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HomeMy WebLinkAbout03-09-06 CITY OF LAKEVILLE Planning Commission Meeting Minutes MARCx 9, 2006 The March 9, 2006 Planning Commission meeting was called to order by Chair Swecker in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Pattee, Stolte, Swecker, Detjen, Grenz, Drotning, Ex-officio Gerl. Absent: None. Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;. Leif Hanson, Assistant Planner; Zach Johnson, Development/Design Engineer; Matt Brokl, Assistant City Attorney;. and Penny Brevig, Recording Secretary. ITEM S. APPROVAL OF MEETING MINUTES: The February 2, 2006 Planning Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey indicated the following items were distributed to the Planning Commission members and staff .before tonight's meeting. 1. March 8 2006 Parks Recreation and Natural Resources Committee meeting motions regarding the Emerald Professional Center final plat and the St. John's First Addition preliminary plat. Mr. Morey commented that there was not a quorum at the Parks, Recreation and Natural Resources Committee meeting held March 8, 2006. The plats will be brought back to their next meeting. He indicated that staff does not anticipate any changes to their March 8~ motions. 2. Revised building elevation drawings for St. John's Lutheran Church. Mr. Morey informed the Planning Commission that the City Council has appointed Kim Manikowski as a new Planning Commission member and she will be sworn in at the March 23, 2006 Planning Commission meeting. ITEM 5. CONSENT AGENDA 06.11 Motion by Stolte, Second by Drotning to recommend to City Council approval. of the March 9, 2006 Planning Commission Consent Agenda as follows: Planning Commission Meeting March 9, 2006 Page 2 • A. Approve the request of Lisa Elliot for athree-year extension of a Special Home Occupation Permit to operate a massage therapy business. out of .her home, located at 17071 Everest Path. B. Approve the request of Tollefson Development for the final .plat of 43 townhome units to be known as Donnelly Farm 2nd Addition. C. Approve the request of Tramm Companies for the final plat of 6 office condo lots to be known as Emerald Professional Center. Ayes: Pattee, Stolte, Swecker, Detjen, Grenz, Drotning. Nays:, 0 ITEM 6. SUSAN KEWLEY Chair Swecker opened the public hearing to consider the application of Susan Kewley for a Special Home Occupation Permit to allow the operation of a massage therapy business in her" single family home, located at 10150 - 205 Court West. Assistant City Attorney Brokl attested that. the legal notice had been duly published in accordance with State Statutes and City Code. Susan Kewley was in .attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Ms. Kewley presented an overview of her request. Planning Assistant Leif Hanson presented the planning report. Mr. Hanson stated that Susan Kewley submitted a special home occupation permit. application for the purpose of operating a massage therapy business in her single-family home located at 10150 205 Court West, which is zoned RS-3, Single Family Residential District. Mr. Hanson reviewed Ms. Kewley's special home occupation permit application and the home occupation permit requirements of the Zoning Ordinance. Mr. Hanson stated that Ms. Kewley has applied for a massage therapy license from the City, but the City will not issue Ms. Kewley a massage therapy license until she completes massage therapy school and receives certification .from the school that she has completed their program. Mr. Hanson stated that Ms. Kewley must obtain an approved massage therapy license from the City of Lakeville prior to City Council consideration of her special home occupation permit. Mr. Hanson indicated that two e-mails from residents who expressed concerns with Ms. Kewley's proposed special home occupation have been distributed to the Planning Commission. Planning Commission Meeting March 9, 2006 Page 3 • Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the Susan Kewley Special Home Occupation Permit, Planning Department staff recommends approval subject to the 9 stipulations listed in the March 1, 2006 planning report, and approval of the Findings of Fact dated March 9, 2006. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 06.12 Motion by Pattee, Second by Drotning to close the public hearing at 6:10 p.m. Ayes: Stolte, Swecker, Detjen, Grenz, Drotning, Pattee. Nays: 0 Commissioner Stolte commented on the two letters from .the. residents and indicated that the City has not received any complaints regarding traffic issues from previously approved special home occupations. Commissioner Drotning commented on residential covenants and Mr. Morey • confirmed that the City does not enforce covenants. 06.13 Motion by Drotning, Second by Detjen. to recommend to City Council approval of the Susan Kewley Special Home Occupation Permit to allow the operation of a massage therapy business in her single family home, located at 10150 205 Court West, subject to the 9 stipulations listed in the March 1, 2006 planning report, and approval of the Findings of Fact dated March 9, 2006. Ayes: Swecker, Detjen, Grenz, Drotning, Pattee, Stolte. Nays: 0 ITEM 7. LAKEVILLE SOUTH HIGH SCHOOL Chair Swecker opened the public hearing to consider the application of Independent School District #194 for a Conditional Use Permit Amendment to allow the construction of an accessory building on the Lakeville South High School property, located at 21135 Jacquard Avenue. Assistant City Attorney Brokl attested that the legal notice had been duly published in accordance with State Statutes and City Code. Stan Fredrickson, ISD #194 Building and Grounds Supervisor, was in attendance at tonight's meeting to answer any .questions that the Planning Commission or public Planning Commission Meeting March 9, 2006 Page 4 may have. Mr. Fredrickson presented an overview of the request.. He showed two renderings of the proposed accessory building. Assistant Planner Leif Hanson presented the planning report. Mr. Hanson stated that ISD #194 has submitted an application for a conditional use permit amendment to construct a 168 square foot accessory building on the Lakeville South High School property to store athletic equipment for the tennis and physical education programs. Mr. Hanson stated that the .height of the proposed accessory building will be 14 feet. He described what the exterior materials will consist of and indicated that the exterior color of the accessory building must match the exterior color of the school building. Mr. Hanson stated that the proposed accessory building will be located on the north side of the school's property within the fence that encloses the existing tennis courts, which complies with the required minimum setbacks for detached accessory buildings. located in the RM-1 District. Mr. Hanson stated that should the Planning Commission recommend to the City • Council approval of the Lakeville South. High School conditional use permit amendment, Planning Department staff recommends approval subject to the 5 stipulations listed in the March 1, 2006 planning report, and approval of the Findings of Fact dated March 9, 2006. Chair Swecker opened the hearing to the public for comment. There were no comments. from the audience. 06.14 Motion by Drotning, Second by Pattee to close the public hearing at 6:20 p.m. Ayes: Detjen, Grenz, Drotning, Pattee, Stolte, Swecker. Nays: 0 Commissioner. Drotning wanted to know if the Planning Commission should determine which of the two renderings of the accessory building presented by Mr. Fredrickson it prefers. Commissioner Stolte stated that as long as the accessory building meets Zoning Ordinance requirements, the Planning Commission doesri t need to make' that decision. Planning Commission Meeting March 9, 2006 Page 5 Mr. Fredrickson stated that they would use the accessory building design shown on Exhibit D of the March 1, 2006 planning report. He also indicated that the accessory building will be donated to Lakeville South High School 06.15 Motion by Detjen, Second by Pattee to recommend to City Council approval of the Lakeville South High School Conditional Use Permit Amendment to allow the construction of an accessory building on the Lakeville South High School property, located at 21135 jacquard Avenue, subject to the 5 stipulations listed in the March 1, 2006 planning report, and approval of the Findings of Fact dated March 9, 2006. Ayes: Grenz, Drotning, Pattee, Stolte, Swecker, Detjen. Nays: 0 ITEM S. GHOSTRIDERS, INC. Chair Swecker opened the public hearing to consider the application of Ghostriders, Inc. for a Conditional Use Permit to allow motor vehicle repair in the C-3, General Commercial District, located at 16350 Kenrick Loop. Assistant City Attorney Brokl attested that the legal notice. had been duly published in accordance with State Statutes and City Code. Cory Johnston, a representative from Ghostriders, Inc. was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr, Johnston presented an overview of the request. Assistant Planner Leif Hanson. presented the planning report. Mr. Hanson stated that representatives of Ghostriders, Inc. have submitted an application for a conditional use permit to allow minor auto repair within amulti-tenant commercial building in the C-3, General Commercial District. He indicated that the minor auto repair would allow Ghostriders to perform incidental repair and service on motorcycles within the building.. Mr. Hanson indicated that Ghostriders sells motorcycles but recently began servicing and maintaining motorcycles. from their location without first contacting the City. Ghostriders applied for a conditional use permit after City staff informed them of the Zoning Ordinance requirements. Mr. Hanson stated that Ghostriders currently occupy the entire lower level of the two-story, Pleasant Hills Saddle Shop commercial building. The lower level had been occupied by three tenants until Ghostriders expanded into the entire lower Planning Commission Meeting March 9, 2006 ..Page 6 i level in 2005. The Ghostriders tenant space includes offices, a lobby, a motorcycle display area, storage areas and a 1,250 square foot service and repair area. Mr. Hanson stated that staff became aware of the Ghostriders repair .use in 2005 when Ghostriders installed a new exterior wall sign on the building that identified` service and repair of motorcycles was available at this location.. Building Inspections Department staff subsequently conducted. an inspection of Ghostrider's tenant space to determine if the conversion from. office space to a motorcycle service and .repair area complied .with Building Code. Mr. Hanson stated that Building Inspections .staff noted several Building Code violations. Ghostriders must obtain building permits and perform the work necessary o bring the space into compliance with Building Code requirements. Mr. Hanson reviewed the performance standards included in the Zoning Ordinance for minor auto repair, which are listed in detail in the March 1, .2006 planning report. Mr. Hanson stated that Ghostriders is proposing to construct a dumpster enclosure- adjacent to the east side of the building to contain their dumpsters that are currently stored outside.. Planning staff is recommending that it be a maintenance free enclosure. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the Ghostriders conditional use permit, Planning Department staff recommends approval subject to the 4 stipulations listed in the March 1, 2006 planning report, and approval of the Findings of Fact. dated March 9, 2006. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 06.16 Motion by Pattee, Second by Stoite to close the public hearing at 6:35 p.m. Ayes: Drotning, Pattee, Stolte, Swecker, Detjen, Grenz. Nays: 0 Chair Swecker asked the applicant if any of the Building Code requirements have been completed. The applicant indicated that they have not, but that they will be completed by May 1, 2006 as stipulated in the planning report. He felt that the dumpsters: should be the landlord's (Pleasant Hills Saddle Shop) responsibility, but Ghostriders will make the. improvement. Planning Commission Meeting March 9, 2006 Page 7 Chair Swecker commented to the applicant that they should have checked with the City prior to servicing motorcycles on-site. Commissioner Pattee clarified that this CUP does not allow outdoor display, but a customer could take a motorcycle out of the building for a test drive. 06.17 Motion by Pattee, Second by Drotning to recommend to City Council approval of the Ghostriders Conditional Use Permit to allow motor vehicle repair in the. C-3, General Commercial District, located at 16350 Kenrick Loop, subject to the 4 stipulations listed in the March 1, 2006 planning report, and approval of the Findings of Fact dated March 9, 2006. Ayes: Pattee, Stolte, Swecker, Detjen, Grenz, Drotning. Nays: 0 ITEM 9. ST. JOHN'S LUTHERAN CHURCH Chair Swecker opened the public. hearing to consider the application of St. J©hn's Lutheran Church for the following, located north of 202nd Street (CSAH 50) and east of Highview Avenue: A. Comprehensive Plan amendment to modify the Staged MUSA Expansion Areas Map to allow the subject property to be brought into the Current MUSA; B. Preliminary plat of one lot and two outlots to be known as St. John's First Addition; C. Conditional Use Permit to allow a church in the RM-1, Medium Density Residential District and at a building height greater than 35 feet; D. Vacation of a public drainage and utility easement. Assistant City Attorney Brokl attested that the legal notice had been duly published in accordance with State Statutes and City Code. Barry Fick, President of St. John's Lutheran Church and Richard Brownlee, Station 19 Architects, were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Fick presented an overview of the project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that representatives of St. John's Lutheran Church have submitted applications for the proposed development of a 34.91 acre parcel located north of 202nd Street (CSAH 50) and east of Highview Avenue for the construction of a new 519 seat sanctuary church with a planned 78 seat overflow seating area. Mr. Dempsey stated that St. John's Lutheran Church is requesting that a portion of • their property at the northeast corner of CSAH 50 and Highview Avenue be Planning Commission Meeting March 9, 2006 Page 8 brought into the current MUSA to allow the development of the property and the construction of the proposed new church. The subject property is currently in MUSA Expansion Area B (2010). He indicated that staff supports bringing Lot 1, Block 1, St. john's First Addition and the adjacent exception parcel located in the northeast corner of 202nd Street and Highview Avenue into the current MUSA. Outlots A (future development) and B (City-owned stormwater pond) would not be included in the MUSA amendment. Mr. Dempsey indicated that gravity sanitary sewer service is proposed to be extended to the church .from the adjacent Heritage Walk development. Mr. Dempsey identified the abutting streets and indicated that the final plat includes the dedication of right-of-way for Heath Avenue, a local street which will be located at the southeast corner of the site. Mr. Dempsey also indicated that the preliminary plat plans include a conceptual full build-out of the site which .would include a second driveway access at Hollister Lane. He stated that .because the future need for Hollister Lane east of Highview Avenue is unknown at this time, staff recommends that Hollister Lane be deeded to the City as an outlot with the St. John's First Addition final plat. Mr. Dempsey stated that if needed, the outlot can be platted as right-of-way when the exception parcel develops, or if it is determined that Hollister Lane is not needed for future development, the City may deed the • outlot back to St. John's Lutheran Church without having to vacate the right-of- way.. Mr. Dempsey indicated that the future development of the exception parcel would have to meet the requirements of the Zoning Ordinance in place at that time for the property's zoning classification. Mr. Dempsey stated that St. John's First Additionwill be required to pay one unit of single family residential park .dedication with the final plat. He indicated that the St. John's First Addition will include the construction. of an 8-foot wide bituminous trail along the east side of Highview Avenue. The cost of the trail construction will be split 5/84i (church) and 3/8~ (City). He indicated that the Parks, Recreation and Natural Resources Committee reviewed the preliminary plat at their March 8, 2006 meeting and their comments and recommendations have been distributed to the Planning Commission at tonight's meeting. He commented that due to the Committee not having a quorum, the preliminary plat would be revisited at their March 22, 2006 meeting. Mr. Dempsey referred to the handout of the revised building elevation drawing for the church. The revised elevation has changed the church height from 42 feet to 46 . feet. Planning Commission Meeting March 9, 2006 Page 9 Mr. Dempsey reviewed the performance standards included in the Zoning Ordinance for churches, which are listed in detail in the March 3, 2006 .planning .report. Mr. Dempsey stated that the preliminary plat plans propose. the vacation of a drainage and utility easement that was established with the construction of the stormwater basin in conjunction with the development of the Heritage Walk townhome development located west of Highview Avenue. He indicated that Outlot B, St. John's First Addition will encompass the entire area of the stormwater basin and will be deeded to the City with the final plat. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the St. John's First Addition Comprehensive Plan amendment, preliminary plat, conditional use permit, and easement vacation, Planning Department staff recommends approval subject to the 15 stipulations listed. in the March 3, 2006 planning report, and approval of the Findings of Fact dated March 9, 2006. Chair Swecker opened the hearing to the public for comment. • There were no comments from the audience. 06.18 Motion by Stolte, Second by Pattee to close the public hearing at 7:05 p.m. Ayes: Stolte, Swecker, Detjen, Grenz, Drotning, Pattee. Nays: 0 Chair Swecker liked the landscaping and screening shown on the plans, but questioned the painted mechanical equipment on the roof. She asked if the rooftop mechanical equipment is required to be screened. The architect, Dick Brownly of Station 19 Architects, explained that they will position the mechanical equipment so it is Less obtrusive and that the colors of the mechanical equipment match the exterior of the building. Mr. Morey stated that the Zoning Ordinance does not require that all rooftop equipment be screened. It does require screening to mitigate noise and the mechanical equipment must be aesthetically harmonious and compatible with the building. The Planning Commission was concerned about traffic during church services and discussed access to the site as well as the ultimate design of CSAH 50. Development/Design Engineer Zach Johnson stated that the Transportation Plan Planning Commission Meeting March 9, 2006 Page 10 identifies this section of CSAH 50 as a four lane undivided roadway. Mr. Morey stated that turn/bypass lanes on CSAH 50 are subject to the jurisdiction of Dakota County. Mr. Fick indicated that the church has no time line for construction of the future church expansion and that they want to ensure adequate site ingress and egress.. The Planning Commission also discussed the. parking lot design and recommended that the number of parking spaces off of the main drive aisle be reduced. 06.19 Motion by Drotning, Second by Detjen to recommend to City Council approval of the St. John's Lutheran Church Comprehensive Plan amendment to modify the. Staged MUSA Expansion Areas Map to allow the subject property to be brought into the Current MUSA; Preliminary Plat of one lot and two outlots to be known as St. John's First Addition; .Conditional Use .Permit to allow a church in the RM-1, Medium Density Residential District and at a building height greater than 35 feet; and vacation of a public drainage and utility easement, subject to the 15 stipulations listed in the March 3, 2006 planning report, and .approval of the Findings of Fact dated March 9, 2006. Ayes: Swecker, Detjen, Grenz, Drotning, Pattee, Stolte. Nays: 0 There beingno further business, the meeting was adjourned at 7:47 p.m. Respectfully submitted, Penny Br ,Recording re ry ATTEST: Ke in Swecker, Chair