distributed at tonight’s meeting. Street access will be provided from two driveways located off of Highview Avenue abutting the west side of the property. All driveway locations and widths meet Zoning ordinance requirements. The proposed Interstate First Addition final plat will include new boundary drainage and utility easements. Mr. Dempsey stated that no opposition has been received from the utility companies for the proposed easement vacation. Mr. Dempsey reviewed the CUP requirements according to the Zoning Ordinance. The retail sales must remain accessory to the motor freight vehicle repair use of the property. The site plan was reviewed. The proposed buildings and parking lots meet setback requirements. The driveways and interior layout provides adequate width and turning radii to accommodate truck turning movements and emergency vehicle access. The parking aisle and stall sizes meet Zoning Ordinance requirements. Mr. Dempsey stated that the plans identify crushed bituminous for the truck parking area on the east side of the property. He indicated that the Zoning Ordinance requires paved bituminous so the crushed bituminous would not be allowed. Also, City staff is requesting consistency on the spacing of the landscaping proposed Planning Commission Meeting Minutes, November 5, 2015 Page 3 along CSAH 70 at the west end of the property adjacent to Dodd Boulevard (CSAH 9). Mr. Dempsey stated that Planning Department staff recommends approval of the preliminary and final plat, CUP and easement vacation, subject to the ten stipulations listed in the October 30, 2015 planning report. Chair Swenson opened the hearing to the public for comment. th Doug Edney, 8485 – 215 Street W. (Owner of Edney Distributing Co.) th Mr. Edney indicated that his company is located across 215 Street from the subject property. He is very supportive of bringing in new businesses. He stated that he had a meeting with City and County staff regarding the future redevelopment of C.R. 70. City and County staff informed him that there has been no formal plan or study done yet. Mr. Edney was concerned about where the access points onto C.R. 70 will be in the future. Mr. Edney prefers the option of aligning Highview Avenue with Heywood Avenue through the subject property rather than through his property because of impacts to the outdoor storage area of his business. Motion was made by Lillehei, seconded by Maguire to close the public hearing at 6:22 p.m. Ayes: Lillehei, Einck, Maguire, Swenson, Thorstenson, Kaluza, Drotning Nays: 0 Chair Swenson asked staff to address the fees for the future trail and upgrade of County Road 70 that Mr. Matasosky referred to. Mr. Dempsey indicated that it is a long standing policy that developers pay a percentage of future street upgrades, including trails. Confirmed the wording for the additional two stipulations recommended by Mr. Dempsey: 11. All areas that include truck parking must be paved with bituminous or concrete as required by the Zoning Ordinance. 12. Additional landscaping shall be shown on the landscape plan adjacent to th 215 Street in the northwest portion of the site. Chair Swenson asked City staff to address the future reconstruction of County Road 70. Mr. Dempsey stated that City and County staff agree that future study of the access points is needed. If the Heywood Avenue intersection with CSAH 70 is restricted in the future, City staff believes that Heywood Avenue can be jogged to intersect with CSAH 70 across from existing Highview Avenue adjacent to the Hasse Arena and Edney properties. Chair Swenson asked for clarification on the proposed design of the stormwater basins. Project Engineer Matt Decur and Grant Jacobson addressed this issue. Mr. Planning Commission Meeting Minutes, November 5, 2015 Page 4 Jacobson stated he is confident that the site design will meet all of the stormwater requirements. Motion was made by Lillehei seconded by Drotning to recommend to City Council approval of the Interstate First Addition preliminary and final plat, conditional use permit to allow limited retail sales within the I-2, General Industrial District and vacation of public drainage and utility easement, subject to the following stipulations, as amended: 1. Implementation of the recommendations listed in the October 30, 2015 engineering report. 2. The grading and drainage plan be approved by staff prior to the issuance of a grading permit or City Council consideration of the preliminary or final plat. 3. The Interstate First Addition shall be developed consistent with the plans approved by the City Council. 4. Accessory enclosed retail sales in the building shall not exceed 30% of the gross floor area of the principal building and shall remain accessory to the motor freight vehicle repair use of the property. 5. The landscape plan shall be modified to increase screening with staggered rows of eight foot tall conifer trees spaced not more than 20 feet apart. 6. A $20,000 security escrow shall be submitted to guarantee installation of the landscaping identified on the approved landscape plan. All plant materials shall be set back at least 3 feet from all property lines, including street right- of-way lines. All areas not planted with trees shall be planted with sod, grass seed and mulch or other suitable ground cover. All landscaping shall be maintained and any dead materials removed and replaced as needed. 7. An on-site stormwater management agreement shall be entered into between the developer and the City. The maintenance agreement shall be drafted by the City Attorney, signed by the developer and approved by the City Council. 8. Prefinished concrete panels shall be integral colored or exposed aggregate only and shall not be painted. 9. Snow storage cannot take place in required parking spaces. 10. Exterior lighting fixtures shall be in compliance with Zoning Ordinance requirements and shall not glare onto public right-of-way. 11. All areas that include truck parking to be paved with bituminous or concrete as required by the Zoning Ordinance. 12. Additional landscaping shall be shown on the landscape plan adjacent to th 215 Street in the northwest portion of the site. Ayes: Einck, Maguire, Swenson, Thorstenson, Kaluza, Drotning, Lillehei Nays: 0 6. Sandi Raines Chair Swenson opened the public hearing to consider the application of Sandi Raines for the following: A. Conditional use permit to expand an existing single family home that does not meet setback requirements and B. Variance from building Planning Commission Meeting Minutes, November 5, 2015 Page 5 setback requirements to allow an expansion of the existing single family home located in the Orchard Lake Shoreland Overlay District. Sandi Raines was in attendance at tonight’s meeting to present a brief overview of her project. Ms. Raines explained that she no long needs the variance because she understands and will follow recommendations made by Mr. Dempsey so she is withdrawing her variance application. She stated that she is proposing to eliminate steps to the front door of the house to improve the livability of the property. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Ms. Raines has applied for a conditional use permit (CUP) and variance th to allow an expansion of the legal non-conforming house located at 12245 – 175 Street. Ms. Raines purchased the house in October 2013. Since that time Ms. Raines has determined that improvements are necessary to replace the sidewalk to the main entrance door of the house as well as to reduce the number of steps over that area. She did not consult with Planning Department staff regarding the non- conforming zoning conditions or the building permit requirements prior to purchasing the property. Mr. Dempsey stated the Zoning Ordinance allows additions or expansions to non- conforming single family homes within the Shoreland Overlay District by CUP provided the addition or expansion meets the setback, height and other requirements of the Zoning Ordinance. Mr. Dempsey met with Ms. Raines and explained that a variance would not be needed if she were to construct a retaining wall and raise the grade below the proposed deck such that the deck was not more than 30 inches above grade. Mr. Dempsey stated the survey and a site inspection identified paving blocks that were installed west of the garage that could be used for vehicle parking. He stated they are not allowed by the Zoning Ordinance and will have to be removed. Mr. Dempsey indicated that Planning Department staff considers the proposed deck expansion for access to the main entrance to the house to be reasonable provided that the OHWL setback and side yard setback requirements are met and the non- conforming amount of impervious surface area is reduced. Staff recommends approval of the CUP subject to the six stipulations listed in the October 30, 2015 planning report, as amended. Chair Swenson opened the hearing to the public for comment. Ms. Raines indicated that the previous owners had used the paving blocks to park their camper. Motion was made by Maguire, seconded by Drotning to close the public hearing at 6:48 p.m. Ayes: Maguire, Swenson, Thorstenson, Kaluza, Drotning, Lillehei, Einck Nays: 0 Planning Commission Meeting Minutes, November 5, 2015 Page 6 Chair Swenson asked staff to clarify the wording of the amended stipulations. Mr. Dempsey suggested the following changes: 6. All disturbed soils shall be restored and established with groundcover immediately after work in that area is completed as soon as practical as dictated by the growing season and planting dates. 7. The parking strips denoted on the survey shall be removed. th Ms. Raines indicated that there is so little parking available on-site and 175 Street is so narrow there is no other parking available for her property without blocking the street. The Planning Commission agreed with Stipulation 7 as presented by staff in order to comply with the Zoning Ordinance. Chair Swenson expressed his appreciation to Ms. Raines for working with staff to eliminate the variance and reduce the site’s non- conformities. Motion was made by Lillehei, seconded by Kaluza to recommend to City Council approval of the Sandi Raines conditional use permit to expand an existing single family home in the Orchard Lake Shoreland Overlay District subject to the following stipulations, and to receive Ms. Raines’ request to withdraw her variance application: 1. The improvements shall be constructed in accordance with the site plan and building plans approved with the conditional use permit for all construction within 50 feet of the Orchard Lake Ordinary High Water Level of 977.6 feet. 2. The concrete sidewalk below the proposed new walkway from the driveway to the main door, and the concrete sidewalk along the northeast corner of the house and along the north side of the house, shall be removed. The deck shall be constructed to allow water to pass through to a pervious surface below. 3. The concrete sidewalk north of the house shall be removed to further reduce overall impervious surface area on the property. 4. Construction activities shall not commence prior to issuance of a building permit. 5. The patio door as identified on the survey shall be removed no later than December 31, 2015, after approval of a building permit, or plans for the placement of fill and the construction of retaining walls shall be submitted by the applicant in order to comply with setback requirements for the proposed deck and to allow the associated patio door. Construction activities associated with this option shall be substantially completed no later than June 1, 2016. 6. All disturbed soils shall be restored and established with groundcover immediately after work in that area is completed as soon as practical as dictated by the growing season and planting dates. 7. The parking strips denoted on the survey shall be removed. Planning Commission Meeting Minutes, November 5, 2015 Page 7 Ayes: Swenson, Thorstenson, Kaluza, Drotning, Lillehei, Einck, Maguire Nays: 0 There being no further business, the meeting was adjourned at 6:54 p.m. Respectfully submitted, Penny Brevig, Recording Secretary