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HomeMy WebLinkAbout11-17-05 CITY OF LAKEVILLE Planning Commission Meeting Minutes NOVEMBER 17, 2005 The November 17, 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, Drotning, Ex-officio Arvidson. Absent: Grenz. Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Jay Rubash, Assistant City Engineer; Roger Knutson, City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The November 3, 2005 Planning Commission meeting minutes were approved as presented. The November 3, 2005 Planning Commission work session notes 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. November 16, 2005 Parks, Recreation and Natural Resources Committee meeting motion regarding the Lakeville Commerce Center East 2nd Addition preliminary and final plat. 2. Copy of the Engineering report revised November 10, 2005 from Monica Heil, Civil Engineer regarding the YMCA Comprehensive Plan amendment. Mr. Morey reminded the Planning Commission that there will be only one Planning Commission meeting held in December, which will be on December 8. He also stated that there will be a work session regarding buffer yard requirements immediately following tonight's regular meeting. ITEM 5. MINNESOTA VALLEY FAMILY YMCA Chair Swecker opened the public hearing to consider the application of Minnesota . Valley Family YMCA for an amendment to the Comprehensive Plan and Municipal Planning Commission Meeting November 17, 2005 Page 2 Urban Service Area (MUSA) boundary, located at 11490 Klamath Trail. City Attorney Knutson attested that the legal notice had been duly published in accordance with State Statutes and City Code. Phil Nyvall of the YMCA and Tom Carlberg, Camp Streefland Program Director, were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Nyvall presented an overview of the request and Mr. Carlberg summarized the programs offered at Camp Streefland. Associate Planner Frank Dempsey, presented the planning report. Mr. Dempsey stated that the Minnesota Valley Chapter of the YMCA has submitted an application for a Comprehensive Plan amendment to allow the extension of a 6 inch wide sanitary sewer line to serve the pool house restrooms located on the north side of Camp Streefland. He explained that the Interim Use Permit approved by the City Council on October 18, 2004 stipulated that the non-compliant septic system serving the pool house restrooms be replaced with a compliant septic system. Mr. Dempsey stated that the YMCA is proposing to extend city sanitary sewer located in the Kenwood Trail right-of-way to serve the restrooms as opposed to replacing the non-compliant septic system with a new septic system. He • indicated that the plans also propose to serve the pool and pool house area with city water, along with a private fire hydrant that will provide additional fire protection for the buildings on the property. Mr. Dempsey stated that the MUSA amendment area and the size of the sanitary sewer would not be large enough to serve re-development of the property. He indicated that this is consistent with the Permanent Rural MUSA designation of the YMCA property. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Comprehensive Plan (MUSA) amendment for the Minnesota Valley Family YMCA, Planning Department staff recommends approval subject to the 3 stipulations listed in the November 10, 2005 planning report, and approval of the Findings of Fact dated November 17, 2005. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.122 Motion by Stolte, Second by Pattee to close the public hearing at 6:05 p.m. Ayes: Pattee, Stolte, Swecker, Detjen, Drotning. • Nays: 0 Planning Coxrunission Meeting November 17, 2005 Page 3 05.123 Motion by Drotning, Second by Pattee to recommend to City Council approval of the Comprehensive Plan (MUSA) amendment for the Minnesota Valley Family YMCA Camp Streefland to allow the extension of city sanitary sewer to serve the restroom building adjacent to the swimming pool located on the north side of the YMCA property, located at 11490 Klamath Trail, subject to the 3 stipulations listed in the November 10, 2005 planning report. Ayes: Stolte, Swecker, Detjen, Drotning, Pattee. Nays: 0 ITEM 6. LAKEVILLE COMMERCE CENTER EAST 2ND ADDITION Chair Swecker opened the public hearing to consider the application of Kenneth and Jean Zak for the following applications on property located north of 210 Street (CSAH 70), south of 205 Street and west of Kenrick Avenue: A. Preliminary and final plat of one commercial lot to be known as Lakeville. Commerce Center East 2na Addition; and B. Conditional use permit to allow a major automobile repair use. City Attorney Knutson attested that the legal notice had been duly published in accordance with State Statutes and City Code. Kenneth and Jean Zak were in attendance at tonight's meeting to answer any. questions that the Planning Commission or public may have. Mr. Zak presented an overview of his project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that .Ken and Jean Zak have applied for a preliminary and final plat and a conditional use permit to relocate their existing automobile repair business to a location on Kenrick Avenue, south of 205 Street and north of 210 Street. He indicated that the total building area will be 14,600 square feet.. Lakeville Collision will occupy 7,400 square feet with the remaining 7,200 square feet being a future multi-tenant commercial building attached to the south side of the auto repair shop. Mr. Dempsey stated that the subject property is currently platted as Outlot A, Lakeville Commerce Center East and must be preliminary and final platted to allow development of the property. He indicated that the proposed major automobile repair use is allowed as a conditional use permit in the C-3, General Commercial District. i Planning Commission Meeting November 17, 2005 Page 4 Mr. Dempsey stated that the subject property lies adjacent to Kenrick Avenue on the east and Interstate 35 on the west. He indicated that a single driveway access with aright-turn lane is proposed off of Kenrick Avenue. Mr. Dempsey stated that there are no significant trees or wetlands on the Lakeville Commerce Center East 2nd Addition property. He indicated that staff is recommending that the amur maple trees shown on the landscape plan be replaced with overstory trees. Mr. Dempsey stated that staff is recommending a cash contribution to satisfy the park dedication requirement for Lakeville Commerce Center East 2nd Addition. The Parks, Recreation and Natural Resources Committee motion regarding their recommendation from the November 16, 2005 meeting was distributed at tonight's meeting. Mr. Dempsey stated that MnDOT has received a copy of the preliminary and final plat plans since the subject property abuts Interstate 35. He indicated that MnDOT has recommended a revision to the grading of the stormwater basin adjacent to the I-35 right-of-way. Mr. Dempsey indicated that MnDOT stated that this will reduce . the potential for erosion of the I-35 roadway bank. The plans have been revised to reflect this recommendation. Mr. Dempsey reviewed the conditional use permit performance standards for major automobile repair uses and for the C-3 General Commercial. District, which are listed in detail in the November 10, 2005 planning report. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Lakeville Commerce Center East 2nd Addition preliminary and final plat and conditional use permit, Planning Department staff recommends approval subject to the 17 stipulations listed in the November 10, 2005 planning report, and approval of the Findings of Fact dated November 17, 2005. Mr. Zak commented that he had not seen the landscape plan prior to tonight's meeting and did not want to install any landscaping that would prevent freeway traffic from seeing his building. It was confirmed that Chris Remus of James R. Hill did submit the landscape plan to Mr. Zak and to the Planning Department. Mr. Dempsey explained that landscaping is required to screen the service doors from both Kenrick Avenue and the freeway. Mr. Zak stated that he would install the landscaping according to the landscape plan with the modification recommended by staff. Planning Commission Meeting November 17, 2005 Page 5 Mr. Zak also questioned whether the construction of a southbound right turn lane on Kenrick Avenue at his proposed driveway as stipulated in the planning report is necessary. The Planning Commission agreed that it is necessary for traffic safety reasons. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.124 Motion by Detjen, Second by Pattee to close the public hearing at 6:22 p.m. Ayes: Swecker, Detjen, Drotning, Pattee, Stolte. Nays: 0 Commissioner Drotning commented that the landscaping should be more balanced and more consistent around the whole property. The Planning Commission suggested that the applicant meet with staff to revise the landscape plan to reduce the landscaping along Kenrick Avenue to address Mr. Zak's concerns about visibility and to increase landscaping along I-35 to address the Planning Commission s recommendation. • 05.125 Motion by Drotning, Second by Detjen to recommend to City Council approval of the Lakeville Commerce Center East 2nd Addition preliminary and final plat of one commercial lot and conditional use permit to allow a major automobile repair use, located north of 210th Street (CSAH 70), south of 205th Street and west of Kenrick Avenue, subject to the 17 stipulations listed in the November 10, 2005 planning report, and approval of the Findings of Fact dated November 17, 2005. Ayes: Detjen, Drotning, Pattee, Stolte, Swecker. Nays: 0 Item 7. Jerry's Yamaha (tabled at the August 18, 2005 Planning .Commission meeting) Chair Swecker continued discussion of the Jerry's Yamaha conditional use permit, located at 8337 - 210th Street. Jerry Tongen was not present at tonight's meeting. Chair Swecker, along with the Planning Commission, expressed their disappointment with Mr. Tongen for not attending tonight's meeting. Ms. Swecker commented on Mr. Tongen s blatant disregard for the Zoning Ordinance given the current zoning violations at this site. She felt Mr. Dempsey and City staff have i Planning Commission Meeting November 17, 2005 Page 6 done a good job communicating to Mr. Tongen the Zoning Ordinance and conditional use permit submittal requirements. Associate Planner Frank Dempsey stated that the Planning Commission closed the August 18, 2005 public hearing and continued discussion to a future meeting to allow staff time to review the new information that Mr. Tongen submitted on the day of the August 18, 2005 Planning Commission meeting and to incorporate Planning Commission recommendations from the August 18, 2005 meeting. Mr. Dempsey stated that on September 20, 2005 he sent a letter to Mr. Tongen to notify him that the City was extending action on the conditional use permit application an additional 60 days (until November 24, 2005) as allowed by State Statute, to allow him additional time to submit the information requested by the Planning Commission and staff. He stated that on October 25, 2005 he sent Mr. Tongen a letter reminding him of the additional information that the Planning Commission had requested from the August 18, 2005 public hearing and stating several Zoning Ordinance violations occurring on the property. Mr. Dempsey stated that on November 10, 2005 Mr. Tongen's attorney submitted a letter on Mr. Tongen s behalf requesting that his conditional use permit for the outdoor storage and fence height greater than 8 feet be withdrawn. He indicated that Mr. Tongen is now requesting approval of a conditional use permit for the minor auto repair only. Mr. Dempsey reviewed the new issues that have arisen since the August 18, 2005 Planning Commission meeting. He indicated that if Zoning Ordinance violations continue on the property after consideration by the City Council of the conditional use permit request, staff will begin enforcement of the violations. Mr. Dempsey reviewed Mr. Tongen s plans for the subject property, including the possible construction of an accessory storage building, which is not shown on the current plan submittal Mr. Dempsey stated that staff discussed with the City Attorney the Planning Commission's recommendation that all site or building Zoning Ordinance non- conformities be brought into compliance as a stipulation of the conditional use permit request. He stated that the City Attorney indicated that all stipulations must be directly related to the conditional use permit request. Mr. Dempsey indicated that the applicant has not submitted the information requested in the August 12, 2005 planning report and the information requested by Planning Commission Meeting November 17, 2005 Page 7 i the Planning Commission at the August 18, 2005 meeting. As such, Mr. Dempsey stated that these items are included as stipulations in the November 10, 2005 planning report. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the conditional use permit request for minor auto repair, Planning Department staff .recommends approval subject to the 22 stipulations listed in the November 10, 2005 planning report and approval of the Findings of Fact dated November 17, 2005. Mr. Dempsey stated that most of the stipulations listed in the November 10, 2005 planning report are Zoning Ordinance requirements and performance standards for a minor auto repair use. He indicated that staff is recommending amending stipulations 8, 9,10,14,15,16,17,19, and 22 to reflect a December 30, 2005 date for submission of the required plans and supporting documents. Mr. Dempsey also stated the staff is recommending amending Stipulation 7 to state: 7. Ten, six foot tall Black Hills Spruce tress shall be planted by Tune 30, 2006 as identified on the approved site plan. Commissioner Drotning commented that the Planning Commission needs to vote on the request of the applicant, not on the applicant's attitude or behavior. He indicated that the stipulations are not unreasonable and that any applicant would need to comply with the stipulations. Commissioner Drotning recommended amending Stipulation 1 to read: 1. The paved surface area shall be constructed according to the site plan approved by the City Council, with an approved barrier curb. Commissioners Stolte, Pattee and Detjen indicated that because the applicant did not submit the required plans and supplemental information they could not recommend approval of the conditional use permit. Mr. Morey expressed City staff's extreme frustration with the applicant. He indicated that staff has always taken great pains to ensure that the Planning Commission receives all the plans and information they need to make their recommendation, but it was very difficult to provide the necessary .plan and information with this conditional use permit without the. cooperation of the i applicant. Planning .Commission Meeting November 17, 2005 Page 8 Mr. Morey explained that the Planning Commission will make their recommendation to the City Council and if the City Council denies the request for a conditional use permit amendment, Mr. Tongen would not be able to re-apply for at least 6 months as stated in the Zoning Ordinance. Mr. Morey indicated that if the City Council approves the application, staff will verify that the applicant is complying with the approved stipulations and Zoning Ordinance requirements. .Commissioner Drotning stated that there is a current zoning enforcement issue with this use regardless of the Planning Commission or City Council decision on the conditional use permit request. 05.126 Motion by Detjen, Second by Drotning to recommend to City Council approval of the Conditional Use Permit for Jerry s Yamaha to allow a minor auto repair use located at 8337 - 210 Street, subject to the 22 stipulations listed in the November 10, 2005 planning report, as amended, and approval of the Findings of Fact dated November 17, 2005. Ayes: Drotning. Nays: Pattee, Stolte, Swecker, Detjen. Reason for Nays: Indicated that because the applicant did not submit the required plans and supplemental information they could not recommend approval of the conditional use permit. There being no further business, the meeting was adjourned at 6:58 p.m. Respectfully submitted, Penny Br Recording Sec t y ATTEST: a~.---- Kernn Swecker, Chair Meeting Notes Planning Commission Work Session Thursday, November 17, 2005 Marion Conference Room The Planning Commission work session commenced at 7:15 p.m. in the Marion Conference Room at City Hall. Commissioners Present: Kerrin Swecker, Dale Detjen, Karl Drotning, Lowell Miller Stolte, and Steve Pattee, and ex-officio John Arvidson. Staff Present: Planning Director Daryl Morey, Assistant City Engineer Jay Rubash, and Daniel Licht of Northwest Associated Consultants. Mr. Licht identified the proposed modifications to the residential buffer yard requirements described in his November 7, 2005 memorandum. These modifications were discussed at the last work session, held on November 3, 2005. The proposed modifications include wording to: • Clarify the point where berm height is measured. • Require a certified grading plan for berms prior to the installation of buffer yard landscaping. • Create a two tiered hierarchy of buffer yard berming and landscaping requirements -one for major collector streets and one for arterials streets. • Increase the width of lots abutting a major collector or arterial street in all single family zoning districts to better accommodate the existing buffer yard berming and landscaping requirements. • Increase the depth of lots abutting a major collector or arterial street to 170 feet. in the RS-3, RS-4, RST-1, and RST-2 districts, consistent with the buffer yard lot depth requirement in the RS-2 district. • Increase the RM-1 (and RH-1) buffer yard setback requirement from 50 feet to 70 feet along arterial streets to better accommodate the existing berm and total screening height requirements of 6 and 12 feet, respectively. • Revise the current exception to .the berming requirement in cases of steep slopes. Mr. Licht stated that NAC staff researched the University of Nebraska study on living walls referenced at the October 20, 2005 work session and found that the study pertains mostly to hedges. The majority of the Planning Commission members agreed with the proposed modifications as presented. They further made the following recommendations: • Add wording to the Subdivision Ordinance to require a relatively flat area a minimum of 20 feet behind the house pad for single family lots to accommodate rear yard drainage, except where environmental conditions would preclude this requirement. • The grade for determining berm height should be measured at a point between the street right-of-way line and the dwelling building pad location. • Revise the wording in the Zoning Ordinance to ensure that any fences are installed on the house side of the berm. Planning Commission Work Session November 17, 2005 S The Plannin Commission directed staff to seta ublic hearin on Zonin Ordinance and 9 p g g Subdivision Ordinance amendments to the residential buffer yard requirements for their December 8, 2005 meeting. They further directed staff to notify the developers of the public hearing date and provide them with information on the proposed modifications. The work session was adjourned at 8:10 p.m. R spectfully submitted, Daryl Mo ey, Plann' Director 2