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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 th 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 stth 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 th 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 th 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 nd 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 nd 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 nd 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 nd 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, nd 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