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HomeMy WebLinkAboutItem 03 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES June 1, 2017 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 Pat Kaluza, Brooks Lillehei, Karl Drotning, Elizabeth Bakewicz, Jason Kelvie, Ex-officio Member Mike Lamm Commissioner Reuvers arrived immediately after roll call. Members Absent: Scott Einck Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Matt Decur, Project Engineer; Daniel Licht, The Planning Company; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The May 4, 2017 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey reminded the Planning Commission members that the June 15 meeting has been rescheduled to June 29th and the July 6th meeting has been cancelled. 5. Clint and Kari Juffer Chair Swenson opened the public hearing to consider the application of Clint and Kari Juffer for a vacation of public street right-of-way (Beach Avenue) located south of and adjacent to Block 25, Lenihan’s Lots Antlers Park and north of and adjacent to Block 27, Lenihan’s Lots Antlers Park. Clint and Kari Juffer presented an overview of their project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the Juffers purchased 2 separate parcels of which they would like to combine and construct a new single family home. They are requesting the vacation of part of an existing, platted road right-of-way to allow this to happen. Despite the malfunction of the document presentation camera, Mr. Dempsey reviewed the existing conditions of the subject property. The proposed right-of-way vacation of Beach Avenue would be a means of eliminating the non-conforming condition of the landlocked Block 27. This lot is currently not accessible to a public street and is too small in area and depth to meet Zoning Ordinance requirements for development. Planning Commission Meeting Minutes, June 1, 2017 Page 2 Mr. Dempsey indicated that because the City installed a public storm sewer line within the east portion of the Beach Avenue right-of-way as part of the Jersey Avenue roadway improvement project, the future driveway for the Juffer property must not cross the storm sewer pipe and must maintain a minimum of a 10 foot setback from the centerline of the storm sewer pipe located in the Beach Avenue right-of-way. Mr. Dempsey stated that the portion of the platted Beach Avenue right-of-way proposed to be vacated ends at the lake shore and was never improved as a public road. Mr. Dempsey stated that all utility companies with a potential interest in the right-of- way vacation were notified and none had expressed concerns. Mr. Dempsey stated that staff recommends approval of the Beach Avenue right-of- way vacation subject to the four stipulations listed in the May 26, 2017 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 Kelvie to close the public hearing at 6:09 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. The Planning Commission expressed support of this vacation request. Motion was made by Drotning, seconded by Kelvie to recommend to City Council approval of the Beach Avenue right-of-way vacation subject to the following stipulations: 1. Prior to issuance of a building permit, the Zoning Administrator shall issue and record a Zoning Lot Letter combining Blocks 25 and 27 and the vacated right-of- way for permanent combination of the two parcels. 2. Prior to issuance of a building permit, Blocks 25 and 27 shall be combined into a single parcel through Dakota County in conjunction with the recording of the right- of-way vacation resolution. 3. Prior to the issuance of a building permit, a public drainage and utility easement shall be dedicated to the City as shown on the easement exhibit. 4. The future driveway for the Juffer property must not cross and must remain a minimum of 10 feet from the centerline of the storm sewer pipe in the Beach Avenue right-of-way. Ayes: Kelvie, Bakewicz, Lillehei, Swenson, Kaluza, Reuvers, Drotning Nays: 0 Planning Commission Meeting Minutes, June 1, 2017 Page 3 6:09 Took a break due to the malfunction of the document presentation camera 6:17 Reconvened (the document presentation camera remained inoperable) 6. Mike Barnett Chair Swenson opened the public hearing to consider the application of Mike Barnett for a conditional use permit (CUP) to allow an addition to an existing non-conforming single family home in the Lake Marion Shoreland Overlay District, located at 20068 Italy Avenue. Mike Barnett presented an overview of his request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Mr. Barnett’s existing house has a non-conforming setback from the northerly side yard property line. The Zoning Ordinance allows additions and expansions to non-conforming structures in the Shoreland Overlay District subject to the approval of a CUP provided the addition meets all setback, height, and other requirements of the Zoning Ordinance and any existing non-conformities are removed where possible. He stated that Mr. Barnett is proposing to construct a 280 square foot tuck-under garage, 400 square feet of living area above the garage that will be accessed from inside the house, and a 144 square foot deck on the west side of the house. An existing porch will be removed from the south side of the house. Mr. Dempsey identified the non-conformities and how these will be eliminated or reduced, which are listed in the May 26, 2017 planning report. The impervious surface area is below the maximum of 25% allowed in the Shoreland Overlay District. Mr. Dempsey stated that staff recommends approval of the CUP and adoption of the Findings of Fact dated June 1, 2017, subject to the six stipulations listed in the May 26, 2017 planning report. Chair Swenson opened the hearing to the public for comment. Jill Lawrence, 9715 – 201st Street Ms. Lawrence indicated that approximately half of the twelve homes on this block are rentals due to the fact that they are small homes on non-conforming lots that cannot really be expanded. She said this lot has been an eye sore for many years so it will be nice to see an improvement. She wanted to lend her support for this project and hoped that it will be approved. Dawn Krippner, 9755 – 201st Street Ms. Krippner supports this proposal and encouraged the City to approve it. Planning Commission Meeting Minutes, June 1, 2017 Page 4 Motion was made by Kelvie, seconded by Drotning to close the public hearing at 6:25 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 it was nice to see the neighbors coming out to support this project. • Many of these older properties around the lakes are non-conforming with very little area to expand. Revitalization is good to see with these smaller non- conforming lots. Motion was made by Lillehei, seconded by Kelvie to recommend to City Council approval of the Mike Barnett conditional use permit to allow an addition to an existing non-conforming single family home in the Lake Marion Shoreland Overlay District, located at 20068 Italy Avenue, and adoption of the Findings of Fact dated June 1, 2017 subject to the following stipulations: 1. A financial security of $2,000 shall be submitted prior to the issuance of a building permit to guarantee the following: a. Removal or relocation of the existing accessory building from the property. If the accessory structure is relocated, a zoning permit must be approved by Planning Department staff. b. Removal of the existing driveway from the property. c. Placement of the overhead utility lines underground from the utility pole to the house. 2. The new driveway shall be surfaced with concrete, paver bricks, or bituminous material. 3. The exterior materials and color for the addition shall match those of the existing house. 4. The impervious surface area shall not exceed 25% of the lot area. 5. A building permit shall be required prior to commencing any construction on the property. 6. Construction shall include erosion control measures and ground cover restoration in compliance with Zoning Ordinance requirements. Ayes: Bakewicz, Lillehei, Swenson, Kaluza, Reuvers, Drotning, Kelvie Nays: 0 7. Hypointe Childcare, LLC Chair Swenson opened the public hearing to consider the application of Hypointe Childcare, LLC for a conditional use permit amendment to allow a child day care facility, located at 8755 Upper 208th Street. Planning Commission Meeting Minutes, June 1, 2017 Page 5 Tricia DeMarais and Jennifer Orth from Hypointe Childcare, LLC presented an overview of their request. They have a combined 30 years of daycare experience. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that representatives of Hypointe Child Care, LLC have applied for a CUP amendment to allow a child daycare facility in a building currently occupied by ISD 194 for the Community Education office and classroom space, located at 8755 Upper 208th Street. Mr. Dempsey reviewed the existing improvements in the building that meet the requirements for a daycare facility, including an outdoor play area, parking spaces, and loading area. He also indicated days and hours, and signage. He stated that a gated trash enclosure will be required per Zoning Ordinance requirements. Mr. Dempsey stated that staff recommends approval of the CUP amendment and adoption of the Findings of Fact dated June 1, 2017, subject to the five stipulations listed in the May 26, 2017 planning report Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Kelvie, seconded by Drotning to close the public hearing at 6:35 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion points included: • Asked for clarification of how much of the building will be used for the day care. • The Planning Commission agreed that this building would be an excellent facility to use as a day care. Motion was made by Bakewicz, seconded by Reuvers to recommend to City Council approval of the Hypointe Childcare, LLC conditional use permit amendment to allow a child day care facility, located at 8755 Upper 208th Street, and adoption of the Findings of Fact dated June 1, 2017, subject to the following: 1. All permits and requirements of the Minnesota Department of Human Services shall be met prior to occupancy of the child daycare facility. 2. Licensed occupancy for the child daycare facility shall not exceed 107 children. 3. A building permit is required prior to commencing any construction or remodeling work. 4. A trash and recycling container enclosure shall be constructed to enclose the outdoor stored containers in compliance with Zoning Ordinance requirements. 5. A permit shall be obtained prior to the installation of any permanent or temporary signage. Planning Commission Meeting Minutes, June 1, 2017 Page 6 Ayes: Lillehei, Swenson, Kaluza, Reuvers, Drotning, Kelvie, Bakewicz Nays: 0 8. Shaffer Holdings, LLC (Bass Flexible Packaging) Chair Swenson opened the public hearing to consider the application of Shaffer Holdings, LLC for a conditional use permit to allow impervious surface area greater than 25% in the Shoreland Overlay District of a South Creek tributary stream in the I- 1, Light Industrial District. Jim Connelly from APPRO Development and Andrew Shaffer from Shaffer Holdings, LLC were in attendance at tonight’s meeting. Mr. Connelly presented an overview of the request. He stated that APPRO Development constructed the original building in 2006 and maximized the useable area on the site with the intention of future expansion of the building. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that representatives from Shaffer Holdings, LLC have submitted an application for a CUP to allow the construction of an addition to the Bass Flexible Packaging building including expansion of the parking lot on the property located at 8371 – 213th Street. Their project will increase the impervious surface area to 42.6%, which exceeds the 25% impervious surface area allowed per the Zoning Ordinance. Mr. Dempsey reviewed the requirements which must be met to exceed the 25% impervious surface area by conditional use permit in the I-1, Light Industrial District, which are listed in the May 26, 2017 planning report. Mr. Dempsey stated that the proposed building setback, parking, driveway access, and exterior building finish all meet Zoning Ordinance requirements. Mr. Dempsey stated that staff recommends approval of the CUP and adoption of the Findings of Fact dated June 1, 2017, subject to the three stipulations listed in the May 26, 2017 planning report. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Kelvie, seconded by Reuvers to close the public hearing at 6:45 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion points included: • Commissioner Drotning asked for clarification on which way the drainage goes on the lot. Mr. Connelly stated that roof drainage goes to the east. The parking Planning Commission Meeting Minutes, June 1, 2017 Page 7 lot drainage comes around the dock and then actually goes to the north side of the building. Both areas send drainage to the infiltration basin. The Vermillion River, which is a DNR protected trout stream, is the reason why the South Creek tributary is subject to Shoreland Overlay District requirements, including impervious surface area restrictions. Mr. Connelly indicated that the on-site stormwater basin has been working very well to infiltrate stormwater before it reaches the South Creek. • Chair Swenson stated that the stormwater basin works well and meets the City’s requirements. He was glad to see the foresight about future expansion on this lot. Motion was made by Kaluza, seconded by Reuvers to recommend to City Council approval of the Shaffer Holdings, LLC request for a conditional use permit for impervious surface area greater than 25% and adoption of the Findings of Fact dated June 1, 2017, subject to the following: 1. The site shall be developed in accordance with the recommendations listed in the May 24, 2017 Engineering Division memorandum attached to the planning report. 2. The site shall be completed according to the site plan and building exterior plan approved with the conditional use permit by the City Council. 3. A building permit shall be issued by the City prior to commencing construction of the addition. Ayes: Swenson, Kaluza, Reuvers, Drotning, Kelvie, Bakewicz, Lillehei Nays: 0 9. JAS Lakeville Properties, LLC (Schneiderman’s Furniture) Chair Swenson opened the public hearing to consider the application of JAS Lakeville Properties, LLC for an amendment to Title 11 (the Zoning Ordinance), Section 23- 15.T of the City Code concerning changeable copy signs. Jeff Mertens from OPUS and Jason Schneiderman were in attendance at tonight’s meeting. Mr. Schneiderman presented an overview of the request. He indicated that his objective with this Zoning Ordinance amendment application was to have a digital sign that allows him to change the message once every 24 hours. Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that the applicant is requesting an amendment to the Zoning Ordinance to allow for a freestanding sign with electronic changeable graphic display for properties within the Freeway Corridor District and an amendment of the City Code regulating the change of display of the sign to once every 24 hours. Mr. Licht stated that the Zoning Ordinance establishes physical design and location standards for dynamic display signs while the City Code regulates operation of dynamic display signs. He explained that the dynamic display would be the primary element of the freestanding Schneiderman’s Furniture sign. The property owner is proposing that the display would not change more than once every 24 hours, allowing Planning Commission Meeting Minutes, June 1, 2017 Page 8 Schneiderman’s Furniture flexibility to change the display to suit their business activities on a short-term basis. The proposed amendment would be applicable to all single occupancy buildings with a gross floor area of 100,000 square feet or larger on C-2 and C-3 District zoned properties within the Freeway Corridor District allowing for a dynamic display sign up to 120 square feet in area and 20 feet in height. Change of display would be limited to once every 24 hours, but all other operational performance standards established by the City Code would continue to apply. Mr. Licht reviewed the design, size and display of the proposed sign, as explained in the May 24, 2017 planning report. Mr. Licht indicated that consideration of the proposed Zoning Ordinance amendment will require the Planning Commission to consider possible effects of the proposed amendment, which are listed in the May 24, 2017 planning report along with comments for each possible effect. Mr. Licht stated that staff recommends approval of the Zoning Ordinance amendment, as presented. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Kelvie, 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: • The Planning Commission complimented Mr. Schneiderman on how he followed procedure for the proposed sign, including working with City staff, attending a Planning Commission work session, discussing options with staff after hearing that the Planning Commission did not support a variance for the proposed electronic sign. • Agreed that it made sense to allow businesses to take advantage of the current dynamic display sign technology. Felt the proposed rate of change was appropriate for safety reasons in the Freeway Corridor District. • Commission Lillehei recognized Mr. Schneiderman for the good-looking building they constructed and thought it was a nice improvement around Lee Lake. Motion was made by Lillehei, seconded by Reuvers to recommend to City Council approval of the amendment to Title 11 (the Zoning Ordinance), Section 23-15.T of the City Code concerning changeable copy signs, as presented. Ayes: Kaluza, Reuvers, Drotning, Kelvie, Bakewicz, Lillehei, Swenson Planning Commission Meeting Minutes, June 1, 2017 Page 9 Nays: 0 Commissioner Lillehei recognized Brent Jones, the City of Lakeville’s new Planning Assistant/Code Enforcement Technician, in attendance at tonight’s meeting and welcomed him. There being no further business, the meeting was adjourned at 7:04 p.m. Respectfully submitted, Penny Brevig, Recording Secretary