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10-07-04
CITY OF LAKEVILLE Planning Commission Meeting Minutes OCTOBER 7, 2004 The October 7, 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: Pattee, Swecker, Stolte, Detjen, Reuvers, Drotning, ex-officio Arvidson. Absent: Grenz. Staff Present: Daryl Morey, Planning Director; Frank .Dempsey, Associate Planner; Jay Rubash, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF 1VIEETING 1VIINUTES: The September 23, 2004 Planning Commission meeting minutes were approved as presented. The September 23, 2004 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. .October 6, 2004 Parks, Recreation. and Natural Resources Committee Meeting Motions regarding the Stone Borough final plat, Park Terrace 5~ Addition preliminary and final plat, and Kenrick Pond preliminary and final plat. 2. Memo from Dakota County Parks Director regarding an open house to present a proposed New Regional Park in Empire Township. ITEM 5. CONSENT AGENDA 04.114 Motion by Detjen, Second by Drotning to recommend to City Council approval of the October 7, 2004 Planning Commission Consent Agenda as follows: Approve the application of Progress Land Company Inc for the final plat of 27 row style attached townhouse units to be known as Stone Borough. Ayes: Pattee, Swecker, Stolte, Detjen, Reuvers, Drotning. Nays: 0 Planning Commission Meeting October 7, 2004 Page 2 i ITEM 6. PARK TERRACE 5TH ADDITION Chair Stolte opened the public hearing to consider the application of Teri Johnson for the following actions on property located at 8480 - 208th. Street: l) Preliminary and Final Plat of two single-family lots to be known as Park Terrace 5th Addition and 2) Vacation of drainage and utility easements. Planning Director, Daryl Morey, attested that the legal notice had been duly published in accordance with State Statutes and City Code. Teri Johnson was in attendance at tonight's meeting to answer any questions that .the Planning Commission or public may have. Ms. Johnson presented an overview of the project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated the purpose of the planning actions is to combine a metes and bounds described parcel with Lot 1, Block 3, Park Terrace 3rd Addition to allow the construction of a new single-family house on one of the new parcels. He indicated that the other parcel has an existing single-family house that was constructed in 1982. Mr. Dempsey stated that the Park Terrace 3rd Addition plat included a 6 foot wide boundary drainage and utility easement along the south property line of Lot 1, Block 3, Park Terrace 3rd Addition. He indicated that the proposed easement vacation will vacate all existing drainage and utility easements on Lot 1, Bock 3, Park Terrace 3rd Addition and re-establish new boundary easements with the proposed Park Terrace 5th Addition final plat. Mr. Dempsey indicated. that all utility companies with a potential interest in the easement have been notified of the vacation. Frontier Communications has a service line located within the existing easement. Mr. Dempsey stated that a security will be collected for relocation of the telephone service line. Mr. Dempsey stated that the subject property is zoned RS-CBD, Single Family Residential District, Central Business District, which allows single-family residential homes. Mr. Dempsey indicated that the property currently has a single family home served with City sanitary sewer and water. He stated that the existing house will remain on Lot 2, Block 1, Park Terrace 5th Addition. Anew single family house will be constructed on Lot 1, Block 1, Park Terrace 5th Addition. Planning Commission Meeting October 7, 2004 Page 3 Mr. Dempsey stated. that both lots exceed the minimum lot area and lot width. requirements of the Zoning Ordinance. He indicated that the proposed house pad for Lot 1, Block 1, Park Terrace 5~ Addition and the existing house on proposed Lot. 2, Block 1, Park Terrace 5~ Addition will meet setback requirements. Mr. Dempsey stated that the final plat of Park Terrace 5~ Addition is subject to a park dedication fee for one lot. The Parks, Recreation and Natural Resources Committee reviewed the preliminary and final plat at their October 6, 2004 meeting. Their recommendation for approval was distributed at tonight's meeting. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the .Park Terrace 5~ Addition .preliminary and final plat and easement vacation, Planning Department staff recommends approval subjectto the 5 stipulations listed in the October 1, 2004 planning report. Chair Stolte opened the hearing to the public for comment. There were no comments from the audience. 4.115 Motion by Swecker, Second by Reuvers to close the public hearing at 6:07 p.m. Ayes: Swecker, Stolte, Detjen, Reuvers, Drotning, Pattee. Nays: 0 The Planning Commission commented that stipulations 3 and 5 were redundant and suggested that stipulation 5 be deleted. 04.116 Motion by Reuvers, Second by Pattee to recommend to City Council approval of the Park Terrace 5~ Addition preliminary and final plat. of 2single-family lots, located at 8480 - 208 Street, and vacation of drainage and utility easements, subject to the 5 stipulations listed in the October 1, 2004 planning report, as amended. .Ayes: Stolte, Detjen, Reuvers, Drotning, Pattee, Swecker. Nays: 0 ITEM 7. YMCA Chair Stolte opened the public hearing to consider the application of the YMCA for an Interim Use Permit to allow the construction of accessory buildings on the YMCA property to be used for YMCA programs and storage in the RA, Ruralf Agricultural District and RAO, Rural/Agricultural Overlay District, located` Planning Commission Meeting October 7, 2004 Page 4 • at 11490 Klamath Trail. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Brian Kirk from the YMCA was in attendance at tonight's meeting. to answer any questions that the Planning Commission or public may have. Mr. Kirk presented an overview of the project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the YMCA has submitted an application. for an interim use permit to allow the construction of new, detached accessory buildings on their property.. Mr. Dempsey reviewed the history of the property and indicated that the interim use permit will bring the YMCA. property and use into compliance with current Zoning Ordinance requirements. He stated that the interim use permit will expire at the time that the property is developed for urban uses or if the use of the property as a day camp by the YMCA is discontinued. Mr..Dempsey stated that the purpose of the interim use permit is to allow the construction of three detached accessory buildings on the 30-acre YMCA. property. Fire destroyed two detached accessory buildings on the YMCA property last .year. He indicated that the plans include the construction of a 1,320 square foot open- sided park pavilion, a new storage shed next to the park pavilion, and a new visitor check-in office and storage building east of the existing parking lot. The plans also propose the relocation of an existing non-conforming storage building adjacent to Kingsley Lake to an area near the parking lot on Klamath Trail. Also included with the relocated storage building is the construction of a new trash enclosure to replace the existing trash enclosure on the east side of the parking lot. Mr. Dempsey indicated that the existing temporary storage units on the east side of the parking lot will be removed upon completion of the new storage buildings. Mr. Dempsey stated that a maximum of 8,712 square feet of accessory building area is permitted in the RA, Rural Agricultural District. The total accessory building area on the YMCA property would be 8,120 square feet with nine buildings after the proposed 3,520 square feet of new buildings are constructed. Mr. Dempsey reviewed the criteria outlined in the Zoning Ordinance and stated that all applicable provisions have been met. Mr. Dempsey .stated that the Department of Natural Resources (DNR) has been notified of the Interim Use Permit request by the YMCA. They had no comment Planning Commission Meeting October 7, 2004 Page 5 :regarding the IUP application, but they did recommend the removal of the non- conforming storage building from the required 150-foot setback of Kingsley Lake. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval. of the YMCA Interim Use Permit, Planning Department staff recommends approval subject to the 12 stipulations listed in the October 1, 2004 planning report, and approval of the Findings of Fact dated October 7, 2004. Chair Stolte opened the hearing to the public. for comment. There were no comments from the audience. 04.117 Motion by Drotnng, Second by Pattee to close the public hearing at 6:19 p.m. Ayes: Detjen, Reuvers, Drotning, Pattee, Swecker, Stolte. Nays:.0 The Planning Commission was very pleased that these improvements were being made. Commissioner Swecker asked if water and/or septic would be included for any of the proposed buildings. Mr. Kirk stated there would notbe water or septic for any of the proposed buildings. Commissioner Swecker also asked if the parking lot would be paved. Mr. Dempsey indicated that because the use of the property is interim and consistent with previous approvals, the parking lot is not required to be paved. 04.118 Motion by Swecker, Second by Drotning to recommend to City Councilapproval of the YMCA Interim Use Permit, located at 11490 Klamath Trail, subject to the 12 stipuhaions listed in the October 1, 2004 planning report, and approval of the Findings of Fact dated October 7, 2004. Ayes: Reuvers, Drotning, Pattee, Swecker, Stolte, Detjen. Nays: 0 ITEM S. KENRICK POND Chair Stolte opened the public hearing to consider the application of Wakefield Properties, LLC for the .following actions on property located near the southeast corner of Kenrick Avenue and 164 Street:. 1) Preliminary and Final Plat of 3.59 acres for amulti-tenant retail building in the C-3, General Commercial District, and 2) vacation of a public drainage and utility easement and road right-of-way. Planning Commission Meeting October 7, 2004 Page 6 Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Aaron and Adam Wakefield .from Wakefield Properties, LLC were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have.. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that representatives of Wakefield Properties, LLC are proposing to construct a 14,827 square foot multi-tenant retail building on property located near the southeast corner of Kenrick Avenue and 164 Street. He indicated that the six tenant spaces will range in size from 1,379 to 3,258 gross square feet. The subject property is zoned C-3, General Commercial District which allows multi-tenant commercial buildings as a permitted use. Mr. Dempsey stated that the preliminary and final plat of Kenrick Pond includes the vacation of excess 164 Street right-of-way and a portion of Jewel Avenue right- of-way. He indicated that the proposed vacation of the Jewel Avenue right-of-way with Kenrick Pond will complete the vacation of all of the excess Jewel Avenue . right-of-way between 164 Street and 165 Street that was originally platted with Jackson's First Addition in 1970. Mr. Dempsey stated that all required underlying drainage and utility easements that are vacated will be re-established with the Kenrick Pond final plat. Mr. Dempsey stated that the preliminary and final plat of Kenrick Pond consists of one lot, which exceeds the minimum lot area requirement in the C-3 District, and two outlots on one block. He indicated that Outlots A and B, which include wetlands and a stormwater basin will be deeded to the City with the final plat. Mr. Dempsey indicated that Kenrick Pond is proposed to have road frontage and access on 164 Street, which. includes a 66-foot wide right-of-way. He indicated that there will be no direct street access to any adjacent residential areas. Mr. Dempsey reviewed the landscaping plan and identified areas where staff is recommending landscape materials be added. He indicated that landscape screening will be included on a 2 to 5 foot tall berm between the parking lot and the residential area to the east.. The existing trees and proposed landscaping will adequately screen the existing homes from the Kenrick Pond development. Planning Commission Meeting October 7, 2004 Page 7 Mr. Dempsey stated that the 87 proposed: parking spaces meet the number required by the Zoning Ordinance. Mr. Dempsey stated that the site has been designed to provide two-way vehicle circulation from the. main driveway entrance from 164 Street at the front of the building. He indicated that aone-way driveway will be provided ..around the rear {east) of the building. This will allow a 50-foot long truck/trailer or emergency vehicles #o maneuver around the building without having to back out onto 164 Street. He indicated that parking will not be permitted in the one-way driveway. .Loading may occur through the front and rear of the building. Mr. Dempsey stated that the developer will construct an 8-foot wide concrete sidewalk along the. north side of 164 Street. The sidewalk will extend from the east side of the south driveway access and provide a connection to an existing sidewalk and trailway system along Kenrick Avenue. Mr. Dempsey explained the lighting plan that is being proposed for this .development. He indicated that. all light fixtures must be cut-off fixtures only to prevent glare onto public right-of-way and adjacent properties. Tilt up fixtures are . not permitted. Mr. Dempsey stated that the building height and the building exterior are consistent with Zoning Ordinance requirements. He indicated that the building will be a flat roof type structure that will include parapet screening around the perimeter of the roof to screen any roof-top mechanical equipment. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Kenrick Pond preliminary and final plat and right-of-way and easement vacation, Planning Department staff recommends approval subject to the 11 stipulations listed in the October 1, 2004 planning report. Chair Stolte opened the hearing to the public for comment. Mike Murphy, 16326 Jewel Avenue Mr. Murphy's question was related to the right-of-way that was to be vacated and what, if .anything, could be built on that area. 04.119 Motion by Pattee, Second by Drotning to close the public hearing at 6:35 p.m. • Ayes: Drotnng, Pattee, Swecker, Stolte, Detjen Reuvers. Nays: 0 Planning Commission Meeting October 7, 2004 Page $ Mr. Dempsey explained to Mr. Murphy where the vacated right-of-way is located and that no buildings or parking stalls will be built within the vacated right-of-way. Chair Stolte asked about additional trees on the south side of the parking lot. Mr. Dempsey stated that stipulation 4 of the planning report directs the developer to place additional trees along the south of the parking lot near the south property line and an additional tree. to be placed in the island near the southeast corner of the building. Commissioner Drotning spoke about the history of this property. He also asked for a discussion on the location of the trash enclosure and if it should remain in the location proposed or be moved to the far east side of the parking lot. Mr. Dempsey indicated that the trash enclosure is proposed where it is to maximize the setback to the residential area. The Planning Commission concurred that the crash enclosure should stay in the location shown on the plans. Commissioner Swecker asked if a silt fence will be required around the wetland. Mr. Rubash indicated that a silt fence is required around the storm water basin and the wetland. 04.120 Motion by Drotning, Second by Detjen to recommend to City Council approval of the Kenrick Pond preliminary and final plat, located near the southeast corner of Kenrick Avenue and 164 Street,. and right-of--way and easement vacation, subject to the 11 stipulations listed in the October 1, 2004 planning report. Ayes: Pattee, Swecker, Stolte, Detjen, Reuvers, Drotning. Nays:. 0 ITEM 9. NEW BUSINESS Mr. Morey reminded the Planning Commission that there will be a Brandtjen Farm work session after the October 21, 2004 Planning Commission meeting. There being no further business, the meeting was adjourned at 6:48 p.m. Respectfully submitted, ATTEST: P • Penny B ,Recording retary Lowell Miller Stolte, Chair • ' Meeting Notes Planning Commission Work :Session Thursday, October 7, 2004 Orchard Conference Raom The Planning Commission work session commenced'at 7:00 p.m. in the Orchard Conference Room at City Hall. Commissioners :Present: Lowell Miller Stolte, Karl Drotning, Steve `Pattee, `Kerrin Swecker, Paul Reuvers and-ex-officio Jahn Arvidson. - Staff Present:. Planning Director Daryl Morey and .Associate Planner Frank Dempsey Also Present: Curt Savstrom. Curt Savstrom, owner of property at 9926-199th Street, presented his plans to construct an addition onto his house. The property is located within the Shoreland Overlay District of Lake Marion. Mr. Savstrom presented an as-built survey for the • property and described his proposed expansion._ The house was constructed in 1920. Mr. Savstrom purchased the house in 2Q©2. In 1998, the previous property owner received conditional use permit approval to canstruct an attached garage on the north side of the house. Mr. Savstrom :Proposes to reconstruct he rQOf of the house which is currently a gable roof with the gable ends facing east and west. The new gable-roof will have gable .ends facing north and south. This will result in two small triangular areas on the wall: that must be filled in. Mr. Savstrom is requesting approval to fill in the old gable areas to match the existing 9.3 setback of the existing west wall of the house. The house addition will require an amendment to the 1998 conditional use .permit. The Planning Commission agreed'that the non-conforming area created by the new gable end is an insignificant architectural feature that should be considered as part of the conditional .use permit amendment and that a variance is not required. • Meeting Notes Planning Commission Work Session Thursday, October 7, 2004 Orchard Conference Room The Planning. Commission. work session commenced at 7:30 p.m. in the Orchard Conference 'Room at City Hatt ' Commissioners Present: Lowell Miller Stolte, Karl Drotning, Steve Pattee, Kerrn Swecker, Paul Reuvers and ex-officio John Arvidson. -Staff Present: Planning Direc#or Daryl Morey and Associate Planner Frank .Dempsey. Also Present: Tirn Prinsen and Todd Kaufman of Welsh Companies. Tim Prinsen and Todd Kaufman of Welsh Companies, owner of Kenwood Center on Kenwood Trail, south of 176th .Street, .described their plans to instali a sign that would':be larger and taller than permittedrn the C-3, General Commercial District: The rr?axirnurn permitted sign area and height is 100 square feet and 20 feet, respectively, in height. Their plans for the sign would be to make it consistent with the freestanding signs that are located at Southfork Shopping. Center and :Argonne. Village, both of which are properties that are located in the Freeway Corridor District. The. Freeway Corridor District includes ail .properties located within :1,500 feet of the centerline of Interstate 35. The Freeway Corridor District allows signs up to # 50 square feet in area and 30 feet in height. Kenwood Center is not located within the :Freeway Corridor District. Mr. Prinsen felt that the restricted road access and turning movements created by the CSAH 50 improvement :project and median construction created a hardship for the tenants of Kenwood Center. Mr. Prinsen believed that the larger sign would lessen the perceived negative impact for their tenants. S#aff pointed out that the City Council recently approved an amendment to the sign ordinance that now allows individual tenants to be .identified on the pylon sign. Prior to the amendment, only the name of the building or property was permitted. The Planning Commission stated that, consistent with other multi-tenant commercial buildings, it may not be possible to have all Kenwood Center tenants on the sign and still meet the sign area requirements. The Planning Commission concerned that there was no evidence of an undue hardship unique to the property that could be supported for a freestanding sign larger and taller than permitted in the C-3 District. • The work session adjourned at 8:00 p.m.