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CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
June 16, 2016
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 Brooks Lillehei, Paul Reuvers,
Pat Kaluza, Scott Einck, Karl Drotning, Ex-officio member Nic Stevens
Members Absent:
Jason Kelvie
Others Present:
Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Daniel Licht, The Planning Company; Alex Jordan, Project Engineer; and Penny Brevig,
Recording Secretary
3. Approval of the Meeting Minutes
The June 2, 2016 Planning Commission meeting minutes were approved as
presented.
4. Announcements
Mr. Morey stated the following items were distributed at tonight’s meeting:
1. June 15, 2016 Parks, Recreation and Natural Resources Committee draft motion
regarding the Spirit Place at Brandtjen Farm preliminary and final plat.
2. A landscape plan and photo of the proposed evergreen screening for Agenda
Item #5, the Durst CUP.
3. Statement of Operations from PetSmart and a revised planning report from TPC
dated June 15, 2016 for agenda item #7, Spirit Place at Brandtjen Farm. The
planning report has been revised to address PetSmart’s proposal to include pet
sales and pet grooming as part of their proposed retail store.
5. David Durst
Chair Swenson opened the public hearing to consider the application of David Durst
for a conditional use permit (CUP) to allow the construction of a detached accessory
building exceeding the maximum allowable floor area in the RS-3, Single Family
Residential District, located at 17325 Jersey Way.
David Durst, representing Don and Barbara Durst, presented a short overview of
their request. He indicated that the applicant will use the accessory building to store
their boat, four-wheelers, snowmobiles, an antique vehicle and an ice house among
other miscellaneous items.
Planning Commission Meeting Minutes, June 16, 2016 Page 2
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that David Durst, representing Don and Barbara Durst, submitted an
application for a CUP to allow a 1,080 square foot accessory building in the RS-3
District. Combined with the existing 576 square foot attached garage, they would
have a total accessory building area of 1,659 square feet. 1,100 square feet of total
accessory building area is allowed for interior lots in the RS-3 District, unless a CUP
is approved by the City Council.
There are two non-conformities on the subject property. A fabric-sided shed, which
will be removed, and an overhead utility line and pole, which will be buried
underground in compliance with City Code requirements.
Mr. Dempsey referred to the landscape plan distributed at tonight’s meeting and
showed where the proposed evergreen trees will be located for screening of the
shed from the neighbors.
Setbacks, building appearance and building height all meet the Zoning Ordinance
requirements for an accessory building in the RS-3 zoning district. The accessory
building will be built over an old Frontier Communications easement which Frontier
is not opposed to.
Mr. Dempsey reviewed the criteria for an accessory building CUP, which are listed in
detail in the June 9, 2016 planning report.
Mr. Dempsey stated that Planning Department staff recommends approval of the
Durst conditional use permit and adoption of the Findings of Fact dated June 16,
2016, subject to the 11 stipulations listed in the June 9, 2016 planning report.
Chair Swenson opened the hearing to the public for comment.
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Bob Nehls, 10410 173 Ct. W.; Bob Nentl, 17355 Jersey Way; Lori Mousel 17266
Jasper Way
All three residents had concerns about the size of the proposed accessory building,
screening, and use of the building. Ms. Mousel asked whether the current driveway
was in the wetland.
Motion was made by Reuvers, seconded by Drotning to close the public
hearing at 6:15 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
The Planning Commission agreed that the proposed accessory building meets the
CUP performance standards of the Zoning Ordinance and the stipulations listed in
the June 9, 2016 planning report are appropriate. They appreciated that the
Planning Commission Meeting Minutes, June 16, 2016 Page 3
applicant has agreed to install the landscape screening even though it is not
required by the Zoning Ordinance.
Motion was made by Lillehei, seconded by Einck
to recommend to City Council
approval of the David Durst conditional use permit to allow the construction of a
detached accessory building exceeding the maximum allowable floor area in the RS-
3, Single Family Residential District, located at 17325 Jersey Way, and adoption of
the Findings of Fact dated June 16, 2016, subject to the following stipulations:
1. The proposed detached accessory building shall be constructed in the
location identified on the certificate of survey submitted with the conditional
use permit application as prepared by Pioneer Engineering dated May 6,
2016.
2. The detached accessory building shall be constructed with wood siding and
asphalt roof shingles and to the size and height identified on the plans
submitted with the conditional use permit application.
3. The detached accessory building shall be kept, used and maintained in a
manner that is compatible with the existing single family home on the property
and shall not present a hazard to the public health, safety and general
welfare.
4. The overhead utility power pole shall be removed and overhead lines from the
power poles serving the property to the house and accessory building shall be
buried underground in compliance with City Code requirements.
5. A building permit must be approved by the City prior to construction of the
new detached accessory building.
6. Evergreen screening shall be planted between the detached accessory
building and the north and west property lines to provide screening of the
accessory building. A landscape plan shall be submitted prior to City Council
consideration of the conditional use permit.
7. Approval of an Administrative Permit is required for the two existing driveway
accesses onto Jersey Way.
8. A Zoning Lot letter shall be recorded against Lots 2 and 3, Block 1, Forest
Hills to combine the two lots for zoning purposes.
9. The existing detached fabric sided accessory building shall be removed prior
to issuance of a building permit for the new detached accessory building.
10. No sanitary sewer service shall be provided to the detached accessory
building.
11. No home occupation shall be permitted within an accessory building on the
property. The accessory building shall not be used for the operation of any
commercial business or storage of commercial equipment.
Ayes: Einck, Lillehei, Swenson, Reuvers, Kaluza, Drotning
Nays: 0
Planning Commission Meeting Minutes, June 16, 2016 Page 4
6. ETS Elite South Metro
Chair Swenson opened the public hearing to consider the application of ETS Elite
South Metro for a conditional use permit (CUP) to allow an indoor commercial
recreation facility in the I-1, Limited Industrial District, located at 21021 Heron Way.
Ryan Englebert, owner of ETS Elite presented an overview of their request. He
thanked Associate Planner Frank Dempsey and staff for all their help with their
request for a CUP. He indicated they have a very successful facility in Woodbury
and are looking forward to expanding in Lakeville. They focus on training athletes
privately from the youth level to the professional level. He asked his business
partner, Minnesota Vikings wide receiver Adam Thielen, who Mr. Englebert has
been training for four years, to say a few words. Mr. Thielen spoke very highly of Mr.
Englebert and their facility. They are both very passionate about the development of
young athletes and he believes their company will be a great asset to this
community.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that ETS Elite South Metro have submitted a CUP application and plans for a
proposed athletic training facility located at 21021 Heron Way, which is allowed in
the I-1, Limited Industrial District by CUP.
Mr. Dempsey reviewed the performance criteria for commercial recreation facilities
in the I-1 District, which are listed in detail in the June 9, 2016 planning report.
Mr. Dempsey stated that Planning Department staff recommends approval of the
ETS Elite South Metro conditional use permit, and adoption of the Findings of Fact
dated June 16, 2016, subject to the three stipulations listed in the June 9, 2016
planning report.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Drotning, seconded by Reuvers to close the public
hearing at 6:35 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson stated he appreciates that these types of businesses are utilizing
buildings in Airlake Industrial Park.
Motion was made by Drotning, seconded by Kaluza
to recommend to City
Council approval of the ETS Elite South Metro conditional use permit to allow an
indoor commercial recreation facility in the I-1, Limited Industrial District, located at
21021 Heron Way, and adoption of the Findings of Fact dated June 16, 2016,
subject to the following stipulations:
Planning Commission Meeting Minutes, June 16, 2016 Page 5
1. A sign permit must be issued by the City prior to the installation of any signs.
2. No H (Hazardous) Occupancy tenants are allowed in the multiple tenant
industrial building as long as the commercial recreation use is a tenant in the
same building.
3. If any future tenants of the building being jointly occupied by this commercial
recreation use require Material Data Safety sheets (MSDS), the building owner
shall notify the City and provide the City with copies of the MSDS documents.
Ayes: Lillehei, Swenson, Reuvers, Kaluza, Drotning, Einck
Nays: 0
7. Spirit Place at Brandtjen Farm
Chair Swenson opened the public hearing to consider the application of HJ
Development LLP for a preliminary and final plat and PUD development stage plans
for one lot and four outlots to be known as Spirit Place at Brandtjen Farm (previously
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known as Spirit of Brandtjen Farm Commercial 3 Addition) to allow the construction
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of a PetSmart retail building, located south of 160 Street (CSAH 46) and west of
Elmhurst Lane.
Chris Moe, Vice President of Leasing & Development for HJ Development along with
Diana Rinck from PetSmart and Dan Pollastrini from Pope Architects presented an
overview of their request. Mr. Moe stated PetSmart will not have boarding of
animals or veterinary services with the initial opening of their business. He stated
they worked with City staff to come up with an architectural design to fit in better with
the Spirit of Brandtjen Farm PUD. Ms. Rinck explained why PetSmart is proposing
three signs for the building.
Planning Consultant Dan Licht presented the planning report. Mr. Licht stated that
SBF Development Corp. and HJ Development have submitted plans for Spirit Place
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of Brandtjen Farm, to be platted from Outlot B, SBF Commercial 1 Addition, which
consists of one lot and four outlots. Lot 1, Block 1 is proposed for development of an
18,000 square foot building for PetSmart. Retail stores are a permitted use in this
area of the Spirit of Brandtjen Farm PUD. He indicated that the proposed pet sales
and grooming areas are subject to the requirements of the Zoning Ordinance as a
condition of PUD development stage plan approval. Inclusion of veterinary services
in the future will require an amendment of the PUD development stage plan.
Interior setbacks in the PUD District are to be evaluated based on specific site
designs. The proposed principal building is setback 30 feet from the north plat line
and parking areas are setback a minimum of 15 feet from all public rights-of-way and
the shared east-west private drive along the south plat line.
Mr. Licht reviewed the vehicle access and shared drive aisle. The submitted site
plan illustrates 83 parking stalls within Lot 1, Block 1, which exceeds the 81 required
parking stalls per the Zoning Ordinance. An ingress/egress easement and shared
parking agreement is required for access and parking stalls within Lot 1, Block 1,
Outlot B, and Outlot C.
Planning Commission Meeting Minutes, June 16, 2016 Page 6
Mr. Licht reviewed the pedestrian access, building design, and landscaping. He
indicated that the submitted plans must be revised to include a five foot wide
sidewalk on the south side of the shared east-west private drive with construction
deferred until Outlot D is developed. In order to meet the standards intended for
Spirit of Brandtjen Farm, the building design will have columns spaced along each
elevation, parapet details, and use of five different colors for the various building
materials.
Mr. Licht stated that the plans illustrate one freestanding sign and wall signs on three
elevations of the proposed building. The proposed freestanding sign has an area
greater than 100 square feet, which is allowed by the Zoning Ordinance to be shared
by adjacent businesses and as part of the PUD development stage plan in lieu of
any other freestanding signs for the uses on Outlot B and Outlot C. Per the Zoning
Ordinance, one of the proposed signs on the east or north elevations of the principal
building, as well as the “Grooming” sign on the south elevation must be removed
from the submitted plans.
Mr. Licht stated that Planning Department staff recommends approval of the Spirit
Place at Brandtjen Farm preliminary plat, final plat, and PUD development stage
plan, subject to the 17 stipulations listed in the June 15, 2016 planning report.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Drotning, seconded by Kaluza to close the public hearing
at 6:58 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
Cross access agreements. Mr. Moe indicated that there will be a private
cross access and parking agreement in place for the Spirit Place
development.
Flexibility with signage as part of a PUD. Lengthy discussion was held
regarding the number and size of wall signs proposed for PetSmart. Mr.
Morey stated that the proposed wall sign on the east elevation has limited
value due to limited visibility when a building is constructed with the future
platting and development of Outlot B. In addition, he stated that PetSmart is
not a corner lot and therefore is not allowed by the Zoning Ordinance to have
three wall signs. The Planning Commission agreed with staff’s
recommendation to allow the one freestanding sign greater than 100 square
feet as part of the PUD development stage plan in lieu of any additional
freestanding signs being installed on Lot 1, Block 1, Outlot B, or Outlot C.
They also agreed that the developer needs to comply with the Zoning
Planning Commission Meeting Minutes, June 16, 2016 Page 7
Ordinance for the number and area of wall signs within Lot 1, Block 1. If
PetSmart would like to pursue wall signage above and beyond what is
allowed by the Zoning Ordinance, they should apply for an amendment to the
SBF PUD that would apply to all of the commercial areas in SBF.
Because the “Grooming” sign is a big component of their business, it was
suggested that PetSmart could utilize window signage as allowed by the
Zoning Ordinance.
Motion was made by Lillehei, seconded by Einck
to recommend to City Council
approval of the Spirit Place at Brandtjen Farm preliminary and final plat and PUD
development stage plans of one lot and four outlots to allow the construction of a
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PetSmart retail building located south of 160 Street (CSAH 46) and west of
Elmhurst Lane, subject to the following stipulations:
1. Operation of the proposed pet store use on Lot 1, Block 1 shall be subject to the
following conditions:
a. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties or tenants in the case of
multiple occupancy buildings.
b. Animal wastes are disposed of at least once each day via an existing
sanitary sewer system or enclosed in a container of sufficient construction
at least once a day to minimize odors.
c. The floors and walls of pet grooming areas are made of nonporous
materials or sealed concrete to make them nonporous.
d. All applicable requirements of the City Code regarding the keeping and
care of animals are satisfactorily met.
e. No commercial boarding or kenneling of animals shall be allowed.
f. The breeding of cats and dogs is prohibited.
g. All applicable provisions of Minnesota statutes sections 346.35 through
346.58 regarding the commercial keeping and care of animals are
satisfactorily met.
h. All animals to be sold are acquired from a licensed animal broker.
2. Allowance of veterinary services within the principal building on Lot 1, Block 1
shall require application for an amended PUD development stage plan and would
be subject to the applicable performance standards for such uses as allowed
within the C-3 District.
3. Future development of Outlot B, Outlot C, and Outlot D shall require
application(s) for PUD Development Stage Plan approval.
4. The site plan shall be revised to illustrate turning movements for access to Lot 1,
Block 1 to show adequate access for semi-trucks and/or delivery vehicles.
5. The developer shall record an ingress/egress and shared parking easement over
Lot 1, Block 1, Outlot A, Outlot B, and Outlot C with the final plat.
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6. The developer shall grade for the trail along 160 Street (CSAH 46) and escrow
funds for use by the City for future construction of the trail surface.
7. The submitted plans shall be revised to provide a five foot wide sidewalk on the
south side of the shared east-west private drive with construction deferred until
Outlot D is developed.
8. The landscape plan shall be revised to:
Planning Commission Meeting Minutes, June 16, 2016 Page 8
a. Provide for a minimum of three boulevard trees planted along the north
side of the east-west shared driveway along the south lot line of Lot 1,
Block 1.
b. Plant tall-growing evergreen shrubs along the east wall of the principal
building.
9. The freestanding sign to be constructed within Lot 1, Block 1 as shown on the
submitted plans shall be allowed in lieu of any additional freestanding signs being
installed on Lot 1, Block 1, Outlot B, or Outlot C.
10. The number and area of all wall signs within Lot 1, Block 1 shall comply with
Section 11-23-19.E.1.b of the Zoning Ordinance.
11. The lighting plan shall be revised to specify that the freestanding light sources
comply with the 35 foot limit established by Section 11-16-17.C of the Zoning
Ordinance.
12. The trash enclosure shall be constructed of the same brick material as the
principal building and shall comply with the requirements of Section 11-18-11 of
the Zoning Ordinance, subject to review and approval of the Zoning
Administrator.
13. The developer shall satisfy park dedication requirements as a cash fee in lieu of
land of $10,908 for commercial uses in accordance with the SBF Master PUD
Agreement.
14. All utility plans are subject to review and approval of the City Engineer.
15. All grading, drainage, and erosion control plans are subject to review and
approval of the City Engineer.
16. All easements shall be subject to review and approval of the City Engineer.
17. The developer shall execute a development agreement prior to City Council
consideration of the final plat, subject to review of the City Attorney and approval
of the City Council.
Ayes: Swenson, Reuvers, Kaluza, Drotning, Einck, Lillehei
Nays: 0
There being no further business, the meeting was adjourned at 7:31 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary