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HomeMy WebLinkAbout07-19-18 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES July 19, 2018 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: Chair Pat Kaluza, Scott Einck, Jason Swenson, Jeff Witte, Paul Reuvers, and Karl Drotning (arrived at 6:04) Members Absent: Vice Chair Jason Kelvie, Brooks Lillehei, ex-officio Mike Lamm Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Brent Jones, Planning Assistant/Code Enforcement Technician; Daniel Licht, The Planning Company; Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The June 28, 2018 Planning Commission meeting minutes and June 28, 2018 Planning Commission work session minutes were approved as presented. 4. Announcements Mr. Morey stated the following were distributed at tonight’s meeting in reference to Agenda Item 8, Rose Ridge:  Resident e-mail concerning light pollution  Developer e-mail  TPC memo in response to Developer’s e-mail  Bolten & Menk memo Mr. Morey reminded the Planning Commission to RSVP to Ms. Brevig as to whether nd they will be able to attend the August 2 Envision Lakeville workshop at 7:00 p.m. at nd the Water Treatment Facility. Because of this workshop, the August 2 Planning Commission meeting will start at 5:30 p.m. 5. City of Lakeville Chair Kaluza opened the public hearing to consider the application of the City of Lakeville for a Zoning Map amendment to rezone property from P-OS, Public and Open Space District to I-2, General Industrial District, located east of Hamburg th Avenue and north of 215 Street (CSAH 70). Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the City recently conveyed 1.15 acres of developable land adjacent to Hamburg Avenue to BKI. In exchange, BKI conveyed 6.54 acres of environmentally sensitive land it owned adjacent to South Creek to the City. Mr. Dempsey indicated Planning Commission Meeting Minutes, July 19, 2018 Page 2 that the majority of the land obtained by BKI is currently in a drainage and utility easement and is also considered floodplain or wetlands and is not developable. Mr. Dempsey stated that the proposed land exchange will allow Buddy’s Kitchen to complete a building and parking lot expansion which could possibly add approximately 300 new jobs to the company over the next two years. The City-owned land that was recently conveyed to BKI is zoned P/OS, Public and Open Space District and was the location of a former sewage treatment facility for the Village of Lakeville. This P/OS zoning classification does not allow manufacturing related uses. The City has initiated a rezoning of this land to I-2, General Industrial District and, if approved, will result in all BKI owned property being zoned I-2. Mr. Dempsey stated that staff recommends approval of the Zoning Map amendment, subject to the two stipulations listed in the July 19, 2018 planning report, and adoption of the Findings of Fact dated July 19, 2018. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Drotning, seconded by Swenson to close the public hearing at 6:08 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. The Planning Commission agreed that this land swap makes sense and provides benefits to both the City and Buddy’s Kitchen. Motion was made by Swenson, seconded by Drotning to recommend to City Council approval of the Zoning Map amendment to rezone property from P-OS, Public and Open Space District to I-2, General Industrial District, located east of Hamburg th Avenue and north of 215 Street (CSAH 70), subject to the following stipulations, and adoption of the Findings of Fact dated July 19, 2018: 1. That the 1.15 acre parcel proposed for rezoning to I-2 remain a portion of the original BKI parcel and the combined parcels be considered one zoning lot and also be combined as one tax parcel with Dakota County. 2. That the 2040 Comprehensive Plan be revised to designate the 1.15 acres being rezoned to I-2 as Industrial on the Land Use Plan Map. Ayes: Swenson, Einck, Kaluza, Reuvers, Witte, Drotning Nays: 0 Planning Commission Meeting Minutes, July 19, 2018 Page 3 6. Sherwin Williams Chair Kaluza opened the public hearing to consider the application of The Sherwin Williams Company for a Conditional Use permit to allow accessory retail sales within the I-1, General Industrial District, located at 21486 Humboldt Court. Scott Thielen, who owns Agape Mechanical and is representing the owner of the building and Sherwin Williams at tonight’s meeting, presented a brief overview of the project. Mr. Theilen stated that Sherwin Williams will mainly be a distribution center. They do not expect much retail sales but they want to be prepared for it. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Sherwin Williams has submitted an application for a conditional use permit (CUP) to allow accessory retail sales at their proposed warehouse and retail store to be located adjacent to 21486 Humboldt Court. Agape Mechanical currently occupies the south half of the existing building. Mr. Dempsey explained that the retail use is allowed as a permitted use in a C-1 district, as required by the I-2 District, and it does not constitute more than 30% of the lot area and not more than 50% of the gross floor area of the principal use. There are 57 existing parking spaces. The building requires 50 parking spaces based on the square footage of each use of the building. Mr. Dempsey stated that staff recommends approval of the CUP subject to the four stipulations listed in the July 5, 2018 planning report, and adoption of the Findings of Fact dated July 19, 2018. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Swenson, seconded by Einck to close the public Hearing at 6:16 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Commissioner Drotning indicated that there are similar accessory retail areas in the Airlake Industrial Park. Motion was made by Witte, seconded by Drotning to recommend to City Council approval of The Sherwin Williams Company conditional use permit to allow accessory retail sales within the I-1, General Industrial District, located at 21486 Humboldt Court, subject to the following stipulations, and adoption of the Findings of Fact dated July 19, 2018: Planning Commission Meeting Minutes, July 19, 2018 Page 4 1. Retail sales shall only occur in the 1,051 square foot area shown on the proposed building floor plan. 2. The sale of products from the Sherwin Williams space shall only be items accessory to the principal use. Retail items shall be limited to those items allowed in the C-1, Neighborhood Commercial District. 3. Occupancy of the Sherwin Williams space in the building shall be subject to the approval of the Building Official. 4. A sign permit is required prior to the installation of any wall or freestanding signs. Ayes: Einck, Kaluza, Reuvers, Witte, Drotning, Swenson Nays: 0 7. Dunham Brothers Shavings Inc. Chair Kaluza opened the public hearing to consider the application of Dunham Brothers Shavings, Inc. for the following, located east of Kenrick Avenue and south of th 215 Street: A. Interim Use Permit to allow open and outdoor storage as a principal use in the RAO, Rural/Agricultural Overlay District; and B. Conditional Use Permit to allow an exception to the exterior building material requirements for an industrial use. Bob Dunham was in attendance at tonight’s meeting. Mr. Dunham presented a brief overview of his request. He explained the process for storing and using oat hulls for energy. Planning Assistant/Code Enforcement Technician Brent Jones presented the planning report. Mr. Jones stated that the proposed principal use of the property as open storage is for storing oat hulls. The proposed hoop shed is an efficient and cost- effective way to store products like road salt and oat hulls. Mr. Jones explained that open storage as a principal use requires an interim use permit because the property is currently zoned and guided for Office Park uses. The open storage of oat hulls under a hoop shed is temporarily a good use of the property, but higher and better uses of the property will be appropriate after city services are available. The proposed hoop shed is allowed by conditional use permit as an exception to the industrial use requirements for building type and construction. Mr. Jones explained the criteria for allowing an exception as listed in the July 13, 2018 planning report. Mr. Jones stated that staff recommends approval of the IUP and CUP subject to the three stipulations listed in the July 13, 2018 planning report, and adoption of the Findings of Fact dated July 19, 2018. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Planning Commission Meeting Minutes, July 19, 2018 Page 5 Motion was made by Reuvers, seconded by Swenson to close the public hearing at 6:24 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Discussion points included:  The Planning Commission was comfortable approving this type of structure for outdoor storage. Commissioner Swenson was familiar with the hoop shed builder and he was confident that it would be built correctly.  Mr. Morey indicated that the hoop shed would be similar to the road salt storage building at the City’s Central Maintenance Facility. He was not aware of any complaints concerning the City’s building. He also stated that existing trees and proposed landscaping will help screen the hoop shed.  Commissioner Drotning suggested that a fourth stipulation be added to make it very clear that this IUP will only be for this specific use.  Mr. Morey suggested the following stipulation: 4. No expansion of the proposed use or introduction of a separate use on the property is allowed unless approved by the City.  Mr. Morey commented that if there is an expansion of this use or the introduction of a second principal use, a planning application would be required. Motion was made by Witte, seconded by Drotning to recommend to City Council approval of Interim Use Permit to allow open and outdoor storage as a principal use in the RAO, Rural/Agricultural Overlay District, and the Conditional Use Permit to allow an exception to the exterior building material requirements for an industrial use, subject to the following stipulations, as amended, and adoption of the Findings of Fact dated July 19, 2018: as amended 1. A building permit shall be required prior to commencing construction of the hoop shed. 2. All setback requirements from property lines and wetlands for the structure and the parking lot must be met. 3. The interim use permit shall be terminated when the property is redeveloped for another principal use. 4. No expansion of the proposed use or introduction of a separate use on the property is allowed unless approved by the City. Ayes: Kaluza, Reuvers, Witte, Drotning, Swenson, Einck Nays: 0 Planning Commission Meeting Minutes, July 19, 2018 Page 6 8. Rose Ridge Chair Kaluza opened the public hearing to consider the application of Winkler Land Co. LLC for the following, generally located east of Dodd Boulevard (CSAH 9), north rd of 183 Street, and immediately north of the King Park Athletic Complex: A. Comprehensive Plan amendment to re-guide the property from Low/Medium Density Residential to Medium Density Residential and Office/Residential Transition; B. Zoning Map amendment to rezone the property from RST-2, Single and Two Family Residential District to RM-1, Medium Density Residential District and O-R, Office/Residential Transition District. John Anderson, representing Winkler Land Company, and Mr. Winkler were in attendance at tonight’s meeting. Mr. Anderson stated that they are looking to guide the land south of the collector road (Hyde Park Avenue) to Office/Residential Transition and construct an office building and a daycare facility on the south side of the road. On the north side they are proposing to re-guide and rezone the property from low density to medium density and construct 14 row townhouses. Mr. Anderson felt that with the park use to the south, the office building would be a good transition. Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that Winkler Land Co, LLC has submitted a concept plan for development of land located east of Dodd Boulevard (CSAH 9) and north of King Park to include an office building, daycare facility and 14 row townhouse dwelling units within three buildings. The subject site does not allow for development of the uses shown on the concept plan with the exception of the daycare facility, which would be allowed by conditional use permit. Mr. Licht explained that the developer had requested that the subject site be included in the MUSA and guided to allow the proposed uses on the draft 2040 Land Use Plan, but this request was not agreed to by the Planning Commission or City Council at separate work sessions. The developer is requesting approval of an amendment to the 2030 Land Use Plan and Zoning Map to allow for subsequent development stage zoning and subdivision applications for the uses shown on the concept plan. Mr. Licht reviewed the existing conditions and access to the site, which are reviewed in detail in the July 11, 2018 planning report. Mr. Licht stated that the 2010 MUSA Serviceability Study brought the subject site into the MUSA with extension of sewer and water utilities to occur in accordance with the orderly expansion of development from the east. If the serviceability of the subject site is verified, development of the subject site with urban uses as guided by the Land Use Plan could be allowed to proceed. Mr. Licht indicated that the 2030 Land Use Plan guides the subject site for future Low- to-Medium Density Residential uses. The land use category allows for development of single family, detached townhouse, and two-family dwellings. The land uses shown on the concept plan are not allowed within the Low-to-Medium Density Residential land use designation. Planning Commission Meeting Minutes, July 19, 2018 Page 7 Mr. Licht reviewed the 2030 Land Use Plan and the concepts that it is based upon, which are described in detail in the July 11, 2018 planning report. Mr. Licht stated that staff recommends that approval of the requested Comprehensive Plan be limited to guiding the portion of the subject site south of the future minor collector street for Office-Residential Transition land use and amending the Zoning Map to rezone said area to O-R District. Findings of Fact dated July 19, 2018 that are consistent with this recommendation have been included for the Planning Commission’s consideration. Chair Kaluza opened the hearing to the public for comment. The following people spoke at the Public Hearing: Brandon Krech, 17970 Hydra Court David Mills, 17954 Hydra Court Nathan DuBois, 17998 Hyde Park Avenue Matthew Hall, 18035 Hydra Circle Curt Lockman, 17961 Hydra Court Their concerns were:  Lighting from the office building and how it will affect the neighborhood  Increased traffic through their neighborhood  Temporary lift station and how long it will exist  The property as currently guided and zoned is appropriate  The request is not consistent with what the City has planned for the area  The elevation of the subject property is significantly higher which would put the office building even higher than their homes  Negative impact on property values  They did their research regarding surrounding zoning prior to moving into their neighborhood and now it may be changed Motion was made by Drotning, seconded by Reuvers to close the public hearing at 7:05 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Discussion points included:  A lighting plan would be required prior to construction of the office building and staff would review the plan for compliance with the Zoning Ordinance.  Chair Kaluza asked Mr. Licht to explain when the temporary lift station would be removed. Mr. Licht showed the 2010 MUSA serviceability map and explained where sanitary sewer would be coming to serve this property. Planning Commission Meeting Minutes, July 19, 2018 Page 8 He indicated that capacity would need to be verified prior to the removal of the temporary lift station.  The Planning Commission agreed that they discussed this request about a month ago at a 2040 Comprehensive Plan meeting and they indicated they did not support Mr. Winkler’s request at that time. They felt it was premature then and they still do. Commissioner Drotning asked Mr. Winkler to confirm this, which Mr. Winkler did.  Commissioners Witte and Reuvers commented that this concept layout does not fit in this location.  Mr. Morey clarified that when the Planning Commission considered Mr. Winkler’s request previously it was at a work session to review the draft 2040 Land Use Plan. Several property owners made land use and MUSA requests as part of the Comprehensive Plan update process. At a subsequent work session, the City Council also indicated support for low/medium density land uses on Mr. Winkler’s property. Mr. Winkler decided to proceed with his applications despite the Planning Commission and City Council work session discussions.  Commissioner Swenson addressed the traffic control issues. He indicated that regardless of the use of the property, it has already been determined where the intersection will be, at Hyde Park Avenue. He reminded the residents that Dodd Boulevard is a County road. Commissioner Swenson also indicated that the concept plan presented tonight is not a formal plat application.  The Planning Commission thanked the residents for their input at tonight’s meeting. Chair Kaluza explained to the audience that the Planning Commission will make a recommendation to the City Council at tonight’s meeting. He encouraged the residents to attend the City Council meeting where the final decision will be made on Mr. Winkler’s applications. Motion was made by Reuvers, seconded by Drotning to recommend to City Council approval of the Winkler Land Co. Comprehensive Plan amendment and Zoning Map amendment. Ayes: 0 Nays: Reuvers, Witte, Drotning, Swenson, Einck, Kaluza Motion was made by Reuvers, seconded by Swenson to direct City staff to prepare Findings of Fact consistent with the Planning Commission’s recommendation of denial of the Winkler Land Co. Comprehensive Plan and Zoning Map amendments. Ayes: Witte, Drotning, Swenson Einck, Kaluza, Reuvers Nays: 0 Mr. Morey asked the audience to e-mail City Planning Department staff so that they can be informed of the date of the City Council meeting if they are interested in attending. Planning Commission Meeting Minutes, July 19, 2018 Page 9 9. City of Lakeville Chair Kaluza opened the public hearing to consider the application of the City of Lakeville for an amendment to Section 11-23-15.T of the Lakeville Zoning Ordinance concerning changeable copy signs. Planning Consultant Daniel Licht presented the planning report. Mr. Licht reviewed the City Code and Zoning Ordinance amendments for the allowance for dynamic display signs with electronic changeable copy or graphic display within the C-2 and C- 3 Districts. He indicated that City staff has drafted an amendment to the Zoning Ordinance to modify the height limits required when the freestanding sign includes a dynamic display to respond to the ability to utilize the sign to identify the tenants of a multiple tenant building using static signs. The proposed amendment would allow for the freestanding sign structure to be constructed to the height allowed within the zoning district, but the dynamic display portion of the freestanding sign would remain limited to a height of not more than 15 feet. The amendment maintains consistency with the original intent of the dynamic display construction regulations while allowing greater flexibility in the use of the allowed area for a freestanding sign. Mr. Licht stated that staff recommends approval of the proposed Zoning Ordinance amendment as presented. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Reuvers, seconded by Drotning to close the public hearing at 7:40 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. There was no discussion by the Planning Commission. Motion was made by Witte, seconded by Reuvers to recommend to City Council approval of an amendment to Section 11-23-15.T of the Lakeville Zoning Ordinance concerning changeable copy signs, as presented. Ayes: Drotning, Swenson, Einck, Kaluza, Reuvers, Witte Nays: 0 There being no further business, the meeting was adjourned at 7:42 p.m. Planning Commission Meeting Minutes, July 19, 2018 Page 10 Respectfully submitted, Penny Brevig, Recording Secretary