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HomeMy WebLinkAboutItem 03 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES June 29, 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, Scott Einck, Jason Kelvie, Ex-officio Member Mike Lamm Commissioner Reuvers arrived immediately following roll call. Members Absent: None Others Present: Daryl Morey, Planning Director; Kris Jenson, Associate Planner; Brent Jones, Planning Assistant/Code Enforcement Technician; Alex Jordan, Senior Project Engineer; Daniel Licht, The Planning Company; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The June 1, 2017 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey reminded the Planning Commission and the public that the July 6th Planning Commission meeting has been cancelled. The next meeting is scheduled for July 20th and will include a work session. 5. Veterans Plaza LLC Chair Swenson opened the public hearing to consider the application of Veterans Plaza LLC for the vacation of a public alley, located west of Holyoke Avenue between Upper 208th Street and 209th Street. Quenton Scherer with Veterans Plaza, LLC presented an overview of their request. Mr. Scherer stated that the subject parking lot serves three businesses. He indicated that the parking lot is in disrepair and with this alley vacation they would be able to regrade, resurface and restripe the entire parking lot. Planning Assistant Brent Jones presented the planning report. Mr. Jones stated that Veterans Plaza LLC has submitted an application for the vacation of an alley that was dedicated in 1869. The platted alley is south of Upper 208th Street, west of Holyoke Avenue, north of 209th Street, and east of Howland Avenue. The alley is directly east of Lots 1-4 and directly west of Lots 5-11 in Block 10 of the Town of Fairfield plat. He indicated that a public drainage and utility easement will replace the vacated alley. Mr. Jones stated that the applicant owns all the private properties adjacent to the alley and would like to incorporate the area into a privately-owned common parking lot. Planning Commission Meeting Minutes, June 29, 2017 Page 2 All utility companies with a potential interest in the alley vacation have been notified. Xcel Energy indicated that because there are electric utility structures within the existing right-of-way, they approve the request to vacate the alley, provided a public drainage and utility easement is dedicated to replace the vacated right-of-way. Mr. Jones stated that staff recommends approval of the alley vacation subject to the establishment of a public drainage and utility easement. Commissioner Lillehei had contacted staff earlier today and would like to recommend a stipulation to also include a private shared driveway access agreement. 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 6:06 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Mr. Scherer stated that there is already a cross parking agreement in place. The Planning Commission expressed support of this alley vacation request and the recommendation of the cross parking agreement to make it absolutely clear there would continue to be access to the adjacent properties following the alley vacation. Motion was made by Lillehei, seconded by Drotning to recommend to City Council approval of the vacation of the platted alley in Block 10, Village of Lakeville (Town of Fairfield), located west of Holyoke Avenue between Upper 208th Street and 209th Street, subject to establishment of a drainage and utility easement and a cross parking agreement. Ayes: Kelvie, Einck, Lillehei, Swenson, Kaluza, Reuvers, Drotning Nays: 0 6. Glenn Klotz Chair Swenson opened the public hearing to consider the application of Glenn Klotz for a conditional use permit to allow the construction of a single family home on a non- conforming unsewered 1.29 acre lot, located west of Judicial Road and south of the Lakeville/Burnsville city limits. Glenn Klotz and Mike Rongitsch were in attendance at tonight’s meeting. Mr. Rongitsch presented an overview of the request. Planning Commission Meeting Minutes, June 29, 2017 Page 3 Assistant Planner Brent Jones presented the planning report. Mr. Jones stated that Glenn Klotz has submitted an application and plans for a CUP to construct a single family dwelling on a legal, non-conforming, vacant parcel located in the RA, Rural/Agricultural District that is not served with City sanitary sewer. The City Council approved an ordinance amendment on May 15, 2017 that allowed non-conforming parcels that existed before January 1, 1984 to be developed for single family dwellings upon approval of a CUP. Mr. Jones reviewed the history of the lot and surrounding area, along with the effects of the proposed use based upon the five factors listed in the June 21, 2017 planning report. The CUP requires that the use meet the general performance standards listed in the Zoning Ordinance. Mr. Jones stated that staff recommends approval of the CUP and adoption of the Findings of Fact dated June 29, 2017, subject to the three stipulations listed in the June 21, 2017 planning report. Chair Swenson opened the hearing to the public for comment. Daniel Callahan, 15715 Judicial Road, Burnsville Mr. Callahan made the following comments: • That the Klotz request is not consistent with the “1977 agreement” that there would be no more subdivisions under 10 acres. • Contends that there is not enough room on this lot to install and maintain a septic system due to the narrow width of the lot and the proposed retaining wall. • Mr. Callahan implied that Mr. Klotz was getting “special treatment in a questionable way”. • Mr. Callahan accused staff, Chair Swenson and Commissioner Drotning of making statements “smearing Lakeville’s forefathers” after the April 21, 2016 Planning Commission public hearing on Mr. Klotz’s variance application. Mr. Morey interrupted Mr. Callahan as his accusatory statements are not germane to the application being considered at this public hearing. Mr. Callahan continued by stating that Commission Drotning owes an apology to the Mako and Zaun families, whereby Chair Swenson informed him that these types of comments are not allowed. Mr. Morey pointed out that the retaining wall Mr. Callahan referred to on the survey (Exhibit C of the June 21, 2017 planning report) was actually silt fence. Dave Delmonico, 16031 Judicial Road Mr. Delmonico made the following comments: • There are five properties that surround Mr. Klotz’s property within 800-1000 feet. Not once did Mr. Klotz mention his proposed plans to these neighbors. • Concerned about potential well contamination due to “squeezing in” another house with a septic system in this area. Planning Commission Meeting Minutes, June 29, 2017 Page 4 Motion was made by Kelvie, seconded by Reuvers to close the public hearing at 6:34 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson stated that he was very disappointed with the remarks from Mr. Callahan. He stated that he did not make any such comments at the April 21, 2016 Planning Commission meeting as accused by Mr. Callahan. Chair Swenson asked for comments from the Planning Commission. Discussion points included: • Clarified that Exhibit C is only a concept plan of where the house could be located on the lot. • The dotted line which Mr. Callahan referred to as a retaining wall is actually a silt fence. The retaining wall is not near the side property lines. • Mr. Rongitsch explained how the septic system on this lot could be maintained. • Discussed the topography on the lot. The slope behind the proposed garage is 4:1; City Code allows slopes up to 3:1. • The Planning Commission recommended adding a stipulation that requires reasonable access to the septic system. • The proposed septic system will have to meet building codes and must be approved by the City’s Plumbing Inspector. A house could not be built on this lot without the approval of the Plumbing Inspector. • Mr. Morey clarified that after the discussion that occurred last year at the Klotz variance public hearing, the City’s planning consultant reviewed the historical files and determined that the requirement regarding minimum lot size for unsewered parcels was a growth management tool as directed by the recently approved Comprehensive Plan update at that time. • With the additional stipulation, the Planning Commission is comfortable with recommending approval of this CUP. Motion was made by Lillehei, seconded by Reuvers to recommend to City Council approval of the Glenn Klotz conditional use permit to allow the construction of a single family home on a non-conforming unsewered 1.29 acre lot, located west of Judicial Road and south of the Lakeville/Burnsville city limits, and adoption of the Findings of Fact dated June 29, 2017 subject to the following stipulations, as amended: 1. The private sanitary sewer design and private well must comply with code requirements and is subject to approval by the Building Inspections Department. 2. A building permit shall be required prior to commencing any construction on the property. 3. The single family dwelling shall be in compliance with all setback requirements of the RA District. Planning Commission Meeting Minutes, June 29, 2017 Page 5 4. The location of the house shall provide sufficient side yard setback and grade to allow for access to the septic tank and drainfield for maintenance vehicles, subject to review and approval of the Building Official. Ayes: Einck, Lillehei, Swenson, Kaluza, Reuvers, Drotning, Kelvie Nays: 0 7. Cedar and Dodd Retail Addition Chair Swenson opened the public hearing to consider the application of Hy-Vee, Inc. for the following, located east of Cedar Avenue (CSAH 23), north of Dodd Boulevard (CSAH 9), and south of Glacier Way: A. Preliminary plat of four commercial lots and final plat of two commercial lots to be known as Cedar and Dodd Retail Addition B. Conditional use permit for a convenience food use with a drive-through window and motor vehicle fuel sales C. Vacation of a public roadway, drainage and utility easement Phil Hoey with Hy-Vee and Mike Brandt from Kimley Horn were in attendance at tonight’s meeting. Mr. Hoey presented an overview of their request. He stated that this convenience store would be larger than most, heavy on the fresh produce and prepared healthy foods. Customers would be able to order groceries on line for pick up at this location. There will also be a national brand coffee shop located in the building. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that Hy-Vee, Inc. has submitted applications for a preliminary and final plat, CUP and easement vacation, which includes a preliminary plat of four commercial lots and one outlot, a final plat of two commercial lots and two outlots, a CUP for Lot 1, Block 1 for a gas station convenience store and a coffee shop drive-through, and the vacation of a roadway, drainage and utility easement. A Hy-Vee gas and convenience store and a two-story medical office building are currently proposed to be constructed on the site with the remaining area available for future commercial development. Regarding the CUP application, Ms. Jenson stated that a CUP is required for the proposed development to allow a convenience food use with a drive-through window and motor vehicle fuel sales. She reviewed the criteria for each of these conditional uses, which are listed in the June 22, 2017 planning report. Ms. Jenson stated that in conjunction with the preliminary and final plat, a roadway, drainage and utility easement is proposed to be vacated and replaced with dedicated right-of-way for Glacier Way. Ms. Jenson stated that staff recommends approval of the Cedar and Dodd Retail Addition preliminary plat, conditional use permit and easement vacation, and adoption of the findings of fact dated June 29, 2017, subject to the 16 stipulations listed in the June 22, 2017 planning report Planning Commission Meeting Minutes, June 29, 2017 Page 6 Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Kelvie, seconded by Einck to close the public hearing at 7:03 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion points included: • Commissioner Lillehei indicated that he was fine with the proposed office building but was currently uncomfortable making a recommendation on the convenience store because the exterior building materials have not been finalized. He stressed to Mr. Hoey that the public hearing is the opportunity for the public to be made aware of the proposed development and be assured that it is in compliance with City ordinance requirements. • Mr. Hoey requested the ability to install bollards in front of the convenience store as opposed to a six inch raised concrete curb. After discussion, the Planning Commission agreed to amend Stipulation 12 to include “or bollards” because this meets the intent of the Zoning Ordinance and is a viable option. • Access to the development and the installation of a traffic signal at Dodd Boulevard and Glacier Way in 2018 to improve traffic safety was discussed. • The Planning Commission agreed to add “Prior to City Council consideration” to stipulations 8 and 9. Motion was made by Lillehei, seconded by Drotning to recommend to City Council approval of the Cedar and Dodd Retail Addition preliminary plat of four commercial lots, conditional use permit for a convenience food use with a drive-through window and motor vehicle fuel sales, and vacation of a public roadway, drainage and utility easement, and adoption of the Findings of Fact dated June 29, 2017, subject to the following stipulations, as amended: 1. Implementation of the recommendations listed in the June 22, 2017 engineering memo. 2. The site and buildings on Lots 1 and 2 shall be developed consistent with the plans approved by the City Council. 3. Prior to release of the final plat mylars, the developer shall submit a cash escrow for the future signalization of Dodd Boulevard (CSAH 9) and Glacier Way. The amount of the cash escrow shall be $75,000 per the June 22, 2017 engineering memo. 4. Prior to City Council consideration of the final plat, comments from the City Forester must be addressed. Landscaping shall be installed according to the approved landscape plan. A financial security shall be submitted prior to release of the final plat mylars to guarantee installation of the landscaping. Planning Commission Meeting Minutes, June 29, 2017 Page 7 5. All signs shall comply with Zoning Ordinance requirements. A comprehensive sign plan shall be submitted for staff review prior to the issuance of any sign permits. A sign permit must be issued by the City prior to the installation of any signs. 6. Site and building lighting shall be installed consistent with a lighting plan and photometric plan approved with the building permit applications and in compliance with Zoning ordinance requirements. Parking lot lighting shall be down-cast cut- off type fixtures only. Building lighting shall be down-cast only as required by the zoning Ordinance. 7. Prior to City Council consideration, all building materials on Lots 1 and 2 shall meet the exterior building materials requirements of Section 11-17-9 of the Zoning Ordinance. 8. Prior to City Council consideration, the motor fuel canopy shall meet Zoning Ordinance requirements. 9. Drainage from all fueling areas shall be directed to an oil/grit separator in compliance with Zoning Ordinance requirements. 10. Outdoor sales and services shall only be allowed in compliance with Zoning Ordinance requirements. 11. A six inch concrete curb or bollards shall separate the sidewalk adjacent to the motor fuel convenience store from the parking lot. 12. Snow storage shall not occur within required parking spaces and shall not infringe upon vehicle site circulation or sight visibility. 13. The trash enclosure gates on Lot 1, Block 1 shall be constructed of durable maintenance free PVC vinyl or pre-finished metal. Trash and recyclables on Lot 2, Block 1 shall be stored inside the building. 14. Hours of operation for the convenience food use shall be limited to 5:00 AM to 11:00 PM. Any change beyond these hours of operation shall require an amendment to the conditional use permit. Ayes: Lillehei, Swenson, Kaluza, Reuvers, Drotning, Kelvie, Einck Nays: 0 8. Spirit of Brandtjen Farm Commercial 3rd Addition Chair Swenson opened the public hearing to consider the application of Thirty Eight Properties Lakeville, LLC for the following, located south of 160th Street (CSAH 46) and east of Pilot Knob Road (CSAH 31): A. Preliminary and final plat and PUD development stage plans of one lot to be known as Spirit of Brandtjen Farm Commercial 3rd Addition for a multiple tenant commercial building with a convenience food use with a drive-through service window B. Vacation of public drainage and utility easements Rick Plessner, Principal of Thirty Eight Properties presented an overview of the request. There will be a bank, health club, orthodontist and coffee shop included in this development and most of the leases have been signed. He feels it will be a nice compliment to the commercial development in this area. Planning Commission Meeting Minutes, June 29, 2017 Page 8 Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that Thirty Eight Properties Lakeville, LLC has submitted plans for Spirit of Brandtjen Farm Commercial (SBFC) 3rd Addition to be platted from Outlot A, SBFC 1st Addition. The proposed preliminary and final plat includes a multiple tenant retail building and a single occupancy medical office building on one lot, which is allowed subject to the conditions of the Zoning Ordinance, which Mr. Licht reviewed and are listed in the June 21, 2017 planning report. Mr. Licht indicated that the applications include vacation of an existing drainage and utility easement along the east lot line. This easement will be replaced by drainage and utility easements dedicated with the SBFC 3rd Addition final plat. Mr. Licht stated that staff recommends approval of the SBF Commercial 3rd Addition preliminary and final plat, PUD development stage plans, and easement vacation, subject to the nine stipulations listed in the June 21, 2017 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 Lillehei to close the public hearing at 7:38 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. They agreed that this project will fit nicely in the proposed location. Motion was made by Kaluza, seconded by Drotning to recommend to City Council approval of the Spirit of Brandtjen Farm Commercial 3rd Addition preliminary and final plat, PUD development stage plans for a multiple tenant commercial building with a convenience food use with a drive-through service window of one lot, and easement vacation, subject to the following stipulations: 1. Menu boards for each drive through tenant lane shall comply with Section 11-73- 7.G.11.c of the Zoning Ordinance. All signs require approval of a sign permit prior to installation, subject to approval of the Zoning Administrator. 2. Revise the curb island at the northeast corner of Building 2 to allow turning movements for service trucks exiting the drive through aisle, subject to review and approval of City staff. 3. All exterior lighting fixtures shall have a 90 degree horizontal cutoff and shall be limited to a height of 35 feet or less in compliance with Section 11-16-17 of the Zoning Ordinance. 4. An ingress/egress easement shall be recorded over the private drives overlying the east lot line and abutting the south lot line. 5. All utility plans are subject to review and approval of the City Engineer. 6. All grading, drainage, and erosion control plans are subject to review and approval of the City Engineer. Planning Commission Meeting Minutes, June 29, 2017 Page 9 7. All easements are subject to review and approval of the City Engineer. 8. The developer shall pay $10,044 as a cash fee in lieu of land for park dedication requirements in accordance with the SBF Master PUD Agreement. 9. The developer shall execute a development agreement drafted by the City Attorney prior to City Council approval of the final plat. Ayes: Swenson, Kaluza, Reuvers, Drotning, Kelvie, Einck, Lillehei Nays: 0 9. Spirit of Brandtjen Farm Commercial 4th Addition Chair Swenson opened the public hearing to consider the application of Steakburgers Minnesota for the following, located south of 160th Street (CSAH 46) and east of Pilot Knob Road (CSAH 31): A. Preliminary and final plat and PUD development stage plans of one lot to be known as Spirit of Brandtjen Farm Commercial 4th Addition for a convenience food use with a drive-through service window B. Vacation of public drainage and utility easements Brady Busselman from Sambatek and Paul Bruggeman, Director of Operations for Freddy’s were present at tonight’s meeting. Mr. Busselman presented an overview of the request. They have two franchises so far in Minnesota, one in Maple Grove and one in Savage. He distributed material regarding Freddy’s and described it as a fast, casual, 50’s style diner with a twist. Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that Steakburgers Minnesota has submitted plans for a convenience food use which requires consideration of applications for approval of a PUD Development Stage Plan, preliminary plat, final plat, and vacation of existing drainage and utility easements. Mr. Licht reviewed the performance standards for convenience food uses, which are described in detail in the June 21, 2017 planning report. Mr. Licht clarified that the proposed exterior building materials, including the materials that are not visible due to the awnings, meets Zoning Ordinance requirements. Mr. Licht stated that existing drainage and utility easements platted with SBFC 1st Addition will be vacated concurrent with the approval of the final plat. The easements will be replaced by drainage and utility easements dedicated with the SBFC 4th Addition final plat. Mr. Licht stated that staff recommends approval of the preliminary and final plat, PUD development stage plans, and easement vacation, subject to the 11 stipulations listed in the June 21, 2017 planning report. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Planning Commission Meeting Minutes, June 29, 2017 Page 10 Motion was made by Kelvie, seconded by Reuvers to close the public hearing at 7:50 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. They agreed that the site was well designed and they were glad to see flexibility for signage as part of the PUD development stage plans. Motion was made by Lillehei, seconded by Kelvie to recommend to City Council approval of the Spirit of Brandtjen Farm Commercial 4th Addition preliminary and final plat, PUD development stage plans of one lot for a convenience food use with a drive- through service window, and vacation of public drainage and utility easements, subject to the following stipulations: 1. The allowed hours of operation shall be 5:00 a.m. to 11:00 p.m. unless extended by approval of a PUD Development Stage Plan amendment. 2. The proposed building materials shall meet the requirements of Section 11-17- 9.D.1 of the Zoning Ordinance. 3. The architectural site plan shall be revised to be consistent with the civil plan set, which complies with the requirements of the Zoning Ordinance. 4. All exterior lighting fixtures shall have a 90 degree horizontal cutoff and shall be limited to a height of 35 feet or less in compliance with Section 11-16-17 of the Zoning Ordinance. 5. An ingress/egress and sidewalk easement shall be recorded over the private drive. 6. The PUD Development Stage Plan approval shall allow for installation of wall signs on three elevations as shown on the submitted plans in lieu of any freestanding signs (not including menu boards) on the subject site. 7. The developer shall pay a park fee in lieu of land dedication of $5,238. 8. All easements are subject to review and approval of the City Engineer. 9. All grading, drainage, and erosion control plans are subject to review and approval of the City Engineer. 10. All utility plans are subject to review and approval of the City Engineer. 11. The developer shall execute a development agreement drafted by the City Attorney prior to City Council approval of the final plat. Ayes: Kaluza, Reuvers, Drotning, Kelvie, Einck, Lillehei, Swenson Nays: 0 There being no further business, the meeting was adjourned at 7:54 p.m. Respectfully submitted, Penny Brevig, Recording Secretary