HomeMy WebLinkAboutItem 04
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
August 3, 2017
Vice Chair Kaluza 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: Vice Chair Pat Kaluza, Brooks Lillehei, Paul Reuvers, Scott Einck,
Jason Kelvie, Elizabeth Bakewicz, Ex-officio Member Mike Lamm
Members Absent: Chair Jason Swenson, Karl Drotning
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Matt Decur, Senior Project Engineer; and Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The July 20, 2017 Planning Commission meeting minutes were approved as
presented.
Commissioner Lillehei asked that the work session minutes reflect the following:
• Commissioner Kelvie excused himself from the meeting after the Peter Kenow
variance discussion
• Ex-officio member Mike Lamm was not in attendance at the work session
The July 20, 2017 Planning Commission work session minutes were approved as
amended.
4. Announcements
Mr. Morey stated that the following items were distributed at tonight’s meeting:
• August 2, 2017 Parks, Recreation and Natural Resources draft motions
regarding the Muller Family Theatre Second Addition and Bethlehem Baptist
Church preliminary and final plats
• E-mails from three residents regarding the Bethlehem Baptist Church agenda
item
• Amended Stipulation #4 for the Recycle Minnesota CUP
5. Muller Family Theatre Second Addition
Vice Chair Kaluza opened the public hearing to consider the application of Muller
Family Theatres Partnership for a preliminary and final plat of two lots to be known as
Muller Family Theatre Second Addition, located south of 205th Street and west of
Keokuk Avenue.
Planning Commission Meeting Minutes, August 3, 2017 Page 2
The applicant was not present at this time so Associate Planner Frank Dempsey
presented the planning report. Mr. Dempsey stated that Muller Family Theatre
Second Addition consists of applications for the preliminary and final plat of two lots
and a site plan review for the development of a proposed office building on one of the
lots. He stated Lots 1 and 2, Block 1, Muller Family Theatre Second Addition exceed
the minimum lot requirements in the C-3 District.
Mr. Dempsey stated that no new street construction is proposed with the subject plat.
There is currently no trail located on the south side of 205th Street. An eight foot wide
concrete sidewalk is located on the west side of Keokuk Avenue. Mr. Dempsey
indicated that trail construction was to occur at the time of 205th Street urbanization or
when the trail segments were constructed following the development of the adjacent
properties. The trail must now be constructed in conjunction with the Muller Family
Theatre Second Addition plat, which is located adjacent to 205th Street.
Mr. Dempsey commented that the access to the sites will continue to be from existing
driveways on 205th Street and that a new driveway is proposed from Keokuk Avenue
to serve the new office building.
Regarding the site plan, Mr. Dempsey stated that the proposed office building and
parking lot meet the C-3 District setback requirements. Both the theater and the office
building meet the Zoning Ordinance requirement for number of parking spaces. A
shared parking agreement should be in place between the two properties if the two
uses plan to share parking.
Mr. Dempsey stated that staff recommends approval of the preliminary and final plat
subject to the four stipulations listed in the July 27, 2017 planning report.
Vice Chair Kaluza opened the hearing to the public for comment.
Mike Herald, 20790 Junco Ct.
Mr. Herald stated that he was representing the Morgan Square Townhouse
Association. The association’s main concern was the gap in the existing path along
205th Street adjacent to the movie theater property. He is glad to hear that the missing
segment of this path will be constructed with this development.
Dale Haider, representing the developer, arrived and indicated that the extra parking
spaces from the reduction in seats with the remodeling of the movie theater is the
main reason they decided to subdivide the lot.
Motion was made by Kelvie, seconded by Einck to close the public hearing at
6:12 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Vice Chair Kaluza asked for comments from the Planning Commission. Discussion
points included:
Planning Commission Meeting Minutes, August 3, 2017 Page 3
• Commissioner Lillehei wanted clarification about the cross parking
agreement between the movie theater lot and the future office building lot.
Mr. Haider stated that a cross access and parking easement will be put in
place.
Motion was made by Lillehei, seconded by Kelvie to recommend to City Council
approval of the Muller Family Theatre Second Addition preliminary and final plat of
two lots, located south of 205th Street and west of Keokuk Avenue, subject to the
following stipulations:
1. Implementation of the recommendations listed in the July 26, 2017 engineering
report.
2. A site plan shall be submitted for staff review in conjunction with a building permit
for Lot 2.
3. The site shall be developed consistent with the approved preliminary and final plat
plans.
4. An agreement for shared driveway access and cross parking shall remain in full
force and effect at all times for Lots 1 and 2, Block 1, Muller Theatre Second
Addition.
Ayes: Kelvie, Einck, Lillehei, Kaluza, Reuvers, Bakewicz
Nays: 0
6. Bethlehem Baptist Church Addition
Vice Chair Kaluza opened the public hearing to consider the application of Bethlehem
Baptist Church for the following, located east of Kenrick Avenue and south of 205th
Street: A. Preliminary and final plat of one lot and one outlot to be known as
Bethlehem Baptist Church Addition; B. Conditional use permit to allow: a) a religious
institution in the C-3, General Commercial District; b) building height greater than 35
feet; and c) an exception to the exterior building material requirements for an
institutional use.
Chuck Steddom and John Hendricks from Bethlehem Baptist Church, James Burton
from Lambert Architects, and Norm Schroeder from Anderson Companies were in
attendance at tonight’s meeting. Pastor Steddom presented a history and overview of
the request. He indicated that in 2012 the church moved to Lakeville and holds
worship services at Lakeville South High School. Their congregation in Lakeville is
about 550 people and they have 4,000 members among all their campuses throughout
the Twin Cities area. He stated that they want to maximize the space in this proposed
new building with an education wing, multi-purpose gymnasium, and community and
outreach center.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated preliminary and final plat and conditional use permit (CUP) applications have
been submitted for the development of a church in the C-3, General Commercial
District with a building height greater than 35 feet. He indicated that the subject
property includes two separate parcels, one of which is a 15 foot wide strip of land
Planning Commission Meeting Minutes, August 3, 2017 Page 4
owned by the City of Lakeville that the City has agreed to sell to the church as part of
this project. The plans propose a 664-seat sanctuary church, administrative offices,
nursery, classrooms and a gymnasium. Future plans propose a possible 300 seat
balcony for a total of 964 seats in the sanctuary.
Mr. Dempsey reviewed the existing conditions of the property along with adjacent land
uses, zoning, and the City property transfer. He indicated that the proposed
preliminary and final plat exceeds the Zoning Ordinance requirements for minimum lot
size in the C-3 District .
Mr. Dempsey reviewed the site plan. He indicated that the Bethlehem Baptist Church
preliminary and final plat and site plan meets the C-3 District setback requirements.
The tree preservation plan is proposing to save 42 of the 457 significant trees, which
are primarily cottonwood, box elder, and aspen and are located primarily in the
building and grading areas of the property. Mr. Dempsey stated that one wetland is
located within the preliminary and final plat. The wetland has been delineated and
incorporated into the preliminary and final plat plans. The wetland and wetland buffer
will be located within Outlot A to be deeded to the City.
Mr. Dempsey reviewed the landscape plan. The row of existing spruce trees near the
east property line must be removed as they are in the location of the proposed parking
lot east of the church. A double row of arborvitae (cedar) shrubs are proposed to
provide screening of the parking lot from the single family homes to the east.
Mr. Dempsey reviewed the CUP criteria for allowing religious institutions in the C-3
District, the height of the church building and cross, and the exterior building materials,
which are listed in the July 27, 2017 planning report. He indicated that the Zoning
Ordinance requires institutional buildings to provide a minimum of 65% Grade A
materials, but allows exceptions to these provisions by conditional use permit.
A sample of the proposed precast brick exterior building material, which the Zoning
Ordinance designates as a Grade B material, was exhibited at the meeting. Mr. Burton
and Mr. Schroeder explained why they felt that their proposed exterior material is a
good quality product and should be allowed. He showed other buildings in the Twin
Cities area with the same precast brick product. They stated that this product is
environmentally safe due to the acid washing that takes place at the plant, not on site.
This product allows faster construction because there is no cutting of brick on site,
which also cuts down on dust during construction.
Mr. Dempsey stated that staff recommends approval of the preliminary and final plat
and CUP, and adoption of the Findings of Fact dated August 3, 2017, subject to the
eight stipulations listed in the July 27, 2017 planning report.
The e-mails that were received by staff and distributed at tonight’s meeting to the
Planning Commission primarily raised concerns about tree removal and screening
between the church and the adjacent residential uses.
Vice Chair Kaluza opened the hearing to the public for comment.
Planning Commission Meeting Minutes, August 3, 2017 Page 5
The following people spoke at tonight’s meeting:
Jeanne Carlson, 20610 Kaiser Circle
Victoria Pochman-LaCourse, 20605 Kaiser Circle
Stan Tessmer, 17945 Jacquard Path
Mark Langridge, 20635 Kaiser Way
Tom and Deen Igou, 20655 Kaiser Court
Kenneth Redler, 20665 Jaguar Avenue
Joe Dennis, 2905 Foxpoint Road, Burnsville
Joe Eykyn, 20697 Kaiser Way
Mark Swenson, 20617 Kaiser Court
John Hendricks, member of the building committee with Bethlehem Baptist Church
Curtis Fisher, 20610 Kaiser Circle
Sam Crabtree, Executive Pastor of Bethlehem Baptist Church when the subject
property was acquired
The comments from the public hearing were as follows:
Very concerned about the removal of trees on the church property
Decrease in value of their homes due to the tree removal and parking lot
construction
Noise from the freeway
Told by their builder that the trees on the church property was a preservation
area
Hoped that a compromise could be reached regarding the amount of parking
that is proposed so that fewer trees would have to be removed
Asked if an Environmental Impact Study had been done
Wanted to work with the church and the City to preserve the trees
Suggested an extra buffer or adding a noise wall
The stormwater ponds in the Enclave at St. Frances Woods development were
not constructed properly and they expressed concern that this development will
make things worse
Where will the stormwater runoff from the parking lot go?
If the church removes trees, they should have to replace trees
Afraid that the large parking lot would bring crime to their neighborhood
Do the trees need to be removed at the beginning of construction or when the
church expands
People spoke highly of the church and felt they would be an asset to the City
of Lakeville
A land swap with the adjacent Terra Products property was suggested to
accommodate the future parking area. Having the church hold multiple
services to reduce parking demand was also suggested.
Motion was made by Kelvie, seconded by Reuvers to close the public hearing
at 7:42 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Planning Commission Meeting Minutes, August 3, 2017 Page 6
Recessed at 7:43 p.m.
Reconvened at 7:53 p.m.
Vice Chair Kaluza asked staff to address the neighbors’ concerns. Mr. Morey’s
comments were:
• The original St. Frances Wood preliminary plat included only townhomes,
which was the intended transition between the C-3 District properties along
Kenrick Avenue and the single family neighborhood to the east. Due to the
housing downturn during the recession, there was no interest in townhomes
so the vacant portion of St. Frances Woods was re-platted as single family
lots.
• Property values are not one of the CUP review criteria to be considered by
the Planning Commission. Mr. Morey stated it would be very unlikely that
property values would go down due to the development of the property for
a church use.
• Emphasized strongly that people should contact the City to verify
information they are told by builders before they purchase the property and
build their homes.
• An Environmental Impact Statement (EIS) is not required for this project.
Through the City’s platting and CUP application process, a thorough review
of proposed grading, stormwater drainage, ponding, utilities, wetlands, and
tree preservation is conducted by City staff.
• Referred to Mr. Dempsey’s detailed planning report concerning parking. He
stated the church is proposing 185 more parking spaces than the Zoning
Ordinance requires. He thought that City staff could work with the church
representatives to reduce the number of future parking spaces to create a
more extensive landscape screen along the east side of the church
property.
• Clarified that tree removal and grading on the easterly portion of the
property, adjacent to Enclave, will occur with Phase 1 of the church
development because that is where the low point on the property is, thus
where the stormwater ponding area will be located.
• Suggested the church could plant trees east of the future parking area with
Phase 1 of the church development to give the trees a head start on growth
prior to construction of the parking lot expansion.
Vice Chair Kaluza asked for comments from the Planning Commission. Discussion
points included:
• Possibly tabling this agenda item to allow the church time to address the
screening concerns raised by the neighbors
• Why is the proposed brick material Grade B rather than Grade A? Mr.
Dempsey indicated that this type of material was not anticipated when this
section of the Zoning Ordinance was approved several years ago. Staff
does not have any concerns about the quality of this product meeting the
intent of the Zoning Ordinance for a Grade A material
Planning Commission Meeting Minutes, August 3, 2017 Page 7
• The height of the building and the cross were discussed. Mr. Dempsey
clarified that the majority of the church building is 35 feet, the tallest portion
of the church building is 45 feet, and the cross is proposed at a height of 52
feet
• Discussed the addition of a stipulation requiring the church to work with staff
to provide a reasonable screening plan for the area adjacent to the
residential lots to the east prior to City Council consideration of the
preliminary and final plat and CUP. Mr. Morey stated that the City’s process
allows for public input on planning applications at the Planning Commission
meeting, not the City Council meeting. Staff would prefer to work with
church representatives to revise the plans for screening the future parking
area and bring it back to the Planning Commission for review and
recommendation to the City Council. This will give the public a chance to
comment on the revised plans prior to the City Council meeting. The City
Council would not be obligated to take additional public comment on this
development project.
• The three e-mails provided by staff at tonight’s meeting were discussed.
The issues raised in those emails is consistent with the issues raised by the
public at tonight’s meeting
• Mr. Morey suggested that if the Planning Commission were to table this
agenda item, they should table it to the next Planning Commission meeting
on August 17th. This would give staff a week to work with the church on
revised plans to be included in the Planning Commission packet
• The Planning Commission wanted to know how the residents will be kept
informed of this process. Mr. Morey stated that the residents should provide
staff with their e-mail addresses and staff can email the revised plans and
staff report direct to them. He also informed the residents that the packet
will be available on the City’s website on the Friday prior to the August 17th
Planning Commission meeting.
Motion was made by Reuvers, seconded by Kelvie to table action on this agenda
item to the August 17, 2017 Planning Commission meeting.
Ayes: Einck, Lillehei, Kaluza, Reuvers, Bakewicz, Kelvie
Nays: 0
7. Recycle Minnesota, LLC / Dick’s Sanitation
Vice Chair Kaluza opened the public hearing to consider the application of Recycle
Minnesota, LLC / Dick’s Sanitation for a conditional use permit to allow a waste and
recycling transfer station, located at 8812 – 215th Street.
Brett Anderson, President and CEO of Recycle Minnesota, LLC and Jim Connelly,
APPRO Development were in attendance at tonight’s meeting. Mr. Connelly
presented an overview of their request and showed how the proposed use will relate
to the existing site improvements. Mr. Anderson explained that they are continuing to
adapt their business model to keep competitive and serve their customers. Mr.
Anderson also requested they be allowed Sunday hours.
Planning Commission Meeting Minutes, August 3, 2017 Page 8
Commissioner Lillehei asked Mr. Anderson to explain a typical day of operations and
asked if 9:00 a.m. to 6:00 p.m. hours on Sunday would work. Mr. Anderson indicated
that yes, those hours would be fine. He clarified that they would not be open to the
public on Sunday.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that a CUP application and plans have been submitted for a proposed waste
and recycling transfer station, which is now allowed in the I-1, Light Industrial District
by CUP because of the Zoning Ordinance amendment approved by the City Council
on March 6, 2017. Recycle Minnesota is proposing to expand the current recycling
station building and introduce the sorting and transfer of residential and commercial
waste. The public would be allowed to drop off recyclable materials including
household metal, appliances, electronics, etc.
Mr. Dempsey reviewed the six criteria listed in the Zoning Ordinance for waste and
recycling transfer stations, which are listed in the July 27, 2017 planning report.
Mr. Dempsey stated that Recycle Minnesota does not propose to construct the
building addition right away. The site plan is intended to illustrate how the addition,
circulation and parking will be incorporated into the site design. A separate site plan
application must be submitted for administrative review and approval prior to a building
permit being issued for the addition.
Mr. Dempsey reviewed access and circulation to the site, size of the building addition
and parking requirements.
Mr. Dempsey referred to the handout with an amended Stipulation #4, as
recommended by the City Attorney, which reads:
4. In the event of public complaints about noise from the use of equipment on site,
the operator shall take measures to mitigate the noise to alleviate the
complaints. Noise resulting from the waste and recycling operations on site
shall be regulated in accordance with Zoning Ordinance Section 11-16-25 as
may be amended.
Mr. Dempsey stated that if there are any noise complaints, the applicant must
demonstrate compliance with City Code and State Statute.
Mr. Dempsey stated that staff recommends approval of the Recycle Minnesota, LLC /
Dick’s Sanitation conditional use permit for a waste and recycling transfer station in
the I-1 District and the adoption of the Findings of Fact dated August 3, 2017, subject
to the seven stipulations listed in the July 27, 2017 planning report, as amended.
Vice Chair Kaluza opened the hearing to the public for comment.
There were no comments from the audience.
Planning Commission Meeting Minutes, August 3, 2017 Page 9
Motion was made by Kelvie, seconded by Reuvers to close the public hearing
at 8:45 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Vice Chair Kaluza asked for comments from the Planning Commission. Discussion
points included:
• The Sunday “emergency hours” requested by the applicant. It was agreed by
the Planning Commission and staff that Sunday hours would be 8:00 a.m. to
6:00 p.m. instead of having general emergency hours on Sunday.
• Commissioner Lillehei appreciated the extensive narrative for the proposed
DSI Transfer Facility and indicated that he learned a lot about the recycling
aspect of their business.
Motion was made by Lillehei, seconded by Einck to recommend to City Council
approval of the Recycle Minnesota, LLC / Dick’s Sanitation conditional use permit for
a waste and recycling transfer station in the I-1 District, and adoption of the Findings
of Fact dated August 3, 2017, subject to the following stipulations, as amended:
1. A Minnesota Pollution Control Agency permit and Dakota County permit shall be
in full force and effect prior to commencing operations of the waste and recycling
transfer station.
2. Waste products shall not be stored outside the building.
3. The waste and recycling transfer station may operate between the hours of 6:00
a.m. and 6:00 p.m., Monday through Saturday and 8:00 a.m. to 6:00 p.m. on
Sunday.
4. Noise resulting from the waste and recycling operations on site shall be regulated
in accordance with Zoning Ordinance Section 11-16-25 as may be amended.
5. The transfer station and the property on which it is located shall be open at all
times for inspection by the City, County, and State.
6. A parking deferment application shall be submitted prior to the issuance of a
building permit for the proposed addition.
7. A sign permit must be issued by the City prior to the installation of any signs.
Ayes: Lillehei, Kaluza, Reuvers, Bakewicz, Kelvie, Einck
Nays: 0
There being no further business, the meeting was adjourned at 8:53 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary