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HomeMy WebLinkAboutItem 03 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES December 20, 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, Jeff Witte, Jason Swenson, Karl Drotning, Brooks Lillehei, Scott Einck, Paul Jarvis Members Absent: Vice Chair Jason Kelvie, Ex-officio Mike Lamm Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Kris Jenson, Associate Planner; Joe Powers, Project Engineer; Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The December 3, 2018 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that the January 3rd Planning Commission meeting is cancelled. The next scheduled meeting will be January 17th. He also indicated that there will be a work session at the meeting on January 17th to discuss the 2040 Comprehensive Plan. 5. Jerry Tongen Chair Kaluza opened the public hearing to consider the application of Jerry Tongen for the vacation of a public drainage and utility easement located at 8333 – 210th Street. Jerry Tongen and Glenn Nord, representing Mr. Tongen were in attendance at tonight’s meeting. Mr. Nord presented a brief overview of the request. He showed a survey of Mr. Tongen’s property with the location of the drainage and utility easement that they are requesting be vacated. Mr. Nord also asked if the $1,200 vacation application fee and escrow could be waived. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey explained that the purpose of the vacation is to clear the property title along the west boundary of the property line that runs through the existing building, which includes multiple commercial tenant spaces. Mr. Dempsey stated that the easement was dedicated in 2005 as a stipulation of a CUP allowing Mr. Tongen to operate a recreational vehicle repair business on the Planning Commission Meeting Minutes, December 20, 2018 Page 2 property. The easement was required to correct a pre-existing non-conforming condition. Mr. Dempsey stated that the utility companies with a potential interest in this easement vacation were notified and had no concerns. Mr. Dempsey reviewed the current conditions of the subject property and past conditional use permits that were granted for this property. A recent inspection of the property indicated several violations of the Zoning Ordinance and of the requirements of approved conditional use permits (CUP), which are listed in the December 7, 2018 planning report. Mr. Dempsey indicated that City staff will work with the property owner and tenant to gain compliance of the Zoning Ordinance and CUP requirements. Mr. Dempsey stated that staff recommends approval of the easement vacation as described in Exhibit B of the December 7, 2018 planning report. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Swenson, seconded by Lillehei to close the public hearing at 6:10 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Discussion points included: • Commissioner Drotning confirmed that the legal description of the easement that is being vacated was prepared by the property owner’s surveyor. • The request to waive the application fee for this easement vacation is not the Planning Commission’s prevue. Mr. Morey stated that the request will be reviewed administratively. Motion was made by Lillehei, seconded by Einck to recommend to City Council approval of the vacation of a public drainage and utility easement located at 8333 – 210th Street, as presented. Ayes: Swenson, Einck, Lillehei, Kaluza, Jarvis, Witte, Drotning Nays: 0 6. Kevin Komorouski Chair Kaluza opened the public hearing to consider the application of Kevin Komorouski for a conditional use permit to allow a commercial recreation use (indoor Planning Commission Meeting Minutes, December 20, 2018 Page 3 golf simulator) in the I-1, Light Industrial District located on the west side of Heron Way, south of 210th Street. Becky Guenther from ISG presented a brief overview of the request. The building will have three tenants, including an office-warehouse business, a member only indoor golf simulator, and a third tenant yet to be determined. She indicated there would no full-time staff for the golf simulator. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that the conditional use permit (CUP) would allow an indoor golf simulator commercial recreation use in a new 6,720 square foot building with three tenant spaces that would be constructed at 21045 Heron Way. The golf simulator will have 3 stations, with up to 4 people per station. Ms. Jenson briefly described the golf simulator business. The proposed building meets all setback requirements of the I-1 District. The lot that is proposed for construction with this CUP is one of the lots which is permitted to exceed 25% impervious surface area per CUP 99-11. The site is proposed to have 68.3% impervious surface area. The December 12, 2018 staff report reviews the performance standards for CUP’s. Ms. Jenson stated that adequate parking is one of the standards that must be met. She reviewed the proposed parking in detail. The required parking spaces was determined to be 26 spaces based on the City planning consultant’s review of ITE parking standards. Ms. Jenson commented that the stormwater basins and ponding meet the Zoning Ordinance requirements. There will be three privately owned and maintained stormwater management basins and one catch basin. The basins will provide water quality treatment, volume reduction and rate control of the stormwater runoff generated from the proposed site improvements. Ms. Jenson stated that staff recommends approval of the conditional use permit subject to the six stipulations listed in the December 12, 2018 planning report, and adoption of the Findings of Fact dated December 20, 2018. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Lillehei, seconded by Witte to close the public hearing at 6:19 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Discussion points included: Planning Commission Meeting Minutes, December 20, 2018 Page 4 • Impervious surface area was discussed. Ms. Jenson stated that in conjunction with the Airlake Development 4th Addition final plat, a CUP was approved to allow certain lots to exceed Shoreland Overlay District requirements. Staff encourages developers to proceed in this manner as part of the platting process for the original proposed development of the property. • Project Engineer Joe Powers explained the infiltration basins on the site. • Commissioner Swenson expressed appreciation for the multiple uses in the same building having different hours of operation to help with parking demand. He also expressed appreciation for the planning consultant’s input on parking. • Commissioner Witte asked if there would be any on-site concessions? Ms. Guenther stated there would be no on-site concessions, but there may be vending machines. Motion was made by Drotning, seconded by Einck to recommend to City Council approval of the Kevin Komorouski conditional use permit to allow a commercial recreation use (indoor golf simulator) in the I-1, Light Industrial District located at 21045 Huron Way, and adoption of the Findings of Fact dated December 20, 2018, subject to the following stipulations: 1. The recommendations listed in the December 12, 2018 engineering report. 2. The site plans and building construction shall be developed in accordance with the plans approved by the City council. 3. 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. 4. Landscaping shall be installed consistent with the approved landscape plan. A $10,958.50 security shall be submitted with the building permit application to guarantee installation for the approved landscaping. 5. No H (Hazardous) Occupancy tenants are allowed in the multiple tenant industrial building as long as the commercial recreation use is a tenant in the same building. 6. If any future tenants of the building being jointly occupied by this commercial recreation use require material Safety Data Sheets (MSDS), the building owner shall notify the City and provide the City with copies of the MSDS documents. Ayes: Einck, Lillehei, Kaluza, Jarvis, Witte, Drotning, Swenson Nays: 0 7. Kwik Trip (Dodd Boulevard) Chair Kaluza opened the public hearing to consider the application of KT Real Estate Holdings, LLC for a conditional use permit to allow an expansion of the Kwik Trip convenience store building located at 20187 Dodd Boulevard. Bjorn Berg from Kwik Trip presented a brief overview of their request. He indicated they have not done many improvements over the past 23 years to this site. They want to add a more functional and efficient layout for the kitchen. He indicated there are constraints on this property. They plan to relocate the dumpster enclosure to the Planning Commission Meeting Minutes, December 20, 2018 Page 5 southeast side of the building. They plan to add parking to the south side of the property to meet parking requirements, and they will comply with the landscaping from the original CUP by replacing the dead landscaping along Dodd Boulevard. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Kwik Trip has applied for a conditional use permit (CUP) amendment to allow an expansion of the existing convenience store (CUP 95-07) for an additional kitchen and food preparation area. Kwik Trip is in compliance with the stipulations of CUP 95-07 with the exception of Stipulation No. 3 (landscaping). The landscaping in place along Dodd Boulevard was removed because some of the plants had died. Mr. Dempsey stated that Kwik Trip has agreed to replace the dead landscaping along Dodd Boulevard and provide new landscaping adjacent to the new parking spaces in compliance with Zoning Ordinance requirements. Mr. Dempsey stated that 16 parking spaces will be required with the proposed addition. Kwik Trip is proposing 18 spaces. Eight new parking spaces will be constructed south of the fuel canopy. To accommodate the 444 square foot addition onto the west side of the building, the existing trash enclosure will be relocated to the southeast side of the building. Mr. Dempsey stated that staff recommends approval of the Kwik Trip conditional use permit amendment, subject to the seven stipulations listed in the December 14, 2018 planning report, and adoption of the Findings of Fact dated December 20, 2018. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Lillehei, seconded by Swenson to close the public hearing at 6:32 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. The Planning Commission expressed appreciation that Kwik Trip is expanding and addressing non- conformities on the site. Motion was made by Lillehei, seconded by Drotning to recommend to City Council approval of the Kwik Trip conditional use permit amendment to allow an expansion of the Kwik Trip convenience store building located at 20187 Dodd Boulevard, subject to the following stipulations, and adoption of the Findings of Fact dated December 20, 2018: 1. The site and building improvements shall comply with the plans approved by the City Council. 2. A building permit is required prior to commencing any building improvements. Planning Commission Meeting Minutes, December 20, 2018 Page 6 3. The species of shrubs must be revised on the landscape plan to comply with minimum planting size and mature growth height requirements to provide the required screening of the parking area. 4. The new gate screening the trash/recycling storage area shall be constructed of durable, maintenance free material. 5. A $5,000 financial security shall be submitted to guarantee installation of the landscaping. 6. All parking spaces and drive aisles shall be paved with bituminous or concrete. 7. Conditional Use Permit 95-07 shall remain in full force and effect. Ayes: Lillehei, Kaluza, Jarvis, Witte, Drotning, Swenson, Einck Nays: 0 There being no further business, the meeting was adjourned at 6:34 pm. Respectfully submitted, Penny Brevig, Recording Secretary