HomeMy WebLinkAbout02-01-18
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
February 1, 2018
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, Scott
Einck, Jason Kelvie, Karl Drotning, Jeff Witte, Ex-officio Member Mike Lamm
Members Absent: Paul Reuvers
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Kris Jenson, Associate Planner; Zach Johnson, City Engineer; Christina Orlowsky, Civil
Engineer; Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The January 4, 2018 Planning Commission meeting minutes were approved as
presented.
The January 18, 2018 Planning Commission Work Session minutes were approved
as presented.
4. Announcements
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Mr. Morey commented that the February 15 Planning Commission meeting will be a
work session only to discuss the 2018 Zoning Ordinance Update. Mr. Morey also
indicated that the March Planning Commission meetings will remain on their regularly
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scheduled dates of March 1 and 15.
5. MMR Second Addition
Chair Swenson opened the public hearing to consider the application of Lakeville
Christian Church for the vacation of a public drainage and utility easement, located
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north of 212 Street and west of Dodd Boulevard (CSAH 9).
Mark Holman and Steve Griffith, both Trustee’s for the Lakeville Christian Church,
were in attendance at tonight’s meeting. Mr. Holman presented a brief overview of
their request. He indicated that they built their small church on the west side of Idaho
Avenue with the development of the MMR First Addition plat in 2011. The intention of
the church is to sell the two single family lots proposed in MMR Second Addition.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that in conjunction with the proposed MMR Second Addition final plat, the
vacation of a public drainage and utility easement is required. The 10-foot wide public
Planning Commission Meeting Minutes, February 1, 2018 Page 2
drainage and utility easement runs parallel to the east boundary of the subject
property, which abuts Idaho Avenue on the west and Dodd Boulevard (CSAH 9) on
the east. This easement will be re-established with the final plat of MMR Second
Addition.
Mr. Dempsey stated that staff recommends approval of the easement vacation subject
to the two stipulations listed in the January 24, 2018 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 Einck 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. Commissioner
Drotning commented that he appreciated that the ghost plat of the area (Exhibit E)
was included in the packet. It helps illustrate how the adjacent properties could be
developed in the future.
Motion was made by Drotning, seconded by Kelvie to recommend to City Council
approval of the vacation of a public drainage and utility easement, located north of
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212 Street and west of Dodd Boulevard (CSAH 9), subject to the following two
stipulations:
1. The vacation of the drainage and utility easement is contingent upon recording of
the MMR Second Addition final plat.
2. Eight (8), eight-foot tall spruce trees shall be planted on a buffer yard berm along
the rear property line of Lot 1 as shown on the grading, drainage and erosion
control plan. In addition, the rear yard of Lot 1 shall be sodded up to the rear
property line. A $2,000 security will be required with the building permit for Lot 1
to guarantee installation of the rear yard sod.
Ayes: Kelvie, Einck, Lillehei, Swenson, Kaluza, Witte, Drotning
Nays: 0
6. Eugene Frederick Addition
Chair Swenson opened the public hearing to consider the application of The Driessen
Group, LLC on behalf of the City of Lakeville for the following, located at 16179 Kenrick
Avenue (tabled at the December 7, 2017 meeting): A. Preliminary plat of one lot to
be known as Eugene Frederick Addition; B. Conditional use permit to allow a
convenience restaurant in the C-3, General Commercial District; and C. Variance to
allow: 1. Building setback of less than 30 feet, and 2. Parking lot setback of less than
15 feet.
Planning Commission Meeting Minutes, February 1, 2018 Page 3
Chair Swenson also opened the public hearing to consider the application of The
Driessen Group, LLC on behalf of the City of Lakeville for the vacation of public street
right of way and drainage and utility easements, located along the west side of Kenrick
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Avenue, north of 162 Street (CSAH 46).
Vince Driessen, The Driessen Group, Sheldon Berg, DJ Architects, and Shari Aherns,
Westwood Professional Services, were in attendance at tonight’s meeting. Mr.
Driessen presented an overview of the project, which involves the redevelopment of
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the Kenrick Liquor store at the corner of Kenrick Avenue and 162 Street (CSAH 46).
They are proposing to add one small retail bay to the north side of the liquor store and
one to the south side of the liquor store. He indicated that they are hoping to be under
construction by April of this year and anticipate the liquor store to be open throughout
the construction process.
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that
the City has entered into a purchase agreement with the Driessen Group, LLC for the
purchase and redevelopment of the current location of a Lakeville Liquors store at the
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northwest corner of Kenrick Avenue and 162 Street (CSAH 46).
Ms. Jenson explained that as part of the development proposal, the City agreed to
vacate a portion of the Kenrick Avenue right of way. This portion of the right of way is
excess and is not needed for the existing street. Any drainage and utility easements
within the existing street right of way to be vacated will also be vacated. Ms. Jenson
indicated that perimeter drainage and utility easements are proposed to be 10 feet
except in the area of the sidewalk along the east side of the property, which will be 15
feet wide. An easement for the sidewalk will be recorded as a separate easement
with the final plat.
Ms. Jenson stated that the developer is requesting a conditional use permit (CUP) for
a convenience food establishment for the retail space on the south side of the building,
which includes a drive-through service window. Ms. Jenson reviewed the Zoning
Ordinance performance standards that must be met for the convenience food use,
which are explained in detail in the January 25, 2018 planning report.
Ms. Jenson stated that the developer is requesting a variance for the south side
building setback of 30 feet due to the existing building being constructed at an angle
on the site. Also, because the property is being platted, the developer is required by
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Dakota County to reserve an additional 25 feet of right of way for 162 Street (CSAH
46). If not for that requirement, the proposed building addition would meet the building
setback requirement. The developer’s narrative to support the request for the
variance (Exhibit O) is included in the packet material.
Ms. Jenson indicated that the developer proposes an expansion of the parking lot to
provide 75 parking spaces, including three handicap parking spaces, which meet the
number required by the Zoning Ordinance. Ms. Jenson explained why the developer
is requesting a variance to the required 15 foot parking lot setback from public right of
way, which is also explained in detail in the January 25, 2018 planning report and in
the developer’s narrative attached to the packet material (Exhibit P).
Planning Commission Meeting Minutes, February 1, 2018 Page 4
Ms. Jenson explained that if not for the platting of this site, the developer could have
moved ahead with the CUP for the building addition but that would have pushed the
issue of the additional right of way acquisition to a point in time when Dakota County
was ready to widen and upgrade CSAH 46 and the City would be responsible for 45%
of the cost of acquisition of the right-of-way at that time.
Ms. Jenson stated that staff recommends approval of the Eugene Frederick Addition
preliminary and final plat, conditional use permit, variance, and right of way and
easement vacation, subject to the nine stipulations listed in the January 25, 2018
planning report, and adoption of the Findings of Facts dated February 1, 2018.
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 6:22 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
Commissioner Kelvie asked if the drive through tenant has been identified. Mr.
Driessen indicated that it was premature to give out a name yet, but it will likely
be a place to get a cup of coffee.
Per Commissioner Drotning’s statements and questions, a discussion between
the Planning Commission and City Engineer Zach Johnson took place
regarding the current Dakota County traffic studies that include Lakeville, the
volume of traffic on CSAH 46, the design for CSAH 46 needed to handle the
future volume of traffic, and how much input Lakeville will have in the design of
the future CSAH 46 improvements.
Chair Swenson asked Ms. Jenson if the platting of the property is required. Ms.
Jenson responded that a plat is not required, but a plat has been prepared by
the developer to clean up the legal description of this property, which will
include vacated Kenrick Avenue right-of-way. Chair Swenson asked if there is
an advantage to the City that the property is being platted. Ms. Jenson
indicated that it is better to plat the property now with the additional right-of-way
dedication for CSAH 46 required by Dakota County in order to avoid right-of-
way acquisition costs in the future.
The Planning Commission members understood why the variances were
requested and had no objection to the request. The Planning Commission
supports the proposed redevelopment of the site.
Motion was made by Kaluza, seconded by Kelvie to recommend to City Council
approval of the Eugene Frederick Addition preliminary plat, conditional use permit to
allow a convenience restaurant in the C-3, General Commercial District, a building
Planning Commission Meeting Minutes, February 1, 2018 Page 5
setback and parking lot setback variance, and the vacation of public street right of way
and drainage and utility easements, located along the west side of Kenrick Avenue,
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north of 162 Street (CSAH 46) and adoption of the Findings of Facts dated February
1, 2018, subject to the following stipulations:
1. Implementation of the recommendations listed in the January 25, 2018 engineering
report.
2. The site shall be developed in compliance with the site plan and building plans as
approved by the City Council.
3. Class A building materials may not be painted.
4. Snow storage shall not occur within required parking spaces and shall not infringe
upon vehicle site circulation or sight visibility.
5. The hours of operation for the convenience restaurant use are limited to 5:00 am
to 11:00 pm.
6. A sidewalk easement for the sidewalk along Kenrick Avenue must be recorded
with the final plat.
7. Prior to City Council consideration, the civil plans must be modified to show the
perimeter drainage and utility easements.
8. Prior to City Council consideration, the landscape plan must be modified to reflect
a minimum planting size of 2.5 inch diameter for overstory trees and to note that
the site must have inground irrigation. Landscaping shall be installed according to
the landscape plan approved by the City Council. A financial security of $54,163
shall be submitted with the final plat plans to guarantee installation of the
landscaping.
9. Prior to City Council consideration, the photometric plan shall be modified to show
light levels not exceeding one foot candle within the public right of way. Parking
lot lighting shall be down-cast cut-off type fixtures only and building lighting shall
be down-cast only as required by the Zoning Ordinance.
Ayes: Einck, Lillehei, Swenson, Kaluza, Witte, Drotning, Kelvie
Nays: 0
Mr. Morey thanked Mr. Driessen and his team for their cooperation and a great team
effort on this project. Mr. Morey also thanked Mr. Johnson for his efforts in working
with Dakota County on the CSAH 46 right-of-way dedication and the Kenrick Avenue
right-of-way vacation issues.
There being no further business, the meeting was adjourned at 6:42 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary