HomeMy WebLinkAboutItem 03A
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
January 4, 2018
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, Paul Reuvers, Brooks Lillehei, Scott Einck,
Jason Kelvie, Jeff Witte, Ex-officio Member Mike Lamm
Members Absent: Chair Jason Swenson, Karl Drotning
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Alex Jordan, Senior Project Engineer; Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
Commissioner Kelvie commented that the minutes should reflect that Jason Swenson
did not attend the December 7th meeting and did not call the meeting to order.
The December 7, 2017 Planning Commission meeting minutes were approved as
amended.
4. Announcements
Mr. Morey stated that a recommended Stipulation 8 for the Valley Christian Church
CUP was distributed to the Planning Commission members at tonight’s meeting. Mr.
Dempsey will discuss this during his presentation.
Mr. Morey commented that there will be no regular agenda items for the January
18th Planning Commission meeting; as such, there will only be a work session to
discuss the 2018 Comp. Plan land use. He also indicated that an e-mail will be sent
out asking Commission members’ availability for February and March meeting dates.
5. Valley Christian Church
Vice Chair Kaluza opened the public hearing to consider the application of Valley
Christian Church for an amendment to Conditional Use Permit No. 04-05 to allow a
building and parking lot addition for a religious institution in the O-R, Office/Residential
Transition District, located at 20270 Iberia Avenue.
Stephen Krause from SDK Architects was present at tonight’s meeting. He indicated
that Grant Jacobson from Jacobson Surveyors and Engineers was in attendance
along with Kirk Douglas, Business and Facilities Manager for Valley Christian Church
to answer any questions the Planning Commission may have. Mr. Krause presented
a brief overview of their request.
Planning Commission Meeting Minutes, January 4, 2018 Page 2
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that a church with a parking lot, a single family home, and a detached accessory
building are currently located on the subject property. The building addition that is
being requested will include a small increase in the main assembly area seating, a
new nave and storage area, additional classrooms, nursery, lounge area, and
restrooms.
Mr. Dempsey indicated that the single family home on the subject property originally
was constructed as a parsonage for Bethlehem Evangelical Lutheran Church. Valley
Christian Church will continue to occupy the home for church related activities. City
staff is recommending the following stipulation be added:
8. The single family home on the property shall be for religious institution
related uses only, including occupancy as a dwelling.
The detached accessory building will remain in its present location as allowed by the
2005 conditional use permit.
Mr. Dempsey reviewed the performance standards that must be met per the Zoning
Ordinance requirements, which are listed in detail in the December 29, 2017 planning
report.
Mr. Dempsey stated that the subject property has access to City sewer, water and
storm water utilities. The existing storm water basin will have to be expanded to
accommodate the additional proposed impervious surface area with the building and
parking lot.
Mr. Dempsey stated that staff recommends approval of the Valley Christian Church
conditional use permit amendment subject to the seven stipulations listed in the
December 29, 2017 planning report, with the addition of Stipulation 8, and adoption of
the Findings of Fact dated January 4, 2018.
Vice Chair Kaluza 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
6:13 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Vice Chair Kaluza asked for comments from the Planning Commission. Discussion
points included:
• Kirk Douglas, Business and Facilities Manager for Valley Christian Church,
stated that the house is being used for classrooms and staff offices, and youth
and fellowship activities. He indicated they have redone the floors, and
Planning Commission Meeting Minutes, January 4, 2018 Page 3
changed out the lighting to be more conducive to classroom use. Eventually it
will be used for youth activities and perhaps offices for the staff.
• Mr. Douglas stated that any future expansion would require the church to look
for a new site.
Motion was made by Lillehei, seconded by Kelvie to recommend to City Council
approval of the Valley Christian Church amendment to conditional use permit 04-05
to allow a building and parking lot addition for a religious institution in the O-R,
Office/Residential Transition District, located at 20270 Iberia Avenue, and adoption of
the Findings of Fact dated January 4, 2018, subject to the following stipulations, as
amended:
1. The recommendations listed in the Engineering Division memorandum dated
December 29, 2017.
2. The proposed storm water basin design is attached as Exhibit I and must be
incorporated into the revised site plan and grading and drainage plan prior to City
Council consideration of the conditional use permit amendment.
3. The building and site shall be developed consistent with the plans approved by the
City Council.
4. The Grade A and Grade B exterior building materials shall not be painted.
5. All landscaping is required to be kept free of dead material. Any dead trees or
shrubs must be replaced with the same or similar material.
6. A $5,000 landscape security shall be submitted prior to issuance of a building
permit.
7. If an outside trash/recyclables container is proposed, it must be within an enclosure
designed and constructed to Zoning Ordinance requirements. A building permit is
required prior to construction of the enclosure.
8. The single family home on the property shall be for religious institution related uses
only, including occupancy as a dwelling.
Ayes: Kelvie, Einck, Lillehei, Kaluza, Reuvers, Witte
Nays: 0
6. Progressive Rail
Vice Chair Kaluza opened the public hearing to consider the application of Empire
Builder Investments, Inc. (Progressive Rail) for a Conditional Use Permit to allow liquid
propane storage tanks in the I-2, General Industrial District, located at 21778 Highview
Avenue
Jack Matasosky, APPRO Development, was in attendance at tonight’s meeting. He
indicated that he is assisting the owner on this project. Others in attendance tonight
were David Fellon, President of Empire Builder Investments, Jeremy Urlacher,
Operations Manager for Progressive Rail, Duane Hamilton from Westmor Company,
the LP equipment supplier, and Jason Culotta, Progressive Rail’s Director of Public
Affairs. Mr. Matasosky presented a brief overview of their request and Mr. Fellon
presented some history of the rail business and the Progressive Rail site.
Planning Commission Meeting Minutes, January 4, 2018 Page 4
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the liquid propane storage would be in conjunction with receiving rail
shipments of the LP, transferring the LP to storage tanks on-site, and final distribution
of LP from the subject property to customers via trucks.
Mr. Dempsey reviewed the factors that the Planning Commission must consider when
reviewing the possible effects of the proposed use, which are listed in the December
29, 2017 planning report.
Mr. Dempsey commented on the non-conforming conditions on the subject property
and what actions the applicant is proposing to address these issues.
Mr. Dempsey reviewed the proposed site improvements and how it will allow
Progressive Rail to sweep and maintain the outdoor storage yard to prevent the
release of fine materials into the storm basins as well as wind borne dust from leaving
the property.
Mr. Dempsey reviewed the access and on-site circulation along with the parking
requirements for the Progressive Rail site. 102 parking spaces are required with this
project. Progressive Rail proposes to construct and stripe additional spaces as part
of this conditional use permit for a total of 77 parking spaces on site and 25 deferred
parking spaces. He stated that as part of this conditional use permit, a revised parking
deferment agreement will be required. The applicant indicates that there will be an
estimated 49 employees, of which 34 employees are on site during the main shift.
Mr. Dempsey indicated that the applicant is proposing vinyl siding for the LP
office/control station building, which is a Grade F material. The building’s exterior
material plan shall be amended to include primarily Grade A-E materials.
Mr. Dempsey stated that the gravel surfaced area located near the northwest corner
of the property adjacent to Wausau Supply that had been used for parking area shall
be surfaced with grass and landscaping in compliance with the landscape plan
approved with the 1998 Empire Builder Investments 1st Addition preliminary and final
plat. All landscaping on site shall be maintained and kept free of dead materials. Any
dead landscape materials shall be replaced with like materials in compliance with
Zoning Ordinance requirements.
Mr. Dempsey stated that staff recommends approval of the Progressive Rail
conditional use permit subject to the 15 stipulations listed in the December 29, 2017
planning report, and adoption of the Findings of Fact dated January 4, 2018.
Vice Chair Kaluza 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 6:28 p.m.
Planning Commission Meeting Minutes, January 4, 2018 Page 5
Voice vote was taken on the motion. Ayes – unanimous
Vice Chair Kaluza asked for comments from the Planning Commission. Discussion
points included:
• Security and safety concerns were discussed. Mr. Dempsey stated that Fire
Department staff has been involved with the planning process and will do
inspections periodically. All state and federal rules will be followed per
stipulation 2 and the Fire Marshal shall approve the liquid propane storage
facility prior to issuance of a building permit, per stipulation 15. Mr. Matasosky
indicated that Homeland Security and OSHA are involved with disaster
planning, emergency shut-offs, etc. Mr. Fellon stated that they are proactive
and are open to security training on site. Mr. Matasosky indicated that there is
a barricade and guard rail around the LP tanks so nobody could breach the
tanks or hit the tanks with a truck.
• Progressive Rail explained what transloading means and how the trucks will
circulate through the site.
• This will be the only LP storage facility of its size in the City of Lakeville.
• Deferred parking spots were identified on the site plan.
• Commissioner Lillehei wanted to hear from the applicant regarding the non-
conforming conditions and how they were going to be addressed. Mr. Urlacher
stated the outside storage in the front of the building will be removed, the
transloading area will be swept on a daily basis, screens will be put on the storm
sewers to collect small debris, parking has been added at the rear of the site,
rock piles have been removed and the lumber has been moved to a paved area
behind the building. Mr. Matasosky stated Progressive Rail will take a more
positive approach to addressing stormwater drainage on-site.
Motion was made by Lillehei, seconded by Reuvers to recommend to City Council
approval of the Empire Builder Investments, Inc. conditional use permit, and adoption
of the Findings of Fact dated January 4, 2018, subject to the following stipulations:
1. All areas of the outdoor storage yard that are driven on, parked on or used for
outdoor storage of products that can be wind-blown or carried by site drainage into
the storm sewer system shall be paved with asphalt bituminous.
2. All required State of Minnesota permits and certifications shall be obtained and
remain in good standing prior to the commencement of liquid propane delivery to
the subject property, transfer to the storage tanks, transloaded to delivery trucks
and transportation of the liquid propane fuel on public roads.
3. No waste products, as defined by the Zoning Ordinance, shall be stored on site.
4. Compliance with the requirements listed in the Engineering Division memorandum
dated December 29, 2017.
5. A minimum of 50 paved and striped parking spaces shall be available for parking
at all times. All vehicle parking shall occur on designated spaces paved with
bituminous asphalt in accordance with the approved site plan.
6. The outdoor storage area and parking area shall be paved with asphalt bituminous
surfacing no later than June 1, 2018 in accordance with the approved site plan. A
Planning Commission Meeting Minutes, January 4, 2018 Page 6
cash or letter of credit security in the amount of $66,000 shall be submitted to
guarantee completion of the additional asphalt bituminous paving.
7. All non-compostable materials such as litter, fine metals, plastics, glass, or other
materials that can be carried into the storm sewer system shall be swept and
properly disposed of on a regular basis.
8. Permanent or temporary outdoor storage of material shall not occur between
Highview Avenue and the west side of the building.
9. The LP office/control building exterior building materials shall comply with Zoning
Ordinance requirements.
10. All landscaping on site shall be maintained and kept free of dead materials. The
gravel surface area north of the main building and adjacent to the Wausau Supply
property shall be restored with grass and landscaping in accordance with the
landscape plan approved with the 1998 Empire Builder Investments 1st Addition
preliminary and final plat. Any dead landscape materials shall be replaced with
like materials in compliance with Zoning Ordinance requirements.
11. Installation of any lighting shall require an electrical permit and shall be down-cast
style fixtures.
12. A parking deferment agreement shall be approved prior to the issuance of a
building permit for the propane storage facility.
13. LP delivery trucks shall not be stored on site unless located on a bituminous
asphalt paved surface and not within the parking spaces required for the
Progressive Rail building.
14. A building permit is required prior to installation of the propane storage tanks.
15. The Fire Marshal shall approve the liquid propane storage facility prior to issuance
of a building permit.
Ayes: Einck, Lillehei, Kaluza, Reuvers, Witte, Kelvie
Nays: 0
There being no further business, the meeting was adjourned at 6:43 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary