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HomeMy WebLinkAbout11-01-18 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES November 1, 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, Vice Chair Jason Kelvie, Karl Drotning, Jeff Witte, Scott Einck, Jason Swenson, Ex-officio Mike Lamm, Commissioner Lillehei arrived at 6:20 p.m. Members Absent: None Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner, Kris Jenson, Associate Planner, Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The September 20 and October 18, 2018 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that a revised building elevation plan for Four Square Preschool and Daycare had been distributed to the Planning Commission members at tonight’s meeting. 5. Kyla Harder Chair Kaluza opened the public hearing to consider the application of Kyla Harder for a variance from the bluff impact zone setback requirements to allow the construction of a deck in the RS-3, Single Family Residential District and Lake Marion shoreland th Overlay District, located at 10341 – 204 Street. Kyla Harder provided a brief overview of her project. Mr. Dempsey presented the planning report. Mr. Dempsey stated that a variance is required to allow an expanded deck within the minimum 20-foot setback to the bluff edge of Lake Marion. Ms. Harder’s property is located in the Shoreland Overlay District and is located within the bluff impact zone. Mr. Dempsey reviewed Ms. Harder’s lot regarding depth, setbacks and slopes. He indicated that Ms. Harder met with the Planning Commission at their September 6, 2018 work session to discuss the proposed deck and to get the Planning Commission’s feedback on her variance request. The Planning Commission recommended the survey be revised to clearly delineate the 50-foot OHWL and 20- Planning Commission Meeting Minutes, November 1, 2018 Page 2 foot bluff setback lines. Mr. Dempsey indicated that the Planning Commission did not express support for increasing the non-conformity of the existing deck by allowing additional deck area to extend into the 50-foot OHWL setback. Ms. Harder has revised her survey to show a 14 to 15.7-foot wide by 26-foot long deck on the east side of the house in compliance with the OHWL minimum 50-foot setback requirement. Mr. Dempsey reviewed the existing non-conforming conditions of Ms. Harder’s property along with responses to the Zoning Ordinance variance criteria, which are listed in the October 25, 2018 planning report. Mr. Dempsey stated that staff recommends approval of the Kyla Harder variance, subject to the four stipulations listed in the October 25, 2018 planning report, and adoption of the Findings of Fact dated November 1, 2018. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Kelvie, seconded by Swenson to close the public hearing at 6:07 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. The Planning Commission members agreed that Ms. Harder had revised her plans as the Planning Commission had requested when they reviewed her original plans at the September th 6 work session. Motion was made by Drotning, seconded by Einck to recommend to City Council approval of the Kyla Harder variance from the bluff impact zone setback requirements to allow the construction of a deck in the RS-3, Single Family Residential District and th Lake Marion Shoreland Overlay District, located at 10341 – 204 Street, subject to the following stipulations, and adoption of the Findings of Fact dated November 1, 2018: 1. The deck shall be constructed in compliance with the survey/site plan approved by the City Council. 2. Any disturbed soils resulting from the deck construction shall be restored and established with suitable groundcover immediately after work in that area is completed. 3. The deck shall be designed and constructed to allow water to pass through to a pervious surface area below the deck. The area below the deck shall remain a pervious surface and shall not include concrete, bituminous or paver brick or similar impervious surface area. 4. All efforts shall be made to preserve and protect the tree adjacent to the northeast corner of the proposed deck. If the tree is damaged or removed before or during Planning Commission Meeting Minutes, November 1, 2018 Page 3 construction of the deck, the tree shall be replaced on the property between the house and the OHWL with two similar species of tree in compliance with Section 11-21 (Landscaping) of the Zoning Ordinance. Ayes: Swenson, Einck, Kaluza, Kelvie, Witte, Drotning Nays: 0 6. Southfork West Chair Kaluza opened the public hearing to consider the application of Valerian, LLC for a Zoning Map amendment to rezone property from C-3, General Commercial District to PUD, Planned Unit Development, located at 17630 Juniper Path. Michael Margulies from Valerian, LLC provided an overview of the request. Mr. Margulies stated that they have reviewed and will comply with the stipulations listed in the October 26, 2018 planning report. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the applicant is requesting rezoning of the property and the building previously occupied by Schneiderman’s Furniture showroom from C-3, General Commercial District to PUD, Planned Unit Development District. The applicant is requesting the rezoning to allow the introduction of low occupancy, variable peak traffic businesses as a means of managing the limited number of available parking spaces on site. The building has been a single tenant building previously occupied as a furniture showroom and warehouse use. The applicant is proposing to convert the building to a multi-tenant commercial building. Rezoning the property to PUD would allow multi- tenant occupancy by a restricted selection of possible tenants and a reduced number of parking spaces on the property. Mr. Dempsey stated the October 26, 2018 planning report lists the uses proposed to be allowed in this PUD District, which are generally the lower intensity C-3 District uses. Mr. Dempsey described the history of the building and the existing tenants. He also listed possible future tenants of the building, which are identified in the applicant’s narrative attached to the October 26, 2018 planning report. The Zoning Ordinance currently requires multi-tenant commercial buildings to provide one parking space for each 160 square feet of floor area (532 spaces would be required). An inventory of existing on-site parking submitted with the rezoning application identifies 189 existing parking spaces, 22 parking spaces less than required with the 1996 PUD/CUP and parking deferment agreement. Mr. Dempsey stated that the deferment of 70 parking spaces approved in 1996 will remain in force. The planning report recommends that a minimum of 22 additional parking spaces shall be constructed on site in compliance with the 1996 parking deferment no later than June 1, 2019. Planning Commission Meeting Minutes, November 1, 2018 Page 4 Mr. Dempsey stated that the transition of the property will require careful management of variable peak day and peak hour businesses in relation to the balance of available off-street parking. Mr. Dempsey stated that staff recommends approval of the Zoning Map amendment, subject to the five stipulations listed in the October 26, 2018 planning report and adoption of the Findings of Fact dated November 1, 2018. Chair Kaluza opened the hearing to the public for comment. nd Roz Peterson, 12295 – 162 Street Ms. Peterson is the President of D & T Properties Inc., owners of the original Southfork Center. She does not have any issues with the PUD rezoning application as it stands right now, but she wanted to point out the following:  The road that runs between Southfork Center and the applicant’s building is a private drive, not a public road. It is for the sole use of the two private properties. They want to make sure there are no storefronts off the back of the building with the public using the private drive. The trash enclosures behind the buildings are not visible to the public. The trash enclosures get hit by the garbage trucks and need constant repair.  She would like the 22 additional parking stalls required to be constructed to be in the southeast corner of the site so they can use them too for employee parking. Motion was made by Kelvie, seconded by Drotning 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:  Mr. Dempsey clarified that there is a recorded shared access agreement between Southfork Center and the applicant’s building that was recorded when the properties were subdivided.  The applicant was not able to specifically name any of the proposed tenants. He agreed that they would have to be tenants that do not overburden the on- site parking.  The applicant confirmed that any public accesses would not be in the loading dock area behind the building.  The applicant stated that they would work with the City as to where the additional 22 parking spaces would be located so people do not end up parking on the street.  The Planning Commission agreed that the PUD rezoning is a great idea. It allows for more flexibility for the use of the building. They were very happy to see the building getting repurposed. Planning Commission Meeting Minutes, November 1, 2018 Page 5  Commissioners Drotning and Swenson did not want the back side of the building to become retail space.  The applicant indicated that they are working out lease agreements to make sure they meet the requirements of the City. If they get the building fully leased, it will be to everyone’s advantage to ensure the tenants and the customers have enough parking on-site.  As long as the applicant understands that parking on City streets and private drives will not be allowed, and that the private drive/loading area will not be for customer access, the Planning Commission felt that an additional stipulation was not necessary. Motion was made by Drotning, seconded by Swenson to recommend to City Council approval of the Southfork West Zoning Map amendment to rezone property from C-3, General Commercial District to PUD, Planned Unit Development, located at 17630 Juniper Path, subject to the following stipulations, and adoption of the Findings of Fact dated November 1, 2018: 1. A building permit is required prior to commencing remodeling of the interior tenant spaces. 2. A minimum of 22 additional parking spaces shall be constructed on site in compliance with the 1996 parking deferment no later than June 1, 2019. 3. A total of six handicapped accessible parking spaces is required to be compliant with the Minnesota handicapped accessible parking requirements. 4. Outdoor trash containers shall be stored within a Zoning Ordinance compliant enclosure. The site plan shall be amended to identify the location of any new trash enclosures. 5. The ordinance rezoning the property to PUD shall prohibit the uses listed on pages 2 and 3 of this report, as may be amended by the Planning Commission and City Council. Ayes: Einck, Lillehei, Kaluza, Kelvie, Witte, Drotning, Swenson Nays: 0 7. Four Square Preschool and Daycare Chair Kaluza opened the public hearing to consider the application of Four Square Preschool and Daycare for a conditional use permit to allow a daycare facility, located th west of Glacier Way and south of 175 Street. Joe Conti and Jack Matasosky from APPRO Development were in attendance representing Four Square Preschool and Daycare. Phillip and Amy Shaves, the owners of Four Square Preschool and Daycare were also in attendance. Mr. Matasosky provided an overview of the request. He wanted the Planning Commission to consider the revised exterior building materials for the north elevation that were distributed at tonight’s meeting. Ms. Shaves explained the history of the daycare facility and how they have outgrown their current space. She indicated that Pastor Paul from Crossroads Church suggested the separate building option that they are currently proposing. Planning Commission Meeting Minutes, November 1, 2018 Page 6 Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that Four Square Preschool and Daycare is requesting a CUP to allow the construction of a daycare facility south of Crossroads Church at 17671 Glacier Way. The subject property is zoned PUD. The project will include seven classrooms, a small gymnasium, gathering room, a kitchen, and office space. Ms. Jenson stated that in 2012 a CUP for Four Square Preschool and Daycare was approved as an accessory use within the Crossroads Church facility. This application is for a new CUP because the daycare will be located in a new building with a proposed capacity of 200 children. Ms. Jenson reviewed the pertinent performance standards of the Zoning Ordinance for this CUP, which are listed in the October 25, 2018 planning report. Regarding parking, Ms. Jenson had a conversation earlier in the day with Commissioner Drotning as to whether there is a cross parking agreement for this site. She indicated that the Zoning Ordinance does not require it, but there is a CIC Plat proposed for this site and it shows the parking area to be a Limited Common Element (LCE) that will allow shared parking between the Four Square Preschool and Daycare, Crossroads Church, and Christian Heritage Academy uses. Ms. Jenson referred to the applicant’s comment regarding amending the north portion of the daycare’s building material with 55% brick and 45% stucco. This is not visible from the public right of way and basically ends up being an alley between the daycare and the church. This would still meet the requirements of the Zoning Ordinance. Ms. Jenson indicated that the photometric plan was included in the packet materials so stipulation number 5 will be removed. She would like to add the following as a replacement to the original stipulation 5: 5. Prior to issuance of a certificate of occupancy for Four Square Preschool and Daycare, a CIC Plat showing the parking area on the subject property as a Limited Common Element must be recorded. Ms. Jenson stated that staff recommends approval of the conditional use permit, subject to the amended five stipulations listed in the October 25, 2018 planning report and adoption of the Findings of Fact dated November 1, 2018. Chair Kaluza opened the hearing to the public for comment. Lavonne Hatch, 17625 Glasgow Way Ms. Hatch expressed concern with increased traffic at the intersection of Glacier Way and Dodd Boulevard. She felt that this was a very dangerous intersection that needed a roundabout or traffic signal. Motion was made by Kelvie, seconded by Einck to close the public hearing at 7:14 p.m. Planning Commission Meeting Minutes, November 1, 2018 Page 7 Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Discussion points included:  Ms. Jenson addressed Ms. Hatch’s traffic concerns. She explained that the Glacier Way and Dodd Boulevard intersection will have a traffic signal installed next summer.  Mr. Drotning agreed that the CIC Plat was a wonderful idea.  Commissioner Swenson thanked the public for their comments and stated the Planning Commission takes them very seriously. He encouraged the public to use the resources that are available on the City’s website or at City Hall for any questions they have in the future. Motion was made by Kelvie, seconded by Swenson to recommend to City Council approval of the Four Square Preschool and Daycare to allow a daycare facility, located th west of Glacier Way and south of 175 Street, subject to the following stipulations, and adoption of the Findings of Fact dated November 1, 2018: 1. The site and building shall be developed in accordance with the plans approved by the City Council. 2. A building permit is required prior to commencing construction. The construction shall be completed in accordance with the approval of the Building Official and Fire Marshal. 3. Landscaping shall be installed consistent with the approved landscape plan. A $13,000 escrow shall be submitted with the building permit application to guarantee installation of the approved landscaping. 4. A sign permit is required prior to the installation of any signs. 5. Prior to issuance of a certificate of occupancy for Four Square Preschool and Daycare, a CIC Plat showing the parking area on the subject property as a Limited Common Element must be recorded. Ayes: Lillehei, Kaluza, Kelvie, Witte, Drotning, Swenson, Einck Nays: 0 There being no further business, the meeting was adjourned at 7:24 pm. Respectfully submitted, Penny Brevig, Recording Secretary