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Home My WebLink About03-19-09CITY OF LAKEVILLE Planning Commission Meeting Minutes • MARCH 19, 2009 The March 19, 2009 Planning Commission meeting was called to order by Chair Davis in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Chair Davis Vice Chair Lillehei Secretary Pattee Commissioner Drotning Commissioner Grenz Ex-officio Bussler Absent: Commissioner Glad Staff Present: Daryl Morey, Planning Director; Allyn Kuennen, Associate Planner; Zach Johnson, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The January 8, 2009 Planning Commission meeting minutes were approved as presented. • The January 8, 2009 Planning Commission work session notes were approved as presented. The January 22, 2009 Planning Commission work session notes were approved as presented. The March 5, 2009 Planning Commission work session notes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey reminded the Planning Commission about the work session in the Marion Conference Room immediately following tonight's Planning Commission meeting. Mr. Morey welcomed. Boy Scout Troop 111 who were observing tonight's meeting. ITEM 5. CONSENT AGENDA 09.05 Motion was made and seconded to recommend to City Council approval of the March 19, 2009 Planning Commission Consent Agenda as follows: Planning Commission Meeting March 19, 2009 Page 2 • A. Approve the request of Lisa Elliot for athree-year extension of a Special Home Occupation Permit to allow a massage therapy business in her single family home, located at 17071 Everest Path. Ayes: Lillehei, Davis, Pattee, Grenz, Drotning. Nays: 0 ITEM 6. METRO EQUITY MANAGEMENT Chair Davis opened the public hearing to consider the application of Mark Hotzler with Metro Equity Management for a Conditional Use Permit amendment to allow the construction of an offsite parking area located within -the C-CBD, Central Business District Area -Commercial, located at 20675 Holt Avenue. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Brandon Lichty from Metro Equity Management presented an overview of their request. • Associate Planner- Allyn Kuennen presented the planning report. Mr. Kuennen stated that Planning Department staff recommends approval of the CUP .amendment subject to the 3 stipulations listed in the March 13, 2009 planning report. Chair Davis opened the hearing to the public for comment. Colleen Ortner, 20665 Holt Avenue Ms. Ortner lives next to the proposed parking lot. She indicated her concerns were: - Lights coming in through the windows on the south side of her house. - Would like to keep, the existing lilac bushes in place. Does not feel the proposed fence will block the .lights as well as the lilac bushes. Glenn Nord, 20655 Holt Avenue Mr. Nord has commercial and residential interest in this block where the parking lot is proposed. He presented a short history of the block. His concerns were: • Planning Commission Meeting March 19, 2009 Page 3 • - The subject property should not be zoned commercial. Felt that zoning should be divided by streets, not property lines. - Felt this parking lot is a commercial intrusion to what has been a residential use of the property for a very long. time. - Described his landscape, driveway, and parking interest in the "old parking lot." - Felt that the lilac bush on the north side of the existing parking lot, because of its physical size, provides great screening. - Felt that the proposed rain garden will basically become a "mud hold." Questioned the need for a rain garden in this area. Does not agree with the location of the rain garden because it will cause the removal of the lilac bush. - Indicated that the neighbors all agreed that both lilac bushes should be preserved. - Felt that the concerns of the neighborhood far outweighs the proposed construction of the 12 parking spaces. - Felt the City is pressuring the developer to construct the parking lot. - Felt that perhaps the downtown parking problems are due to the post office and once the post office moves to a different building, parking wori t be an issue. Gary Turpening, 20670 Holt Avenue Mr. Turpening finds this "whole thing very alarming." He felt that the neighbors were not consulted about this proposal by City staff and that shows bad faith. Chair Davis instructed Mr. Turpening to refrain from making comments regarding City staff and the Planning Commission. Mr. Turpening apologized, but felt that the neighbors were not considered at all on this project. Robert Schwartz, attorney representing Mr. Hotzler Mr. Schwartz described the previously approved plan for this parking lot, and how these parking lots were going to be integrated. Mr. Schwartz's understanding was that Mr. Nord was going to remove the private easement between the parking lots following the City Council's .approval of the original conditional use permit last year. Mr. Schwartz stated that the easement has not been removed so Mr. Hotzler had to revise the plans such that there will be two parking lots separated by the private easement. The proposed plan meets all City Ordinance requirements. • Pla3ing Commission Meeting March 19, 2009 Page 4 • Assistant City Attorney Poehler explained the Planning Commission's purview related to this request and that the Planning Commission should only .consider City Ordinances, not the private easement when making their recommendation to the City Council Commissioner Drotning explained to the boy scouts in attendance that it's good to have a healthy discussion of the issues during public hearings. The Planning Commission kept the Public .Hearing open. Chair Davis asked for comments from the Planning Commission. Discussion points were: - The developer indicated that they have drawn up an alternative drainage plan for the proposed rain garden that will not impact the lilac bush. - Length of time that this property has been zoned commercial. Mr. Morey indicated that somewhere between 1961 and 1969 the properties on this block were zoned commercial and that same zoning exists today. - Plans for the possible relocation of the distribution function of the . post office are not known at this time. - The Assistant City Engineer described rain gardens, their purpose and how their drainage function works. He provided a picture. of a typical rain garden. He indicated that infiltration is a requirement of the Zoning Ordinance and the use of a rain garden is a way to do this. - It was determined that this parking lot plan can meet Zoning Ordinance requirements. and not encroach on the existing lilac .bushes. - It was determined that an 8 foot tall fence can be installed on the subject property for screening without the need for a conditional use permit. It was agreed to add a stipulation to include an 8 foot high fence along the north and west sides of the proposed parking lot. - It was asked what uses are allowed in the C-CBD District. Mr. Morey indicated that the allowed uses are basically the same as the C-3 District and include restaurants, retail stores, and offices. No residential and no industrial uses are allowed. - It was determined that there was ample opportunity for the neighbors to contact the City staff regarding the revised parking lot plan. The proposed plan was mailed to the neighbors in November, 2008 and a public hearing notice was mailed to everyone within 500 feet of the proposed project at least 10 days prior to tonight's meeting. • Planning Commission Meeting March 19, 2009 Page 5 • Mr. Kuennen visited with Ms. Ortner prior to .tonight's meeting to discuss the plan with her. - The City Attorney advised that the private easement not be included in the Planning Commission s recommendation to the City Council. - It was determined that it would be appropriate to have a stipulation that stormwater drainage be handled on-site and with public right-of- way .and/ or public easements. 09.06 Motion was made and seconded to close the public hearing at 7:27 p.m. Ayes: 5 Nays: 0 The following amendment to Stipulation 3 and an additional stipulation was presented to the Planning Commission by Mr. Morey: 3. The developer shall install an eight foot (8') tall screening fence along the north and west sides of the parking lot expansion. 4. The development must meet stormwater drainage requirements on site and within public right-of-way and/or public drainage and utility easements. • Mr. Morey indicated that the rain garden needs to tie into the existing storm sewer system on the west side of Holt Avenue adjacent to the subject property. Mr. Schwartz clarified that Metro Equity Management LLC is the managing agent for Holyoke Crossing Limited Liability Company. 09.07 Motion was made and seconded to recommend to City Council approval of the Metro Equity Management LLC, as managing agent for Holyoke Crossing Limited Liability Company, Conditional Use Permit amendment to allow the construction of an off-site parking area located within the C-CBD, Central Business District Area - Commercial, located at 20675 Holt Avenue, subject to the following amended stipulations: 1. The recommendations contained in the March 13, 2009 Engineering Report. 2. The site shall be developed in conformance with the plans approved by the City Council 3. The developer shall install an eight foot (8') tall screening fence along the north and west sides of the parking lot expansion. • Planning Commission Meeting March 19, 2009 Page 6 U 4. The development must meet stormwater drainage requirements on site and within public right-of-way and/ or public drainage and utility easements. Ayes: Davis, Pattee, Grenz, Drotning, Lillehei. Nays: 0 There being no further business, the meeting was adjourned at 7:34 p.m. After adjournment of the meeting, Mr. Morey was made. an honorary member of the Boy Scout Troop 111 Buck Patrol The Planning Commission proceeded immediately into a work session. Respectfully submitted, Penny Br , Recording S ary Dated ~'~ q ATTEST: Ei~l/l/~4 B axis, Chair Dated ~ J l~ J