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HomeMy WebLinkAbout09-07-06 CITY OF LAKEVILLE Planning Commission Meeting Minutes SEPTEMBER 7, 2006 The September 7, 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: Pattee, Manikowski, Stolte, Swecker, Grenz, Drotning, Ex-officio Gerl. Absent: Detjen. Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Leif Hanson,. Planning Assistant; Dennis Feller,. Finance Director; Brenda Visnovec, Director of Liquor Operations; Daniel Licht, Northwest Associated Consultants; Jay Rubash, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, .Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: On Page 11 of the August 17, 2006 Planning Commission meeting minutes, Commissioner Drotning indicated that in paragraph 7, line 7, it should read Chair Swecker rather than Commissioner Drotning. The August 17, 2006 Planning Commission meeting minutes were approved as amended. ITEM 4. ANNOUNCEMENTS: Mr. Morey indicated the. following items were distributed to the Planning Commission members and staff before tonight's meeting. 1. The September 6, 2006 Parks, Recreation and Natural Resources Committee meeting minutes. Mr. Morey stated that the September 21, 2006 Planning Commission meeting will be cancelled due to a lack of agenda items. ITEM 5. CONSENT AGENDA Mr. Morey indicated that the applicant has requested that the Spirit of Brandtjen Farm 3rd Addition final plat be removed from the Consent Agenda and tabled to allow time to discuss with staff :items contained in the planning and engineering reports. • Planning Commission Meeting September 7, 2006 Page 2 • 06.111 Motion was made and seconded to remove Spirit of Brandtjen Farm 3=a Addition from the Consent Agenda and table it to a future Planning Commission meeting. Ayes: Pattee, Manikowski, Stolte, Swecker, Grenz, Drotning. Nays: 0 ITEM 6. MCGUIRE MIDDLE SCHOOL Chair Swecker opened the public hearing to consider the application of Independent School District 194 for the vacation of a public drainage and utility easement at McGuire Middle School, located at 21220 Holyoke Avenue. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mr. Morey indicated that the City will represent the school district at tonight's meeting. Planning Assistant Leif Hanson presented the planning report. Mr. Hanson stated that ISD 194 is proposing to vacate a drainage and utility easement on the McGuire Middle School property located at 21220 Holyoke Avenue. He explained that the location of the existing watermain as depicted on the survey completed by the project's surveyor that was submitted in conjunction with the conditional use permit amendment, and the dedication of the drainage and utility easement did not align in the northwest corner of the site as the relocated watermain is several feet outside of the easement that was dedicated to the City. Mr. Hanson stated that the existing drainage and utility easement will need to be vacated and a new easement will need to be dedicated to the City to reflect the actual location of the new watermain. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the easement vacation, Planning Department staff recommends approval subject to the one stipulation listed in the August 30, 2006 planning report. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 06.112 Motion was made. and seconded to .close the public hearing at 6:08 p.m. • Ayes: 6 Nays:0 Motion passed. Planning Commission Meeting September 7, 2006 Page 3 06.113 Motion was made and seconded to recommend to City Council approval of the McGuire Middle School easement vacation, located at 21220 Holyoke Avenue, subject to the one stipulation listed in the August 30, 2006 planning report. Ayes: Manikowski, Stolte, Swecker, Grenz, Drotning, Pattee. Nays: 0 ITEM 7. KROOK AND MACHAJ Chair Swecker opened the public hearing to consider the application of Gary and Judith Krook and David and Sandra Machaj for the vacation of public drainage and utility .easements in conjunction with a proposed lot line adjustment between two existing. properties, located at 17465 and 17489 Kodiak Avenue. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mr. Krook and Mr. Machaj presented an overview of their request. Mr. Machaj stated that the Krook's have been letting them use a portion of their property for years, but they want to make it legal in case the Krook's decide to move and the . new owners are not as cooperative. Associate Planner Frank Dempsey presented the planning. report. Mr. Dempsey. stated that Gary and Judith Krook and David and Sandra Machaj have submitted applications for the vacation of existing drainage and utility easements .and an administrative subdivision to re-adjust a common side yard property boundary on their properties located at 17465 and 17489 Kodiak Avenue. Mr. Dempsey stated that the Machaj's currently have a 10 foot wide access to Orchard Lake that they would like to increase to 20 feet to allow a less restrictive walkway access to the lake shore and their boat dock. The. Krook's have agreed to sell them the additional 10 feet of property. Mr. Dempsey indicated that the easements to be vacated will be re-established as a stipulation of the requested administrative subdivision. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the easement vacation, Planning Department staff recommends approval subject to the 3 stipulations listed in the August 29, 2006 planning report. Chair Swecker opened the hearing to the public for comment. Planning Commission Meeting September 7, 2006 Page 4 There were no comments from the audience. 06.114 Motion was made and seconded to close the public hearing at 6:13 p.m. Ayes:6 Nays: 0 Motion passed. Commissioner Grenz asked if all the buildings on the two properties will still meet setback requirements after the lot line adjustment. Mr. Dempsey stated that the proposed administrative subdivision will not alter the existing conforming setbacks. Commissioner Drotning pointed out that at the end of the first paragraph in the August 29, 2006 planning report, Lake Kingsley should read Orchard Lake. Mr. Dempsey indicated that this correction to the planning report will be made prior to City Council consideration. 06.115 Motion was made and seconded to recommend to City Council approval of the vacation of existing drainage and utility easements in conjunction with a proposed lot line- adjustment between two existing properties, located at 17465 and 17489 Kodiak .Avenue, subject to the 3 stipulations listed in the August 29, 2006 planning report. Ayes: Stolte, Swecker, Grenz, Drotning, Pattee, Manikowski. Nays: 0 ITEM 8. CITY OF LAKEVILLE Chair Swecker. opened the public hearing to consider the application of the City of Lakeville for the following, located south of 160th Street (C.R. 46) at Galaxie Avenue: A. A Zoning Map amendment to rezone property from to PUD, Planned Unit Development District. B. Preliminary and final plat of one lot and one outlot to be known as Valley Lake 1St Addition. C. A development and final stage planned unit development. Assistant City. Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. . Dan Licht from Northwest Associated Consultants (NAC) presented the planning report. Mr. Licht stated that the City of Lakeville is proposing to construct an Planning Commission Meeting September 7, 2006 Page 5 • 11,430 square foot building on a site located southeast of the intersection of 160 Street and Galaxie Avenue for the relocation of Lakeville Liquor Store #3. Mr. Licht stated thatthe City is requesting approval of a Zoning Map amendment to rezone the subject site to PUD, Planned Unit Development District, a PUD Development Stage Plan for the municipal liquor store site, and preliminary and final plat approval of Valley Lake 15t Addition to establish the proposed lot for the. municipal liquor store. Mr. Licht .described the master plan for Valley Lake Park to improve the existing park facilities. In .order to fund the proposed improvements the City is proposing to subdivide approximately two acres of land owned by the City southeast of 160 Street and Galaxie Avenue for construction of a new municipal liquor store. In exchange, the Liquor Operations Department will .transfer funds that were budgeted for acquisition of a new liquor store site on the private market to the Park Dedication Fund. Mr. Licht indicated that a neighborhood meeting was held on March 28, 2006 to present the proposed Valley Lake Park Master .Plan. He stated that based on • comments received at this meeting, the revised plan was presented to the residents and the Parks, Recreation and Natural Resources Committee on May.8, 2006. Mr. Licht reviewed the recommended rezoning of the subject property to PUD District to accommodate the proposed subdivision and development of a retail off- sale liquor store. He indicated that. limiting the uses allowed on Lot 1, Block 1 under the PUD District will ensure that any potential future re-use of the proposed building or site will be compatible with the existing single family homes to the south. Mr. Licht identified the proposed site and building plan design to buffer the proposed commercial use from the existing single family homes to the south. Mr. Licht described the performance. standards pertaining to the preliminary and final plat and proposed commercial development, which are described in detail in the September 1, 200b planning report. Mr. Licht stated that should the Planning Commission recommend to the City Council approval of the Zoning Map amendment, preliminary and final plat, and development and final stage planned unit development, Planning Department staff recommends approval, subject to the 6 stipulations listed in the September 1, 2006 planning report, and approval of the Findings of Fact dated September 7, 2006. Planning Commission Meeting September 7, 2006 Page 6 Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 06.116 Motion was made and seconded to close the public hearing at 6:30 p.m. Ayes: 6 Nays: 0 Motion passed. Commissioner Stolte liked the overall plan, but he indicated that it was at first difficult for him to come to terms with a liquor store next to a park. He asked about the size of the new building compared to the existing liquor store. He .also asked whether the City considered locating the liquor store in the northwest corner of the City owned property adjacent to the existing commercial uses. Brenda Visnovec, Director of Liquor Store Operations stated that one of the City's primary concerns was having a full access intersection and the CSAH 46/Garrett Path intersection will not have full access in the future according to Dakota County's access spacing guidelines. Mr. Visnovec indicated that the new building is nearly double the size of the existing building, which is approximately 5400 square feet. • The Planning Commission discussed the Dakota County access spacing. guidelines for CSAH 46, which changed last year from 1/4 mile to 1h mile for full access. Chair Swecker stated that she also struggled with the proposed location of the liquor store. She felt that with the extensive berming and landscaping that .will be installed between the liquor store and the existing .single family homes, which greatly exceeds the Zoning Ordinance requirements, the location would be fine. Mr. Licht indicated that there will be no driveway connection between the park and the liquor store parking lots. Commissioner Grenz stated that he attended the neighborhood meetings and felt City staff did a very good job of listening. to the resident's concerns before drawing up the final plans. Commissioner Drotning stated that he was having a .difficult time with this project due to the proposed land use and location of the liquor store so close to a park. He asked the Assistant City Attorney if changing the zoning of this piece of property would set a precedent for similar requests. Ms. Poehler stated that this would not set a precedent in that the City .would examine each specific request given its own circumstances. She indicated that the City Council has a lot of discretion with . respect to the Zoning of property. Planning Commission Meeting September 7, 2006 Page 7 Mr. Morey stated that when Dakota County determines .their access spacing guidelines, they do not take into account the land use and zoning. -When the County makes changes to the access spacing guidelines they tend to have the most impact on commercial properties located along County roads. Chair Swecker asked what the hours of operation of the liquor store would. be. Ms. Visnovec stated that the hours would be 9:00 a.m. to 9:00 p.rn. Monday thru Thursday, and 9:00 a.m. to 10:00 p.m. Friday and Saturday. Closed on Sunday. Chair Swecker asked staff to describe the pervious pavers that are proposed for the liquor store parking lot. Mr. Rubash described the pervious pavers and indicated that they should require little maintenance and should be very stable. Chair Swecker discussed limiting hours of trash pick-up. Mr. Morey suggested following the nuisance regulations from the City Code. The Planning Commission agreed to add Stipulation 7 as follows: 7. Trash pick-up shall occur. between the hours of 7:00 a.m. and 10:00 p.m. • 06.117 Motion was. made and seconded to recommend to Ci Council a roval of a tY pp Zoning Map amendment to rezone property to PUD, Planned Unit Development District, a preliminary and final plat of one lot and one outlot to be known as Valley Lake 1St Addition, and a development and final stage planned unit development, located south of 160th Street (C.R. 46) at Galaxie Avenue, .subject to the 6 stipulations listed in the September 1, 2006 planning report, along with the addition of Stipulation 7, and approval of the Findings of Fact dated September 7,.2006. -Ayes: Swecker, Grenz, Drotning, Pattee, Manikowski, Stolte. Nays: 0 ITEM 9. KORBA'S AUTO BODY Chair Swecker opened the public hearing to consider the application of Don Korba for an amendment to the Dick's Sanitation Planned Unit Development to allow. a major auto repair. use, located at 8984 - 215th Street. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Planning Assistant Leif Hanson presented the planning report. Mr. Hanson stated • that Don Korba has submitted an application to move his auto repair business, Planning Commission Meeting September 7, 2006 Page 8 Korba's Auto Body, into an existing building on the Dick's Sanitation property, located at 8984 - 215+ Street. He indicated that there are currently three buildings located on the Dick's Sanitation s property. Korba's Auto Body is proposing to occupy a section of the northwesterly building constructed in 1971. The building was previously used by Dick's Sanitation for office space and for maintaining garbage trucks. Mr. Hanson stated that the addition of Korba's Auto Body would not require any exterior modifications to the existing building. A paint booth is proposed to be added to the interior of the existing building. Mr. Hanson reviewed. the relevant performance standards listed in the Zoning Ordinance for the proposed PUD amendment, which are listed in detail in the August 31, 2006 planning report. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the Dick's Sanitation Planned Unit Development amendment, Planning Department staff recommends approval, subject to the 8 stipulations listed in the August 31, 2006 planning report, and approval of the Findings of Fact • dated September 7, 2006. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 06.118 Motion was made. and seconded to close the public hearing at 7:01 p.m. Ayes: 6 Nays:0 Motion passed. Commissioner Grenz asked what the hours of operation would be. Mr. Korba indicated that they would be 8:00 a.m. to 5:00 p.m. to the public, but would like to work on vehicles after closing. Mr. Morey indicated that in the I-2 District, major auto repair is a permitted use and there are no hours of operation restrictions. There was a short discussion regarding Stipulation 7, which prohibits the outdoor storage of damaged vehicles. Commissioner Drotning stated that the biggest challenge has always been the definition of outdoor storage with respect to automobile repair uses. 06.119 Motion was made and seconded to recommend to City Council approval of the Dick's Sanitation Planned Unit Development amendment to allow a major auto repair use, located at 8984 - 215 Street, subject to the 8 stipulations listed in the Planning Commission Meeting September 7, 2006 Page 9 August 31, 2006 planning report, and approval of the Findings of Fact dated September 7, 2006. Ayes: Grenz, Drotning, Pattee, Manikowski, Stolte, Swecker. Nays: 0 There being no further business, the meeting was adjourned at 7:09 p.m. Respectfully submitted, Penny B e g, Recording Secr ary ATTEST: c 1=_., . Kerrin Swecker, Chair