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HomeMy WebLinkAbout02-15-07 CITY OF LAKEVILLE Planning Commission Meeting Minutes • FEBRUARY 15, 2007 The February 15, 2007 Planning Commission meeting was called to order by Chair Swecker in the City Hall Council Chambers at 6:00 p.m. Flag Pledge.. Present: Manikowski, Stolte, Swecker, Pattee, Grenz, Drotning, Ex-officio Gerl. Absent: None. Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Kris Jenson, Associate Planner; Jay Rubash, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The February 1, 2007 Planning. Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey indicated the following item was distributed to the Planning Commission members and staff before tonight's meeting. 1. The February 14, 2007 Parks, Recreation and Natural Resources Committee meeting minutes regarding the Kenrick Corner preliminary and final plat and Oak Corner Development. ITEM 5. SPIRIT OF BRANDTJEN FARM LAKEPOINTE ADDITION Chair Swecker opened the public hearing to consider the application of Charles Cudd, LLC for the vacation of public drainage and utility easements in Spirit of Brandtjen Farm 2nd Addition, located north of 170 Street and west of Eagleview Drive, and to consider the final plat (re-plat) of 31 townhouse .units/lots and four common area lots to be known as Spirit of Brandtjen Farm Lakepointe Addition. Assistant City Attorney Poehler attested that the .legal notice had been duly published in accordance with State Statutes and City Code. Rob Wachholz from Tradition Development and John Sonnek from Charles Cudd, LLC presented an overview of their request. Mr. Wachholz indicated that the modification .from three-unit townhomes to two-unit townhomes is due to the market demand for end unit townhomes. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that Charles Cudd, LLC representatives have submitted an application for the final Planning Commission Meeting February 15, 2007 Page 2 • plat of Spirit. of Brandtjen Farm Lakepointe Addition, which is a re-plat of 31 townhome unit lots and four common area lots from Spirit of Brandtjen -Farm 2nd Addition. He indicated which lots are being re-platted and that these lots are located north of 170 Street between Eagleview Drive and East Lake Drive. In conjunction with the final plat, Mr. Morey stated that the developer has submitted an application to vacate the existing blanket public drainage and utility easements located within the four common area lots being re-platted. He indicated that new drainage and utility easements are shown over the four re-platted common. area lots on the Spirit of Brandtjen Farm Lakepointe Addition final plat. Mr. Morey indicated that the final plat plans comply with the Spirit of Brandtjen Farm PUD requirements, except the five foot interior side yard setback proposed for the townhome to be located on Lot 12, Block 1, which staff supports given that it is located adjacent to a storm water pond and not a single family home. Mr. Morey stated that no utilities, streets, or grading modifications are required with the Spirit of Brandtjen Farm Lakepointe Addition final plat because the improvements were made with the original development of Spirit of Brandtjen Farm 2nd Addition. Mr. Morey stated that should the Planning Commission recommend to the City Council approval of the Lakepointe Addition final plat and easement vacation, Planning Department staff recommends approval subject to the 2 stipulations listed in the February 9, 2007 planning report. Chair. Swecker opened the hearing to the public for comment. There were no comments from the audience. 07.06 Motion was made and seconded to close the public hearing at 6:10 p.m. Ayes: 6 Nays: 0 Chair Swecker asked about guest parking for Spirit of Brandtjen Farm 2nd Addition. Mr. Morey explained that the 10 "proof of parking' guest parking approved with Spirit of Brandtjen Farm 2nd Addition have. been relocated to reflect the revised townhouse building locations proposed with Spirit of Brandtjen Farm Lakepointe Addition. Chair Swecker asked if the streets were public or private in Spirit of Brandtjen Farm Lakepointe Addition, and if the private streets had to adhere to the winter parking Planning Commission Meeting February 15, 2007 Page 3 rules. Mr. Morey indicated that there were both public and private streets. Commissioner Gerl stated that the winter parking rules only apply to public streets. 07.07 Motion was made and. seconded to recommend to City Council approval of the Spirit of Brandtjen Farm Lakepointe Addition final plat and vacation- of public drainage .and utility easements, subject to the 2 stipulations listed in the February 9, 2007 planning report. Ayes: Manikowski, Stolte, Swecker, Pattee, Grenz, Drotning. Nays: 0 ITEM 6. KENRICK CORNER Chair Swecker opened the public hearing to consider the application of Mark Zweber for the preliminary and final plat of two commercial lots and two outlots to be known as Kenrick Corner, located at the northeast corner of Kenrick Avenue and 205 Street. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Developer Mark Zweber; Bob Vogel, owner of New Market Bank; and Steve Love, Jacobson Engineers and Surveyors, were present at tonight's meeting. Mr. Zweber presented an overview of his request. Associate Planner Frank Dempsey presented .the planning report. Mr. Dempsey stated -that the proposed Kenrick Corner preliminary and final plat will include a full service restaurant on Lot 1 and a bank with drive-through service and a dentist office as a second tenant on Lot 2. He indicated that Outlot A will remain under the ownership of the developer for future commercial development but will include the construction of a landscaped berm along the north property line in cooperation with the Springbrook townhome homeowner's association. Mr. Dempsey reviewed the history of the subject site along with existing conditions. He stated that the Kenrick Corner proposed lots exceed the minimum lot area and .lot width requirements of the Zoning Ordinance. Mr. Dempsey showed a ghost site plan for the future commercial development of Outlot A, which will require a separate preliminary and final plat and public hearing for approval. He indicated that Outlot B will include the expansion of the existing stormwater basin near the southeast corner of the site and will be deeded to the City with the final plat. Planning Coxrunission Meeting February 15, 2007 Page 4 Mr. Dempsey displayed an overall site plan which included accesses, trash enclosures, turn lanes, trails, .and sidewalks proposed with the Kenrick Corner development. He .also reviewed tree preservation, building setbacks, parking lot requirements, and landscaping and screening requirements, which are described in detail in the February. 9, 2007 planning report. Mr. Dempsey stated that the site is designed to allow cross access and circulation between Lots 1 and 2 and Outlot A to and from 205th Street and Kenrick Avenue. He indicated that a signed cross access easement must be submitted in recordable form prior. to .City Council consideration of the preliminary and final plat. Mr. Dempsey reviewed the building design and architecture of the restaurant and the bank/ dental office building. He indicated that snow storage will be available around the perimeter of the site and within Outlot B, and will be trucked off-site, if necessary, so the. snow storage does not occur within parking stalls or drive aisles. Mr. Dempsey stated that Stipulation 11 in .the February 9, 2007 planning report should be deleted as it has been satisfied. Also, under Stipulation 15, he indicated that it should read ...along the north side of 205th Street.... Mr. Dempsey stated that should the Planning .Commission recommend to the City Council approval of the preliminary and final plat, Planning Departrnent staff recommends approval subject to the amended stipulations listed in the February 9, 2007 planning report. Chair Swecker opened the hearing to the public for comment. Mark Frick, 11154 - 204th Street W. Mr. Frick lives in the Springbrook townhouse development located north of Kenrick Corner.. He had the following concerns: ? Construction timeframe. ? Screening of headlights from the bank drive-through. ? Impact of added traffic. ? Parking lot lighting. ? Any plans for the intersection of 205th Street and Kenrick Avenue. 17.08 Motion was made and seconded to close the public hearing at 6:35 p.m. Ayes: 6 Nays: 0 Planning Commission Meeting February 15, 2007 Page 5 The Planning Commission, developer, and staff responded to Mr. Frick's concerns. Mr. Zweber stated that he would like to start grading in the spring and site grading would take about two weeks. He stated that building construction would take 2-3 months. Mr. Dempsey explained the berming and screening along the north property line and indicated .that the .berm could be extended to the east property line. Chair Swecker agreed with extending the berm. The Planning Commission had a discussion regarding Kenrick Avenue and what improvements would be needed due to this development proposal. City staff felt that the proposed development was not going to include high traffic .volume businesses and that Kenrick Avenue and 205 Street, with the widening and turn lanes recommended by staff, could handle the expected traffic. Mr. Rubash indicated that improvements to Kenrick Avenue are not in the current CIP. Mr. Dempsey explained how the lighting for the parking lot is measured and that there would be no glare of lights onto adjacent properties or streets with -the proposed 25 foot light poles and fixtures. Commissioner Grenz asked about the excess Kenrick Avenue right-of-way at the corner of Kenrick Avenue and 205 Street and who will maintain this area. Mr. Rubash confirmed with Mr. Zweber that this right-of-way area will be mowed and maintained by the property owner. Commissioner Grenz confirmed with staff that the driveway spacing requirements are being met. He also asked if any outdoor seating was being proposed at the restaurant. The restaurant owner indicated that the patio as it is proposed now is for smokers and not intended for any outdoor seating; however, he would like to keep his options open to add outdoor seating at a future date. Mr. Morey explained that if there was outdoor seating, the restaurant and the bank could share parking, so there would likely be enough parking to handle the seasonal demand for the outdoor seating area. Commissioner Stolte liked the proposed landscaping and berming and also agreed that the berm along the north property line should be extended to the east property Iine. He felt that the-ghost site plan for Outlot A "was a little tight." Commissioner Drotning added, that he does not like the proposed parking layout on the south side of the ghost site plan because it includes parking stalls located directly off of the main driveway serving the entire Kenrick Corner development Planning Commission Meeting February 15, 2007 Page 6 and he informed Mr. Zweber that the Planning Commission would not support this proposed site design. Chair Swecker agreed. with Commissioner Drotning's comments on the ghost site plan. .She wanted a stipulation added to be sure that there was no trash pick-up between 10:00 p.m. and 7:00 a.m. due to the development's proximity to residential neighborhoods. Chair Swecker asked if the roof top mechanicals would be screened. Mr. Dempsey indicated that the restaurant mechanical equipment will be located on the roof near the rear of the building and will be screened with a minimum 4 foot tall parapet wall. The mechanical equipment for the bank/ dental office building will include ground-mounted condensers located on the north. side of the building and will be screened with landscaping. Executive Director of the Lakeville Chamber of Commerce Todd Bornhauser asked if Kenrick Avenue would be the detour. for the County Road 70/ I-35 Interchange reconstruction project. Mr. Rubash explained that the interchange improvements would be a two year project and that a traffic detour plan is being prepared in conjunction with Dakota County and MnDOT. The following amendments were- suggested to the February 9, 2007 planning report: ? Add to Stipulation 4: "The landscaped screen berm on Outlot A shall extend to the east property line and shall be ? Delete Stipulation 11. ? Amend Stipulation 14 to read: "Restaurant deliveries and trash removal..." ? Amend Stipulation 15 to read ..."along the sett north side of 205 Street. " 07.09 Motion was made and seconded to recommend to City Council approval of the Kenrick Corner preliminary and final plat of two commercial lots and two outlots, located at the northeast corner of Kenrick Avenue and 205 Street, subject to the 17 stipulations listed in the February 9, 2007 planning report, as amended. Ayes: Stolte, Swecker, Pattee, Grenz, Drotning, Manikowski. Nays: 0 ITEM 7. OAK CORNER DEVELOPMENT Chair Swecker opened the public hearing to consider the application of Ginkgo Properties, LLC for the following, located south of 185 Street (CSAH 60) and east of Planning Commission Meeting :.February 15, 2007 Page 7 • Kenwood Trail (CSAH 50): Conditional Use Permit to allow shared office parking facilities and Variance for existing sign structure setback. Assistant City Attorney Poehler attested that the legal notice had been duly published. in accordance with State Statutes and City Code. Jim Connelly from APPRO Development and one of the owners of the property, Dr. John Mittelsteadt, were present at tonight's meeting. Mr. Connelly presented an overview of the request. He indicated that the tenants of the proposed building would be similar to the tenants in the existing building. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that Ginkgo .Properties, LLC has submitted an application for a conditional use permit and variance for property currently platted as Oak Corner Development. If these two planning actions are .approved, the property owners will request an administrative subdivision to split the property into two lots due to financing on the property. She indicated that the intent is to construct a third building on the east side of the property and add parking spaces to meet Zoning Ordinance requirements. Ms. Jenson reviewed the site plan.. She indicated that the proposed future lots meet the requirements of the Zoning Ordinance, including building setbacks, height, and materials. Ms. Jenson discussed the parking requirements .She stated that because six of the parking spaces necessary to meet the parking requirement for the existing buildings .will be located."off site' on the lot to be created for the new building, a conditional use permit is required. Ms. Jenson reviewed the applicable criteria for a conditional use permit outlined in the Zoning Ordinance, which are listed in detail in the February 9, 2007 planning report. She indicated that. due to the proposed administrative subdivision, a cross access agreement must be executed prior to consideration by the City Council to ensure that both parcels have driveway access to a public street. And, because the parking will be shared across property lines, a shared parking agreement must be executed prior to City Council consideration of the CUP and variance. Ms Jenson explained that the developer will need a variance due to the proposed dedication of a roadway easement at the northwest corner of the. site for a future right turn lane at Kenwood Trail. She indicated that the setback for the existing sign structure will be reduced upon dedication of the roadway easement, thus making the existing structure non-conforming. Ms. Jenson stated that this is considered a • minor variance due to the hardship being created as a result of government action. Planning Commission Meeting February 15, 2007 Page 8 Ms. Jenson stated that a neighborhood meeting was held on January 25, 2007 with the developer and staff in attendance. One neighbor attended the meeting who was interested. in viewing the plans for the expansion. Ms. Jenson stated that should the Planning Commission recommend to the City Council approval of the conditional use permit and variance, Planning Department staff recommends approval subject to the 14 stipulations listed in the February 9, 2007 planning report, and approval of the Findings of Facts dated February 15, 2007. Chair Swecker opened the hearing to the public for comment. Denise and Robert Wolff, 18640 Kenwood Trail Denise and Robert Wolff live directly south of the. Oak Corner Development on Kenwood Trail. Their concerns are: ? The location of the proposed parking lot is closer to their house than the existing parking lot. ? The size of the landscaping proposed along their shared property line. ? Trash enclosure location. ? Parking lot lighting. ? Security. ? .Hours of operation. ? Traffic on 185 Street and Kenwood Trail ? Will a trail be constructed along 185 Street. ? Wanted to see the 14 stipulations from the planning report that were referred by Ms. Jenson. 07.10 Motion was made and seconded to close the public hearing at 7:34 p.m. Ayes: 6 Nays: 0 The Planning Commission and staff responded to Ms. Wolff's concerns. Mr. Connelly indicated the hours of operation would not change from the daytime hours that are currently in affect. He also identified the new location for the. trash enclosure. Staff indicated that the existing driveway access at 185 Street will not change. Mr. Rubash stated that eventually when 185 Street is upgraded, it will likely be restricted by Dakota County to right-in, right-out only. • Planning Commission Meeting February 15, 2007 Page 9 • Mr. Rubash stated that the existing trail on the south side of 185 Street will likely be extended east of the existing Oak Corner Development driveway in the future when 185 Street is upgraded. Ms. Jenson stated that the .new parking lot lighting would be consistent with the existing lighting. The Planning Commission discussed the existing trees proposed to be saved and the new trees that will be added along the south and east property lines, adjacent to the existing single family homes. Commissioner Manikowski asked about snow removal. Mr. Connelly indicated that there was room on-site for snow storage. Commissioner Pattee asked Commissioner Gerl about security. Commissioner Gerl indicated that he did not see any hidden spots on the site plan and that a squad car spotlight should reach all the corners of the site. He also stated that the parking Iot lighting helps police patrol the site after business hours. • Commissioner Pattee asked if there would be a problem with headlight glare. Mr. Rubash confirmed that because the parking is significantly lower than the Wolff's home, they should not have a problem with headlight glare. 07.11 Motion was made and seconded to recommend to City Council approval of the Oak Corner Development Conditional Use Permit to allow shared office parking. facilities and Variance for existing sign structure setback, subject to the 14 stipulations listed in the February 9, 2007 planning report and approval of the Findings of Facts dated February 15, 2007. Ayes:. Swecker, Pattee, Grenz, Drotning, Manikowski, Stolte. Nays: 0 ITEM 8. CITY OF LAKEVILLE Chair Swecker opened the public hearing to consider amendments to the Lakeville City Code concerning: Title 3, Chapter 10, Sexually Oriented Businesses and Title 11, Chapter 34, Sexually Oriented Uses. Assistant City Attorney Poehler .attested that the legal notice had been duly published in accordance with State Statutes and City Code. . Planning Director Daryl Morey presented the ..planning report. Mr. Morey stated that during Last year's legislative session, a new Iaw was passed that regulates adult Planning Commission Meeting February 15, 2007 Page 10 entertainment. establishments statewide. He indicated that since the City already has codes and ordinances in place to address adult entertainment establishments, the LMC and City Attorney are recommending that we opt out of the state .law in order to avoid any potential unintended conflicts between the. state law and .our existing codes and ordinances. Mr. Morey stated that the City Council directed staff to amend the City Code to opt out of the state law at .their January 22, 2007 Work Session. He stated that staff recommends approval of the City Code amendment as presented. Chair Swecker opened the hearing to the public for comment. There were no comments from. the audience. 07.12 Motion was made and seconded to close the public hearing at 7:55 p.m. Ayes: 6 Nays: 0 Commissioner Stolte asked why we don't puff in a severability clause into our City Code. Assistant City Attorney Poehler indicated that severability clauses do not • always work and cannot be easily removed from City codes and ordinances. In addition, it could be found unconstitutional. Commissioner Pattee agreed and indicated that it would be much safer to opt out of the state law. 07.13 Motion was made and seconded to recommend to City Council approval of the City Code amendment of Title 3, Chapter 10 and Title 11, Chapter 34 of the Lakeville City Code concerning sexually oriented businesses and. uses. Ayes: Pattee, Grenz, Drotning, Manikowski, Stolte, Swecker. Nays: 0 ITEM 8. NEW BUSINESS Chair Swecker reminded the Planning Commission members about the upcoming Comprehensive Plan Update district neighborhood meetings. She stated that if schedules changed and any of the members were unable to attend the meetings that they signed up for, to please contact Penny Brevig. There being no further business, the meeting was adjourned at 7:58 p.m. Planning Commission Meeting February 15, 2007 Page 11 Respectfully submitted, s Penny B~ g, Recordin cretary ATTEST: e - Ke m Swecker, Chair •