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HomeMy WebLinkAbout09-08-05 CITY OF LAKEVILLE Pianning Commission Meeting Minutes • SEPTEMBER 8, 2005 The September 6, 2005 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 Arvidson. Absent: Reuvers. Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Leif Hanson, Zoning Enforcement/ Recycling Coordinator; Jay Rubash, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The August 18, 2005 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. September 7, 2005 Parks, Recreation and Natural Resources Committee meeting motions regarding the Spruce Place preliminary and final plat. 2. Copy of revised page 9 of the Spruce Place planning report indicating a correction under Stipulation 6. Mr. Morey stated that regarding Agenda Item 10, discussion with DNR staff has indicated that the advertised amendment to the Shoreland Overlay District is not required. ITEM 5. D. R. NORTON, INC. Chair Swecker opened the Public Hearing to consider .the application of D. R. Horton, Inc. for the vacation of road right-of-way, located north of 175 Street, east of Kenrick Avenue, west of Jonquil Avenue and south of Joplin Avenue and Jordan Court. Assistant City Attorney Poehler attested that the legal notice had been duly .published in accordance with State Statutes and City Code. Planning Commission Meeting September 8, 2005 Page 2 Jerry Slobodnik from D. R. Horton, Inc. and Rick Thompson from Bohlen Engineering were in attendance at tonight's meeting to answer. any questions that the Planning Commission or public may have. Mr. Thompson presented an overview of the project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that on June 6, 2005, the City Council approved the vacation of Hibbard :.Highway .right-of-way in conjunction with the Argonne Estates preliminary plat. The Argonne Estates final plat was approved by the City Council on July 18, 2005. Mr. Dempsey stated that the Dakota County Examiner of Titles and the Dakota. County Surveyor have determined that the previously approved Hibbard Highway right-of-way description, provided by the developer's surveyor in conjunction with the vacation application, was not drafted correctly. He reviewed the Examiner of Titles recommendation to correct the right-of-way description for the vacation of Hibbard Highway. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the remaining Hibbard Highway right-of-way vacation, Planning Department staff recommends approval as presented. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.89 .Motion by Pattee, Second by Stolte to close the public hearing at 6:07 p.m. Ayes: Pattee, Stolte, Swecker, Detjen, Grenz, Drotning. Nays: 0 05.90. Motion by Stolte, Second by Pattee to recommend to City Council approval of the vacation of road right-of-way, located north of 175 Street, east of Kenrick Avenue, west of Jonquil Avenue and south of Joplin Avenue and Jordan Court, as presented. Ayes: Pattee, Stolte, Swecker, Detjen, Grenz, Drotning. Nays: 0 ITEM 6. FAMILY OF CHRIST LUTHERAN CHURCH Chair Swecker opened the Public Hearing to consider the application of Family of Christ Lutheran Church for a Conditional Use Permit amendment to allow a • building addition onto Family of Christ Lutheran Church, located. at 10970 - 185 Planning Commission Meeting September 8, 2005 Page 3 Street. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Brian Knutson .from Family of Christ Lutheran Church was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Knutson presented an overview of the project, Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that representatives of Family of Christ Lutheran Church have submitted plans for a two level expansion of the Family of Christ Lutheran Church, which include office, classroom and meeting room space. The actual foundation floor area of the addition will be 7,215 square feet. Mr. Dempsey stated that the church representative informed him today that they are interested in constructing the 14 space parking lot that was originally shown as future construction and not part of this Conditional Use Permit amendment. Mr. Dempsey described the proposed exterior materials and colors of the building. addition, which will match the existing church building. He also indicated that the . proposed addition complies with all setback requirements. Mr. Dempsey stated that the existing shed located west of the church will be relocated to an area south of the existing church building. He indicated. that the shed does not meet the 33 foot setback to the delineated wetland edge in the currently proposed location, so the plans must be revised to indicate a location that meets the wetland setback requirement prior to City Council consideration of the conditional use permit amendment. Mr. Dempsey explained the current parking requirements for the proposed church addition, along with the parking requirements that were in effect when the church was first constructed. He indicated that a total of 121 parking spaces -will be required under current Zoning Ordinance requirements. Mr. Dempsey stated that, given the church's proposal to construct the 14 additional parking spaces within this addition, staff is recommending deleting everything under Stipulation 5, except the first sentence and adding. language stating that the. church build the 14 additional. parking stalls on the south side of the building with this construction phase, thereby eliminating the need for a parking deferment. Mr. Dempsey stated that should the Planning Commission recommend to the`Cty • Council approval of the Family of Christ Lutheran Church Conditional Use Permit Planning Commission Meeting September 8, 2005 Page 4 Amendment, Planning Department staff recommends approval subject to the 11 stipulations listed in the September 2, 2005 planning report, as amended, and approval of the Findings of Fact dated September 8, 2005. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.91 Motion by Drotning, Second by Detjen to close the public hearing at 6:15 p.m. Ayes: Stolte, Swecker, Detjen, Grenz, Drotning,, Pattee. Nays: 0 Commissioner Drotning was pleased that the church has chosen to build the additional 14 parking spaces with this construction phase. Commissioner Stolte asked that Mr. Dempsey explain the minor variance mentioned in Stipulation 9. Mr. Dempsey indicated that a minor variance for parking lot and sign setbacks was approved by the City Council on May 24, 2004 in conjunction with the County Road 60 improvement project. 05.92 Motion by Drotning, Second by Pattee to recommend to City Council approval of the Family of Christ Lutheran Church Conditional Use Permit amendment to allow a building addition onto Family of Christ Lutheran Church, .located at 10970 -185 Street, subject to the 11 stipulations listed in the September 2, 2005. planning report, as amended, and approval of the Findings of Fact dated September 8, 2005. Ayes: Swecker, Detjen, Grenz, Drotning, Pattee, Stolte. Nays: 0 ITEM 7. BERNCO, INC. Chair Swecker opened the public hearing to consider the application of Bernco, Inc.. for a Conditional Use Permit amendment to allow an addition onto the existing Bernco building which is not served with City sanitary sewer and is located in the I- 1, Limited Industrial District, located at 11356 - 215 Street. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Robert Benson from Bernco, Inc. and Jim Connelly from APPRO Development were in attendance at tonight's meeting to answer any questions that the Planning • Planning Commission Meeting September 8, 2005 Page 5 Commission or public may have. Mr. Connelly presented an overview of the project. Zoning Enforcement/ Recycling Coordinator Leif Hanson presented the planning report. Mr. Hanson stated that Bernco representatives have submitted an application for a Conditional Use Permit amendment to construct a 45,360 square foot addition onto their existing building that is not served with City sanitary sewer. Mr. Hanson reviewed the history of the Bernco site and approved planning actions. He indicated that with the proposed addition, Bernco's building will be approximately 87,765 square feet in size. Mr. Hanson reviewed the relevant performance standards in the Zoning Ordinance for approving a conditional use permit amendment, which are listed in detail in the August 31, 2005 planning report. Mr. Hanson stated that should the Planning. Commission recommend to the City Council approval of the Bernco Conditional Use Permit amendment, Planning • Department staff recommends approval subject to the 11 stipulations listed. in the August 31, 2005 planning report, and approval of the Findings of Fact dated September 8, 2005. Chair Swecker. opened the hearing to the public for comment. There were no comments from the audience. 05.93 Motion by Pattee, Second by Detjen to close the public hearing at 6:30 p.m. Ayes: Detjen, Grenz, Drotning, Reuvers, Pattee, Stolte, Swecker. Nays: 0 Commissioner Grenz suggested putting a sunset date on Stipulation 4 regarding the relocation of parking spaces located in excess Dakota County right-of-way. After some discussion, it was decided that a sunset date was not needed. Mr. Morey indicated that the City is working with the County on the I-35/CSAH 70 interchange improvements. He stated that staff will pursue the excess right-of-way vacation with Dakota County following the completion of the interchange improvements. Mr. Morey indicated that if the County decided not to vacate the excess right-of-way, there is sufficient area on the property to relocate the 21 parking spaces. Planning Commission Meeting September 8, 2005 Page 6 Chair Swecker .confirmed that the 33 parking spaces identified as deferred are completely located on Bernco property. She also asked if there was any roof top equipment that is visible from the interstate. Mr. Connelly indicated that there is very .little roof top equipment and you cannot see it from the interstate due to the grades on-site. Commissioner Drotning stated that a conditional use permit would not be required if Bernco, Inc. was hooked up to city sanitary sewer. 05.94 Motion by Detjen, Second by Pattee to recommend to City Council approval of the Bernco, -Inc. Conditional Use Permit amendment to allow an addition onto the existing Bernco building which is not served with City sanitary sewer and is located in the I-1, Limited Industrial District, located at 11356 - 215 Street, subject to the 11 stipulations listed in the August 31, 2005 planning report, and approval of the Findings of Fact dated September 8, 2005. Ayes: Grenz, Drotning, Pattee, Stolte, Swecker, Detjen. Nays: 0 ITEM 8. MANLEY BROTHERS CONSTRUCTION, INC. Chair Swecker opened the public hearing to consider the application of Manley Brothers Construction, Inc. for a preliminary and final plat of 32 townhome lots,and one common area lot to be known as Spruce Place, located at 7926 and 7900 - 210 .Street and the vacation of all boundary drainage and utility easements within the subject property. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Troy Asleson from Manley Brothers Construction, Inc. and Wayne Lamoreaux from Pioneer Engineering: were in attendance at .tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Asleson presented an overview of the project. He distributed building elevation drawings to the Planning Commission and staff which proposed slightly modified exterior materials elevations. Associate Planner Frank Dempsey presented the. planning report. Mr. Dempsey stated that representatives of Manley Brothers Construction Inca have submitted applications for the preliminary and final plat of Spruce Place and vacation of all boundary drainage and utility easements within the subject property. He indicated that the subject property includes parent parcels of Lot 1, Block 1, Lakeville Family Housing Second Addition and two metes and bounds parcels. Planning Commission Meeting September 8, 2005 Page 7 Mr. Dempsey stated that the developer proposes to vacate the easements on Lot. 1, Block 1, Lakeville Family Housing Second Addition and re-establish them with the Spruce Place preliminary and final plat. Mr. Dempsey stated that all lots meet the RM-1 District lot area requirements of the Zoning Ordinance. He indicated that there are no outlots proposed with the Spruce Place preliminary and final plat and that it will be a single phase development. Mr. Dempsey stated that access to the Spruce Place development is proposed off of four separate private driveways that access 210 Street. There will be no public streets constructed with the Spruce Place development. He indicated the location of trails and paths to be constructed with this development. Mr. Dempsey indicated that the existing overhead electric power distribution lines on the north side of the property .:adjacent to 210 Street will be .placed underground. He stated that the developer has requested that Xcel Energy. vacate a 50 foot .wide utility easement that overlaps and runs parallel to the 66 foot wide transmission line easement that runs east and west along the south side of the property Mr. Dempsey stated the tree preservation plan indicates that of the 92 significant trees on site, 41 are proposed to be saved resulting in a save rate of .44.6%. He indicated that there are no wetlands within the subject site. Mr. Dempsey indicated that the Spruce Place preliminary and final plat will be subject to a cash fee to meet the park dedication requirement. The Parks, Recreation and Natural Resources Committee recommendation for this preliminary and final plat has been distributed to the Planning Commission at tonight's meeting. Mr. Dempsey stated that 0.8 acres of the 5.6 acre preliminary and final plat. area is located in the Shoreland Overlay District in South Creek. He stated that the. plans indicate that the impervious surface area within the Shoreland Overlay District portion of the Spruce Place plat will be 12.6%. Mr. Dempsey reviewed the RM-1 District performance standards for the proposed 32 townhorne units in Spruce Place, including permitted uses, density, exterior building finish, garages, private drives, and guest parking. He indicated that the proposed development meets the RM-1 District requirements of the Zoning • Ordinance. Planning Commission Meeting September 8, 2005 Page 8 s Mr, Dempsey reviewed the proposed landscape plan submitted by the developer, including the required buffer yard screening. He indicated that the. landscape plan must be revised to show landscape screening on the south side of the private drives, to help screen headlights from Lakeville Boulevard, prior to City Council consideration of the Spruce Place preliminary and final plat. He indicated that the developer must submit documentation that the landscaping meets the minimum valuation requirements outlined in .the Zoning Ordinance prior to City Council consideration of the preliminary and final plat. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Spruce Place preliminary and final plat and easement vacation, Planning Department staff recommends approval subject to the 16 stipulations listed in the September 2, 2005 planning report, and approval of the Findings of Fact dated September 8, 2005. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.95 Motion by Stolte, Second by Drotning to close the public hearing at 7:00 p.m. Ayes: Drotning, Pattee, Stolte, Swecker, Detjen, Grenz. Nays: 0 The Planning Commission indicated that the developer must submit total exterior building materials calculations for staff review prior to City Council consideration of the preliminary and final plat. Commissioner Drotning liked the revised elevations better than the original drawings submitted with the packet material. He confirmed that. the storm shelters are not located in a storage room. Mr. Dempsey indicated that the storm shelter is designed into the first floor guest bathroom. Commissioner Drotning stated that adding trees at the end of the private driveways could cause problems with snow storage and indicated that the landscaping to screen headlight glare be incorporated into the .proposed landscaping along Lakeville Boulevard. The following amendments to .the stipulations listed in the September 2, 2005 planning report were recommended: .Planning Commission Meeting September 8, 2005 Page 9 • Stipulation 4: The exterior building materials shall meet the requirements of Chapter 11-58-21 C4 a-d. .All exterior building materials, including the trim and columns shall be maintenance free materials. Prior to City Council consideration of the preliminary and final plat, the building elevation plans must be revised to identify total exterior materials percentages. Stipulation 5: ...The landscape plan shall be revised to show landscaping to screen~g-en the south sides of the private driveways... Stipulation 9 e): e) Guest Parking = 3A-feet 15 feet Stipulation 11: The developer shall install afive-foot wide concrete sidewalk on the east side of Hamburg Avenue and south side of 210+ Street 05.96 Motion by Drotning, Second by Pattee to recommend to City Council approval of the Spruce Place preliminary and final plat of 32 townhome lots and one common area lot and the vacation of all boundary drainage and utility easements within the subject property, located at 7926 and 7900 - 210 Street, subject to the 16 stipulations listed in the September 2, 2005 planning report, as amended, and approval of the Findings of Fact, dated September 8, 2005. Ayes: Pattee, Stolte, Swecker, Detjen, Grenz, Drotning. Nays: 0 ITEM 9. AIRLAKE DEVELOPMENT, INC. Chair Swecker opened the public hearing to consider the application of Airlake Development, Inc. for the following for property located east of Cedar Avenue (C.R. 23) and south of Lakeville Boulevard. (C. R. 50): A. Comprehensive Plan amendment to amend the 20201and use plan to change the land use designation of property from Industrial to Commercial, and B. Zoning Map amendment to rezone property from I-2, .General Industrial District to C-2, Highway Oriented Planning Commission Meeting September 8, 2005 Page 10 i Commercial District. Assistant City Attorney Poehler attested that the legal notice had been duly. published in accordance with State Statutes and City Code. Jack Matasosky. from APPRO Development, representing Airlake Development was in attendance at tonight's meeting to answer any questions that the Planning Commission. or public may have. Mr. Matasosky presented an overview of the request. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that Airlake Development has submitted applications fora .proposed Land Use Plan and Zoning Map amendment to designate a 28.39 acre parcel located south of Lakeville. Boulevard and east of Cedar Avenue for commercial uses zoned C-2 District. He indicated that. Airlake Development also owns the 13.16 acre parcel in the .immediate southeast quadrant of Lakeville Boulevard and Cedar Avenue and they are interested in a coordinated commercial development of both properties. Mr. Morey stated that the Land Use Plan designates all four quadrants of the Lakeville Boulevard and Cedar Avenue intersection for commercial uses and all are zoned C-2 District. East of Cedar Avenue, the designation of commercial uses on . the 2020 Land Use Plan and C-2 District zoning on the north side of Lakeville Boulevard extends the entire frontage of Lakeville Boulevard to the City's eastern boundary with Farmington. On the south side of Lakeville Boulevard, only the parcel directly adjacent to the Lakeville Boulevard and Cedar Avenue intersection is guided for commercial uses and zoned C-2 District. Mr. Morey stated that the 2020 Land Use Plan designates the subject parcel, which is located one quarter-mile east of the intersection of Lakeville Boulevard and Cedar Avenue and extending to the City's east boundary, for industrial use, and it is zoned I-2 District. The location of the subject parcel is near the intersection of two high density minor arterial streets with frontage directly to Lakeville Boulevard. Planning Department staff feels that development of the subject parcel for commercial (rather than industrial uses) is appropriate and recommends that the land use plan be amended to guide this parcel for commercial uses and the Zoning Map be amended, rezoning the parcel from I-2 District to C-2 District. Chair Swecker opened the hearing to the public for comment. Roger Pedersen, 6890 Lakeville Boulevard Mr. Pedersen wanted o be sure he was notified when a development proposal for . this property was submitted to the City. He indicated that stormwater run-off onto. Planning Commission Meeting September 8, 2005 Page 11 his property is a problem, and he wanted to know if this could be rectified with any new development. Also, he asked where the access point .would be for the development of this property. Finally, Mr. Pedersen indicated that nighttime noise from the Toro distribution center was a concern. 05.97 Motion by Drotning, Second by Pattee to close the public hearing at 7:20 p.m. Ayes: Pattee, Stolte, Swecker, Detjen, Grenz, Drotning. Nays: 0 Chair Swecker thanked Mr. Pedersen for his comments. She informed him that even though he lives in Farmington, he would be informed in writing of any planning applications that will be brought to the Planning Commission for this property because he is within the 500 feet of the subject property. Mr. Rubash indicated that with any new development, the stormwater run-off to adjacent properties would be held to pre-development rates. Mr. Matasosky stated that they have not yet determined access to the property without a proposed plan. They will work within the County's access spacing. .guidelines and offered to meet with the neighbors to share their development plans prior to construction. Commissioner Stolte asked for examples of the different uses allowed in the I-2 and. C-2 Districts. Mr. Morey identified differences in the allowed uses between the two zoning districts. He stated that industrial uses typically have more negative impacts on adjacent residential properties than do commercial uses. He indicated that. a landscaped buffer area .would be required to screen the commercial development from the adjacent residential use to the east. Commissioner Drotning added that commercial uses will likely be less intense than industrial uses and have better architectural design. He felt the commercial rezoning was appropriate. 05.98 Motion by Pattee, Second by Stolte to recommend to City Council approval of the Comprehensive Plan amendment to amend the 2020 Land Use Plan to change the land use designation of the subject property from Industrial to Commercial, and a Zoning Map amendment to rezone the subject property from I-2, General Industrial District to G2, Highway Oriented Commercial District, as presented, and approval of the Findings of Fact dated September 8, 2005. Ayes: Stolte, Swecker, Detjen, Grenz, Drotning, Reuvers, Pattee. Nays: 0 Planning Commission Meeting September 8, 2005 Page 12 • ITEM 10. CITY OF LAKEVILLE Chair Swecker opened the public hearing to consider the following amendments to Title 11 of the Lakeville City Code, the Zoning Ordinance: Chapter 11-19, Off-Street Parking Requirements, Chapter 11-72, C-2, Highway Oriented Commercial District. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mr. Morey stated that Planning Department staff has studied the allowed uses in the C-2 District as a result of proposed office/retail developments in both the southeast and northeast quadrants of Cedar Avenue and Lakeville Boulevard. Mr. Morey indicated that the proposed amendment to Chapter 11-72 of the Zoning Ordinance will allow the permitted uses in the C-1 District to "roll over' into the C- 2District, He stated that this "roll over' of permitted uses from a lower intensity to a high intensity zoning district is typical in Lakeville's Zoning Ordinance. He identified the permitted uses in the C-1 and C-2 Districts. Concerning the proposed amendment to Chapter 11-19 of the Zoning Ordinance, Mr. Morey stated that Lakeville Theatre is proposing to add three screens and 870 seats to the northwest corner of their building, resulting in a 21 screen facility with a total capacity of 4,170 seats. He indicated that the proposed building expansion encroaches into existing parking spaces, but the preliminary site plan would reconfigure the parking such that there is a net gain of four stalls. The submitted site plan shows 1,223 parking stalls to be available after the proposed expansion, a ratio of 1 stall per 3.4 seats for the expanded theatre. Mr. Morey stated that the current parking requirement for a movie theatre of this size is 1 stall per 2.5 seats. Mr. Morey stated that studies performed by the Institute of Transportation Engineers concluded that a parking standard of 1 stall per 3.33 seats for multiplex theatres with more than 3,500 seats would be appropriate to accommodate peak parking demand. The studies do not account for any drop off traffic. Cities in the Twin Cities metropolitan area with larger theatres were also. surveyed for their parking requirements. The survey indicated that most. cities require 1 stall per 4 seats, or 1 stall per 3 seats with a shared parking arrangement. As such, the parking requirement for smaller movie theatres, and all other auditoriums such as churches, would remain the same. i Planning Commission Meeting September 8, 2005 Page 13 Planning Department staff is recommending an amendment to the parking section of the Zoning Ordinance to create a separate standard for multiplex theatres only, at 1 stall per 3.4 seats. Chair Swecker opened the hearing to the public for comment. .There were no comments from the audience. 05.99 Motion by Drotning, Second by Pattee to close the public hearing at 7:40 p.m. Ayes: Swecker, Detjen, Grenz, Drotning, Pattee, Stolte. Nays: 0 Commissioner Drotning was. very pleased with the Zoning Ordinance "fixes' proposed by agenda item numbers 9 and 10. Commissioner Grenz, along with Commissioner Stolte and Pattee, felt that there was plenty of parking at the Lakeville Theatre and expressed confidence in the parking ratio identified in the ITE studies. 05.100 Motion by Drotning, Second by Stolte to recommend to City Council approval of the following amendments to Title 11 of the Lakeville City Code, the Zoning Ordinance: Chapter 11-19, Off-Street Parking Requirements; Chapter 11-72, C-2, Highway Oriented Commercial District, as presented. Ayes: Detjen, Grenz, Drotning, Pattee, Stolte, Swecker. Nays: 0 There being no further business, the meeting was adjourned at 7:50 p.m. Respectfully submitted, Penny evi ,Recording ecr Lary ATTEST: Kerrin Swecker, Chair