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HomeMy WebLinkAbout03-18-04 .CITY OF LAKEVILLE Planning Commission Meeting Minutes MARCH 18, 2004 The March 18, 2004 Planning. Commission meeting was called to order by Chair Stolte in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz, Drotning, ex-officio Arvidson. Absent: None. Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Leif Hanson,. Zoning Enforcement Coordinator; Jay Rubash, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary.. ITEM 3. APPROVAL OF MEETING MINUTES: :The March 4, 2004 Planning Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated that City staff is recommending continuing Item 8, the. Public Hearing for Super America, to the April 1, 2004 Planning Commission meeting due to a number of unresolved issues related to the proposed Kelley's First Addition .preliminary and final plat and conditional use permit and the. associated Super America conditional use permit and. minor variance. ITEM 5. MERCHANTS BaNx (Tabled from February 19, 2004 Planning Commission meeting) Chair Stolte re-opened the discussion to consider the application of Merchants Bank National Association for the preliminary and final plat of one commercial lot to be known as Merchants Subdivision, and the vacation of a public drainage and utility easement located at the southwest corner of Kenwood Trail (C.R. 50) and 185 Street (C.R. 60). Harold Erickson of Yaggy Colby Associates and Patrick Farrington, President of Merchants Bank National Association were in attendance at tonight's meeting to answer any .questions that the Planning Commission or public .may have. Mr. Erickson presented an overview of the changes that. were made to the plans as recommended by the Planning Commission at the February 19, 2004 meeting. Associate Planner Frank Dem se resented the lannin re ort. Mr. Dem se p Yp p g P p Y stated that at the February 19, 2004 meeting, the Planning Commission tabled Planning Commission Meeting March 18, 2004 Page 2 discussion of the Merchants Subdivision preliminary and finalplat to'allow the developer ime to address the Planning Commission's comments regarding vehicular circulation and parking lot arrangement on the proposed site. He indicated'that Merchants Bank representatives have submitted revised plans that staff feels addresses the concerns raised by the Planning Commission at the February 19, 2004 meeting. Mr. Dempsey described. the revisions to the Merchants Bank plans, which are listed in detail in the March 12, 2004 planning report. They include the preliminary and. final plat plans being revised to propose only one lot and one outlot rather than two lots; parking and drive aisle reconfiguration, and landscaping modifications. Mr. Dempsey stated that the Dakota County Plat Commission has been informed of the changes to the internal lot boundaries and acopy of the revised final plat has been forwarded for their review. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Merchants Subdivision preliminary and final plat and easement vacation, Planning Department staff recommends approval subject to the. 9 stipulations listed in the March 12, 2004 planning reports. Chair Stolte stated thaf the specific landscaping recommendations listed in the March 12, 2004 planning report should be included in the 9 stipulations. being recommended by Planning Department staff. Mr. .Dempsey :clarified the landscaping issues and indicated that stipulation. 5 states that landscaping shall. be installed according to the approved landscape plan. Mr. Dempsey indicated that staff would work with the developer to ensure thaf the landscape plan is revised to incorporate the recommendations listed in the planning report prior to City Council .consideration of the preliminary and final plat. Commissioner. Drotning expressed concern about snow storage due to the location of proposed landscaping directly adjacent to parking spaces. He suggested that the proposed landscaping be shifted away from the edge of the parking areas. Commissioner .Drotning also asked if landscaping could be added east of the drive up area.. Mr. Rubash indicated that the City's .trunk waterrnain and sanitary sewer lines are located within a drainage and utility easement in this area and stated that any landscaping placed within the easement may have o be torn up in the future in order to maintain these trunk lines. Commissioner .Drotning asked if the developer could install directional signs adjacent to their .driveway access? Mr. Dempsey stated that the Sign Ordinance allows up to four directional signs no .more than .four square feet in area on the property. Planning Coininission Meeting March 18, 2004 Page 3 Commissioner Drotning thanked Mr. Erickson and Mr. Farrington for their cooperation in revising the plans to address the Planning Commission's concerns. 04.24 Motion by Drotning, Second by Reuvers to recommend to City Council approval of the preliminary and final plat of one commercial lot to be known as Merchants Subdivision, located at the southwest corner of Kenwood Trail (C.R. 50) and 185 Street. (C.R. 60), .subject to the 9 stipulations listed in the March 12, 2004 planning report, and approval of a vacation of a public drainage and utility easement. Ayes: Reuvers, Pattee,Swecker, Stolte, Detjen, Grenz, Drotning. Nays: 0 ITEM 6. DONNA WALLACE Chair Stolte opened the public hearing to consider the application of Donna Wallace for a Special Home Occupation Permit to allow the operation of a yoga instruction business in asingle-family residence, located at 16560 Laigle Avenue. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. • Donna Wallace was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Ms. Wallace presented an overview of her request.. She stated that she would have a maximum of two, 75-90 minute .group yoga classes per day. Zoning Enforcement Coordinator Leif Hanson presented the planning report. Mr. Hanson stated that Donna Wallace has submitted a special home occupation permit application for the purpose of operating a yoga instruction business out of a single- family home located at 16560 Laigle Avenue. Mr. Hanson stated that Ms. Wallace is a registered yoga. teacher and would be teaching individual and group yoga lessons from her home in addition to traveling to her student's home to teach yoga. Mr. Hanson discussed the provisions related to Ms. Wallace's special home occupation permit application, which are listed in detail in the March 2004 planning report. He indicated that the yoga classes would be held in a finished room located in the lower level of the home. Mr. Hanson indicated that Ms. Wallace's application stated that she planned on having up to six students in :each yoga class and also provide personal training to students in addition to the yoga instruction. Planning Department staff expressed .Planning Commission Meeting March 18, 2004 Page 4 • concern regarding the number of students proposed for the yoga classes and the multiple home occupations proposed. Mr. Hanson stated that Ms. Wallace has subsequently submitted a letter dated March 3, 2004 stating that she will .teach no more. than four yoga students at one time and that she will not include personal training with the yoga instruction. Mr. Hanson indicated that Ms. Wallace is proposing to have two classes per day, Monday through Saturday. He stated that Ms. Wallace is also proposing to install a 1' x 2' identification sign on her property. The Zoning Ordinance allows one business identification sign up to two square feet for home. occupations. Mr. Hanson stated that Ms. Wallace is proposing to sell products that are incidental to the performance of the service, such as yoga mats, straps and eye-bags, which is allowed with special home occupations. Mr. Hanson indicated that Ms. Wallace's property is not connected to City sewer and water. He stated that her septic system was tested on March 11, 2004 and the inspector determined that the septic system is working properly and is in compliance with all applicable codes and ordinances. Mr. Hanson stated that the. Zoning Ordinance requires that the home occupation be .reviewed after one year, at which time the applicant may apply for an extension of .the special home occupation permit for up to three years. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the Special Home Occupation Permit, Planning Department staff recommends approval subject to the 8 stipulations listed in the Mareh 8, 2004 planning report, and approval of the Findings of Fact dated March 18, 2004. Chair Stolte opened the hearing to the public for comment.. Paul Spano, .16438 Laigle Avenue His concern was: ? Laigle Avenue is a narrow, unimproved dirt road.. Wanted to know what could be done to limit the amount of traffic. D4.25 Motion by Swecker, Second by Drotning to close the public hearing at 6:26 p.m. Ayes: Pattee, Swecker, Stolte, Detjen, Grenz, Drotning, Reuvers. Nays: `0 i Planning Commission Meeting March 18, 2004 Page 5 • Mr. Rubash indicated that Laigle Avenue is adead-end gravel road that is maintained by the City and from. a design standpoint can handle the amount of traffic that would be generated by the proposed home occupation. Chair Stolte asked Ms. Wallace about the number of group yoga classes she was planning to conduct. Ms. Wallace. indicated that she would probably start out with four group classes a week with some individual instruction. Mr. Morey stated all special home occupation permits are reviewed .within one year of approval.. All property owners within 500 feet of the .home occupation will be notified by mail of the renewal request. The neighboring property owners can express any concerns regarding the. home occupation to the Planning Commission at that time or the City staff at any time. If there are concerns expressed by the neighbors, the Planning Commission can amend the stipulations of the approved special home occupation permit to address the concerns.. The Planning.. Conunission concluded that. they would not limit the number of classes per day, but recommended thatthe times of the group classes be staggered to avoid parking and traffic conflicts. They also agreed to review any neighbor • complaints at the time of permit renewal in one year. Commissioner Swecker asked Ms. Wallace to keep in touch with her neighbors to determine if they have any concerns,: especially during the first year of operation. The Planning Commission recommended making the following change to stipulation 2: 2. No more than 4 erp sons may attend the yoga instruction class at any one time. Client parking shall take place entirely upon the driveway of the home. occupation residence. If two or more group classes are held in one day, the classes shall be staggered to avoid parking and traffic conflicts. 04.26 Motion by Reuvers, Second by Detjen to recommend to City Council approval of the Donna Wallace Special Home Occupation Permit request to allow the operation of a yoga instruction business in, asngle-family residence, located at 16560 Laigle Avenue, subject to the 8 stipulations listed in the March 8, 2004 planning report, as amended, and approval of he Findings of Fact dated March 18, 2004. Ayes: Swecker, Stolte, Detjen, Grenz, Drotnng, Reuvers, Pattee. Nays: 0 • " Planning Commission Meeting March 18, 2004 Page 6 ITEM 7. INDEPENDENT SCHOOL DISTRICT 194 Chair Stolte opened the public hearing to consider the application of Independent School District 194 for a Conditional Use Permit Amendrnentto allow the construction of an addition to the JFK Elementary School building, located at 21240 Holyoke Avenue. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Lonnie Smith, Director of Business Services for ISD 194 was in attendance at tonight's meeting.. He introduced Joel Dunning from Wold Architects. Mr. Dunning presented an overview of the project. Zoning Enforcement Coordinator Leif Hanson presented the planning report. Mr. Hanson stated that ISD 194 has submitted an application for a Conditional. Use Permit Amendment to construct an addition. to the southwest corner of the JFK Elementary School building to accommodate a larger freezer and cooler in the school's kitchen area. Mr. Hanson stated than a Minnesota. Department of Health inspector determined that the size of the freezer and'cooler were inadequate. Mr. Hanson indicated that the building addition will also include a dry storage area, office, electrical panel room and storage area for the existing gymnasium located adjacent to the proposed addition. Mr. Hanson stated that there are existing doors currently located at the southwest corner of the building that will be moved to accommodate the proposed addition. The loading access door to the new storage area will be moved to the south elevation of the. proposed addition and the gymnasium emergency. exit door will be moved to the existing building just east of the addition. Mr. Hanson indicated that the proposed addition is well within the required setbacks for school buildings and under the 35 foot maximum height requirement in the RM-1 District and meets all other RM-1 District performance standards.. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the ISD 194 Conditional Use Permit Amendment, Planning Department staff recommends approval subject to the 3 stipulations listed in the. March 11, 2004 planning report, and approval of the Findings of Fact dated March 18, 2004. Chair Stolte opened the hearing to the public for comment. Planning Commission Meeting March 18, 2004 . Page 7 There. were no comments from the audience. 04.27 Motion by Swecker, Second by Reuvers to close the public hearing at 6:58 p.m. Ayes: Stolte, Detjen, Grenz, Drotning, Reuvers Pattee, Swecker. Nays: 0 04.28. Motion by Swecker, Second by Drotning to recommend to City Council approval of the Independent School District 194 Conditional Use Permit Amendment to allow the construction of an addition to the JFK Elementary School building, located at 21240. Holyoke Avenue, subject to the 3 stipulations listed in the March 11, 2004. planning report, and approval of the Findings of Fact dated. March 18, 2004. Ayes: Detjen, Grenz, Drotning, Reuvers, Pattee, Swecker, Stolte. . Nays: 0 ITEM 8. SUPERAMERICA Chair Stolte opened the. public hearing to consider the application of Vernon R. Kelley for a preliminary and final plat to be known as Kelleys First Addition, ocated north. and east of Kenwood Trail and south of 175th Street and a conditional use permit to allow a convenience store with motor vehicle fuel sales, automatic car wash and outside sales display. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. 04.29. Motion by Reuvers, Second by Pattee to continue the Public Hearing for the. Kelleys First Addition preliminary and final plat and Conditional Use Permit to the Apri11, 2004 Planning Commission meeting. Ayes: Grenz, Drotning, Reuvers, Pattee, Swecker, Stolte,. Detjen. Nays: 0 There being no further business, the meeting was adjourned at 7:02 p.m. Respectfully submitted, ATTEST: p Penny B ,Recording etary owell Miller Stolte, Chair