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HomeMy WebLinkAbout06-01-06 CITY OF LAKEVILLE Planning Commission Meeting Minutes JUNE 1, 2006. The June 1, 2006 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, Detjen, Grenz, Drotning, Ex-officio Gerl. Absent: Pattee: Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Kris Jenson, Associate Planner; Leif Hanson, Planning Assistant; Jay Rubash, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The May 18, 2006 Planning.. Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated that the Parks, Recreation and Natural Resources Committee did not have a quorum for their May 31, 2006 meeting. He indicated that the Quail Ridge 2nd Addition final plat, St. John's First Addition final plat, Lord bf Life Lutheran Church Addition preliminary and final plat, and the Tullamore preliminary plat agenda items will be placed on the Committee's June 14~ agenda for review. As such, the Parks, Recreation and Natural Resources Committee recommendations on these agenda items will be forwarded for consideration at the June 19, 2006 City.Council meeting. The minutes from the June 14~ meeting will be forwarded to the Planning Commission. Mr. Morey indicated the following items were distributed. to he Planning Commission members and staff before tonight's meeting. 1. Correction to the 3rd paragraph of page 4 of the Lord of Life Lutheran Church planning report. ITEM 5: CONSENT AGENDA 06.56. Motion was made and seconded to recommend to City Council approval of the June 1, 2006 Planning Commission Consent Agenda. as follows: A. Approve the application of D. R. Horton, Inc. for a final plat of 29 single- . ~ family residential lots to be known as Quail Ridge 2nd Addition, located west of Ipava Avenue,. and north of 18541 Street (CSAH 60). Planning Commission Meeting June 1, 2006 Page 2 B. Approve the application of St. John's Lutheran Church for a final plat of one lot to be known as St. John's First Addition, located north of 202na Street (CSAH 50) and east of Highview Avenue. Ayes: Manikowski, Stolte, Swecker, Detjen, Grenz, Drotning. Nays: 0 ITEM 6. SPIRIT OF JOY CHURCH Chair Swecker opened the public hearing to consider theapplication of Spirit of Joy Church for a Conditional Use Permit amendment to allow a day care facility at Spirit of Joy Church, located at 7570 - 210 Street. Planning Director Daryl Morey attested that the legal notice had been. duly published in accordance with State Statutes'and City Code.. Mr. Morey also commented that per the City Attorney, it is not a requirement to attest to the public hearing notice. Pastor Jan Lynn of Spirit of Joy Church presented an overview of their request. Pastor .Lynn stated that MGKK Corporation: will be operating. a Montessori day care facility at the Spirit of Joy Church and anticipate having no .more than 45 • children attending at any one time. Pastor Lynn requested that the Planning Commission. review Stipulation 7 from the May 25, 2006 planning report which refers to the installation of eight, 4-foot tall arborvitae trees to screen the outdoor play area from the adjacent commercial property. He indicated that church members do not like to hide .themselves in any way and requested that Stipulation 7 be removed or revised not to specify the type of tree to be installed. Planning Assistant Leif Hanson presented the May 25, 2006 planning report. Mr. Hanson stated that a conditional use permit was first approved on August 1, 1977 when the church was constructed. to allow a church to be located on residentially zoned property. He indicated that the addition of the day care requires the approval of an amendment to the conditional use permit. Mr. Hanson stated that the church informed staff that the church has a seating capacity of 145 people, not 162 as :stated in the- planning report. ' Mr. Hanson indicated that the church would need 47 parking spaces on site. The church currently has 52 parking spaces provided on the property. Mr. Hanson stated that a total of 11 parking spaces are required for the day .care. facility, therefore, a stipulation should be added to the conditional use permit amendment to prohibit the operation of the day care during church services. Planning Commission Meeting June 1, 2006 Page 3 • Mr. Hanson reviewed several provisions from the. Zoning Ordinance that must be met by MGKK Corporation prior to beginning the operation of a day care facility at Spirit of Joy Church. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval. of the conditional use permit amendment, Planning Department staff recommends approval subject to the 7 stipulations listed in the May 25, 2006 planning report, and approval of the Findings of Fact dated June 1, 2006. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 06.57 Motion was made and seconded to close the public hearing at 6:15 p.m. Ayes: 6 Nays:0 Motion passed.. The Planning Commission members discussed the planting of the trees between the outdoor play area and the .drainage and utility. easement located on the .south side of :the property. Commissioner Detjen stated he would like to see screening, but felt it did not need to be arborvitae trees. Chair Swecker indicated that .the screening was for the protection of the children and would be a benefit to the church. Pastor Lynn indicated that he bought the church three years ago. The congregation has been. installing.. landscaping and he wanted. to be consistent .with the species they have planted so far. Chair Swecker reiterated the need for the screening, but indicated that the stipulation could be amended so that the church could choose, with City staff's approval, the plantings they use to screen the south side of the property. Pastor Lynn agreed that he would be willing to submit a plan with the. types of plantings they would like to install on the south side of the property to screen the outdoor play area. Commissioner Drotning stated .that the Zoning Ordinance requires the screening, but agreed that the church should be able to choose the types of plantings subject to compliance with Zoning Ordinance requirements. Mr. Morey explained that the children s safety is the main reason the screening is required. He indicated that there is a ten foot drainage and utility easement along the south property line and the fence for the outdoor play area must be located. outside the easement that leaves a relatively small area for plantings. and staff felt the arborvitae trees were a good fit. in that small space. Mr. Morey indicated that the fencing may have to be located farther to the north to accommodate the Planning Commission Meeting June 1, 2006. Page 4 plantings. This issue must be resolved prior to the CUP amendment being considered by the City Council. Stipulation 7 will be revised to read: 7. Appropriate landscaping, must be installed... An additional stipulation will be added to read: 8. The day care shall not be operated during church services. 06.58 Motion was made and seconded to recommend to City Council approval of the Conditional Use Permit amendment to allow a day care facility at Spirit of Joy Church, located at 7570 - 210 Street, subject to the 7 stipulations listed in the .May 25, 2006 planning report, as amended, and approval of the Findings of Fact dated June 1, 2006. Ayes: Stolte, Swecker, Detjen, Grenz, Drotning, Manikowski. Nays: 0 • ITEM 7. LORD OF LIFE LUTHERAN CHURCH Chair Swecker opened the public hearing to consider the application of Lord of Life Lutheran Church for the following, located south of Dodd Boulevard (CSAH 9) and west of Pilot Knob Road (CSAH 31): A. Preliminary and final plat of one lot to be known as Lord of Life Lutheran Church Addition. B. Conditional Use Permit to allow a church in the RS-3, Single Family Residential District. Assistant City Attorney Poehler attested that .the legal notice had been duly published in accordance with State Statutes and City Code. Pastor James Thompson from Lord of Life Lutheran Church and his development team presented an overview of their request. Pastor Thompson indicated that Planning Director Daryl Morey and Associate Planner Frank Dempsey were ..instrumental in working with the church in their purchase of the subject property several years ago. . Pastor Thompson commented .that he would like to discuss with. the Planning Commission the construction of the sidewalk from Dodd Lane to the front door of the church as stipulated in the .planning report. He indicated that due to funding Planning Commission Meeting June 1, 2006 Page 5 and timing, he would prefer not to be required to construct the sidewalk at this time. Associate Planner Frank Dempsey presented the May 26, 2006 planning report.. Mr. Dempsey identified the Phase 1 site layout and proposed future expansions of the church. Mr. Dempsey reviewed the general performance standards and criteria of the Zoning Ordinance for a conditional use permit request that pertain to churches in a single family .residential district. He stated that internal pedestrian ways (sidewalks) are required on the property by the Zoning Ordinance. He also noted that staff. is recommending that the drop-off driveway be re-designed at its westerly connection with the main driveway to improve traffic circulation. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Lord of Life Church Addition preliminary and final plat and conditional use permit, Planning Department staff recommends approval, subject to the 16 stipulations listed in the May 26, 2006 planning report. . Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 06.59 Motion was made and seconded to close the public hearing at -6:45 p.m. Ayes: 6 Nays: 0 Motion passed. Commissioner Manikowski liked the .proposed soccer and baseball fields. She asked if these fields are going to be used by the public. Pastore Thompson indicated that they were hoping to have a mutual agreement with the City for the use of the fields. He stated the .church is very passionate about providing after school activities for the younger members of their congregation. The Planning Commission discussed the internal sidewalk requirement with Pastor Thompson and staff. Commissioner Detjen indicated that if the fieldstone Creek development is being developed at the same time as the church, the church may want to consider constructing the sidewalk with the first addition of the church. Commissioner Detjen suggested that the installation of the sidewalk be tied to a specific future • date and not tie it to the first or second phases of the church development. Planning Commission Meeting June 1, 2006 Page 6 • Pastor Thompson stated that not all churches in Lakeville have sidewalks from the street to the front door. Mr. Dempsey indicated that these are likely churches that were built prior to the requirement that sidewalks be constructed on residential streets with .new developments. Pastor Thompson questioned the timing for .build-out of the Fieldstone Creek development. He thought that. there could be a stipulation stating that the sidewalk be built in 3 or 4 years or with the second phase of the church, whichever comes first. Commissioner Stolte would prefer the sidewalk be installed now, but understands why the church wants to wait. Chair Swecker indicated that she feels the sidewalk should be installed. with the first phase of the church, development. Commissioner. Grenz asked Pastor Thompson to explain the .future development plans for the church site. The Planning Commission expressed concern with the configuration of the main driveway. Commissioner Drotning felt it would be much more efficient to .construct the northerly future parking area, including the sidewalk .and straighten the drop-off driveway. intersection. with the main driveway 'with the Phase 1 development. Assistant City Engineer .Jay Rubash explained the parking lot circulation and turning movements. Matt Frisbee of Frisbee Architects .explained that the drop-off driveway is meant to be one-way for egress. He indicated that they are very willing to work with staff regarding the driveway re-design prior to City Council consideration of the planning actions. 06.60 Motion was made .and seconded to recommend to City Council approval of the preliminary and final. plat of one lot to be known as Lord of Life Lutheran Church Addition, and a Conditional Use .Permit to allow a church in the RS-3, Single Family Residential District, subject to the 16 stipulations listed in the' May 26, 2006 planning report, and approval of the Findings of Fact dated June 1, 2006. Ayes: Swecker, Grenz, Drotning. Nays: Detjen, Manikowski, Stolte. The reason for their: nay votes. was they felt that the church should be given more flexibility as to when the sidewalk would be constructed. Planning Commission Meeting June 1, 2006 Page 7 Chair Swecker wanted to make it clear to Pastor Thompson that they liked the church project and felt it would be an asset to the community. She stated that the Planning Commission had a difference of opinion regarding one stipulation of the planning report,- being. the timing of the sidewalk construction. Chair Swecker stressed to staff that this point must be made clear to the City Council. ITEM 8. TULLAMORE Chair Swecker opened the public hearing to consider the application of Insignia Development, LLC for the. following, located in the northwest quadrant of the ...intersection of Pilot Knob Road (CSAH 31) and 170 Street: A. Preliminary plat of 148 single family lots to be known as Tullamore. B. Vacation of public roadway, drainage and utility easements. Assistant City Attorney Poehler attested that the legal notice had. been duly published in accordance with State Statutes and City Code. Don Uram from Insignia Development, LLC presented an overview of their request. Associate Planner Kris Jenson presented the May 25, 2006 planning report.. Ms. Jenson reviewed the plat design, specifically the street and sidewalk/trail connections, as well as the subdivision and Zoning Ordinance performance standards. She explained the location of the existing easements. and stated that the developer has requested that these easements be vacated as part of this development. Ms. Jenson stated that should the Planning Commission recommend to the City .Council approval of the Tullamore preliminary plat and easement vacation, Planning bepartment staff recommends approval, subject to the 15 stipulations listed in the May 25, 2006 planning. report. Chair Swecker opened the hearing to the public for comment. William Morrissey, 17018 Eventide Way Mr. Morrissey questioned the location of the access into the Tullamore development off of 170 Street and the location of the sidewalks. .06.61 Motion was made and seconded to close the public hearing at 7:30 p.m.. Ayes: b Nays: 0 Motion passed. Planning Commission Meeting June 1, 2006 Page 8 Ms. Jenson explained .the locations of the proposed trails and sidewalks, including the trail to be constructed by the developer on the north side of 170 Street. She stated that the proposed access to 170 Street aligns with existing. Eventide Way to the south. Mr. Rubash explained the stormwater ponding. He indicated that the run-off would be fully treated which will help the watershed districts. Commissioner Stolte asked if 165 and 167 Street would be full access at Pilot Knob Road (CSAH 31). Mr. Morey stated that staff is working with Dakota County regarding access to Pilot Knob Road. He stated the SRF study will be studying the Pilot Knob Road corridor. in Lakeville and southern Apple Valley. He stated that City staff strongly recommends that the 165 Street and bodd Boulevard intersections remain full access. Currently Dakota County will not commit to keeping both the Dodd Boulevard and 165 Street intersections with Pilot Knob Road as full access, but have deferred action until the SRF traffic study is completed. The Planning Commission discussed the connection of the two proposed cul-de-sac. streets in the southeast corner of the plat. They asked staff to explain why these cul-de-sac streets were not connected. Mr. Rubash explained that staff did not insist on the connection because staff felt that there would be neighborhood street connections .through the adjacent proposed Jamesdale Estates subdivision and because of the need for: stormwater ponding to function between the Tullamore, Fieldstone Creek and Jamesdale Estates subdivisions.. Commissioner Drotning believed .that the two cul-de-sacs should be connected to provide a more direct connection between the north and south portions of the Tullamore plat. He indicated that he could not vote in favor of the plat unless they were connected.. Mr. Rubash stated that connecting the two cul-de-sacs would affect the proposed stormwater ponding. He also stated the developer was able to reduce the amount of fill required by keeping the cul-de-sacs, which. would be a fairly large .expense. He indicated that there would be a reduction in the number of lots as well if they connected the cul-de-sacs. Mr. Uram stated that Insignia is .trying to maximize his value of the project. and would rather not connect the cul-de-sacs, but was willing to consider a trail. or sidewalk connection between the northerly and southerly portions of the plat. Chair Swecker and Commissioners Stolte and Grenz agreed that some type of • connection needed to be made.. They felt a trail or bridge would be acceptable to allow pedestrian access. Commissioner Manikowski felt the plat was acceptable as Planning Commission Meeting June 1, 2006 Page 9 proposed. Commissioner Drotning .reiterated that he wanted the cul-de-sacs connected. The following stipulation was added: 16. A pedestrian connection shall be .made between the northerly and southerly portions of the plat. Mr. Morey commented that Parks and Recreation Director Steve Michaud and the Parks, Recreation and Natural Resources Committee will need to comment on this stipulation prior to City Council consideration of the preliminary plat. 06.62 Motion was made and seconded to recommend to City Council approval of the preliminary plat of 148 single family lots to be known as TulIamore, located in the northwest quadrant of the intersection of Pilot Knob Road (CSAH 31) and 170 Street, and a vacation of public roadway, drainage and. utility easements, subject to the 15 stipulations listed in the May 25, 2006 planning report, as amended. Ayes: Detjen, Grenz, Manikowski, Stolte, Swecker. Nays: Drotning. Commissioner Drotning feels that the two cul-de-sac streets located in the southeast corner of the preliminary plat should be connected. There being. no further business, the meeting was adjourned at 8:05 p.m. Respectfully submitted, t Penny ev' ,Recording Secr ary ATTEST: c Kerrm Swecker, Chair •