HomeMy WebLinkAbout06-05-03 CITY OF LAKEVILLE
Planning Commission Meeting Minutes
JulvE 5, 2003
The June 5, 2003 Planning Commission meeting was called to order by Chair Stolte in
the City Hall Council Chambers at 5:00 p.m.
Flag pledge and roll call of members:
Present:. Pattee, Swecker, Stolte, Detjen, Grenz, Drotning, ex-officio Puncochar.
Commissioner Reuvers arrived at 5:05 pm.
Absent: None.
Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Janice Waataja, Associate Planner; .Leif Hanson, Zoning Enforcement Coordinator; Jay
Rubash, Assistant City Engineer; Dennis Feller, Finance Director; Daniel Licht,
Northwest Associated Consultants, Inc.; Andrea Poehler, .Assistant City Attorney; and
Penny Brevig, Recording Secretary.
ITEM 3: APPROVAL OF MEETING MINUTES:
The May 15, 2003 Planning Commission meeting minutes were approved as presented.
The May 15, 2003 Planning Commission Work Session notes were approved as
presented.
ITEM 4: ANNOUNCEMENTS:
Planning Director Daryl Morey stated that the June 4, 2003 Parks, Recreation and
Natural Resources Committee meeting was cancelled due to the lack of a quorum. It
has been rescheduled for June 11, 2003.
Mr. Morey indicated the following items were distributed to the Planning Commission
members and staff before tonight's meeting:
1. For Item 8, a copy of an e-mail from Paul Wallenta opposing the additional
parking for Hosanna! Lutheran Church, and a copy of an a-mail from Patricia
Gilbert urging the Planning Commission to approve the extra seating and
additional parking for Hosanna! Lutheran Church.
2. For Item 9, a revised Amendment to Interim Use Permit No. 00-01 for Heikes
Farms Inc. regarding Condition c (additional wording has been highlighted).
3. For Item 12, a revised copy of the Ordinance amending Title 11 (revisions have
been underlined).
Planning Commission Meeting
June 5, 2003
Page 2
ITEM 5. CONSENT AGENDA
03.56 Motion by Drotning, Second by Swecker to recommend to City Council approval of
the June 5, 2003 Planning Commission Consent Agenda as follows:
A. Application of Lundgren Brothers Construction, Inc. for a final. plat of
42 single family lots to be known as The Greenway 3rd Addition,
located west of Ipava Avenue, north of 192nd Street, and east of
Kenwood Trail (C.R. 50).
B. Application of Country Joe, Inc. for a final plat of 11 lots and one
outlot to be known as Spring Hill Third, located south of 185th Street
(C.R. 60) and west of Ipava Avenue.
Ayes: Pattee, Swecker, Stolte, Detjen, Grenz, Drotning.
Nays: 0
ITEM 6. CITY OF LAKEVILLE
Chair Stolte opened the public hearing to consider the request of the. City of Lakeville
for the adoption of a Five Year Capital Improvement Plan for 2003-2007. Assistant City
Attorney Poehler attested that the legal notice had been. duly published in accordance
with state: statutes and City Code.
Assistant City Engineer Jay Rubash provided an overview of the proposed 2003 - 2007
CIP and briefly described the significant projects and their timetable.
Mr. Rubash stated that the Capital Improvement Plan (CIP) provides a foundation for
construction of the City's infrastructure in such a manner as to enable development to
occur in an orderly and fiscally responsible manner.
The purpose of the Planning Commission public hearing and review is to determine
the consistency of the CIP with the City's Comprehensive Land Use Plan.
Chair Stolte opened the hearing to the public for comments.
There were no comments from the audience.
03.57 Motion by Detjen, Second by Drotning to close the public hearing at 5:20 p.m.
Ayes: Pattee, Swecker, Stolte, Detjen, Grenz, Drotning, Reuvers.
Nays: 0
Mr. Rubash and Finance Director Dennis Feller responded to specific questions from
the Commissioners and provided clarification on select projects.
Planning Commission Meeting
June 5, 2003
Page 3
Commissioner Swecker complimented the City on doing such a nice job on the CIP.
She indicated that it was interesting to look at it from a citizen of Lakeville perspective
and as a Planning Commissioner.
Commissioner Puncochar commented how nice the water tower at North Park looked
after it had been power washed. He recommended that it be cleaned sooner next time
before it becomes an eyesore.
03.58 Motion by Swecker, Second by Pattee that the Planning Commission finds that the
proposed 2003 - 2007 Capital Improvement Plan is consistent with the City's
Comprehensive Land Use Plan and recommends to City Council approval and
adoption of the 2003 - 2007 Capital Improvement Plan.
Ayes: Swecker, Stolte, Detjen, Grenz, Drotning, Reuvers, Pattee.
Nays: 0
7. Independent School District 194
Chair Stolte opened the public hearing to consider the application of Independent
School District 194 for an amendment to Conditional Use Permit No. 89-09 to allow the
existing Independent School District 194 Community Education facilities to occupy a
vacant #enant space within .the Kenwood Center, located at 17645 :Juniper Path.
Assistant City Attorney Poehler attested that the legal notice had been duly published
in accordance with state statutes and City Code.
Lonnie Smith, Business Services Manager for ISD 194, was in attendance at tonight's
meeting to answer any questions that the Planning Commission or public may have.
Mr. Smith indicated that ISD 194 is experiencing a shortage of space in their school
buildings. He stated that they intend to use the additional space in the Kenwood
Center for Early Childhood Special Education evaluations, small instructional groups,
staff offices and parent meetings and support group meetings that would be held
several evenings a month.
Zoning Enforcement ..Coordinator Leif Hanson presented the planning report. Mr.
Hanson stated .that ISD 194. has submitted an application for an amendment to
Conditional Use Permit No. 89-09 to allow them to occupy a vacant tenantspace in the
Kenwood Center for their ESCE programs. He indicated that CUP No. 89-09 allowed
the school district to establish community education programs in the Kenwood Center.
Mr. Hanson stated that in 1991 and 1992 amendments to CUP 89-09 were approved to
allow expansions of community education programs into adjacent vacant bays located
on the west side of the Kenwood Center. Also, in 2002, Mr. Hanson indicated.> that an
amendment to CUP 89-09 was approved to allow additional community education
programs to occupy a vacant tenant space on the east side of the Kenwood Center
building.
Planning Commission Meeting
June 5, 2003
Page 4
Mr. Hanson stated that the Kenwood Center is located in the. southwest quadrant of
Kenwood Trail (CSAH 50) and juniper Path and is currently .zoned C-3, General
Commercial District. Mr. Hanson stated that the property owner, Welsh Companies,
have submitted an updated 2003 parking analysis to reflect current tenants and
parking demands. The proposed school use would replace Video Update on the east
side of the Kenwood Center and have a peak parking demand of 1 customer and 6
employees per hour between 9 a.m. and 3 p.m., Monday through Friday. This is less
than the parking demand generated by Video Update.
Mr. Hanson stated that should the Planning Commission recommend to the City
Council approval of the ISD 194 request to amend CUP 89-09, Planning Department
staff recommends approval. subject to the 4 stipulations listed in the May 22, 2003
planning report, and approval of the Findings of Fact dated June 5, 2003.
Chair Stolte opened the hearing to the public for comments.
There were no comments from the audience.
03.59 Motion by Drotning, Second by Reuvers to close the public hearing at 5:45 p.m.
Ayes: Stolte, Detjen, Grenz, Drotning, Reuvers, Pattee, Swecker.
Nays:. 0
• Commissioner Drotning asked Mr. Smith if leasing this space was necessary with the
construction of the second high school and the rearrangement of the elementary school,
middle school and high school grade structure. Mr. Smith indicated that. they do not
and will not have room in the schools for the ECSE programs.
03.60 Motion by Detjen, Second by Pattee to recommend to City Council approval of the
amendment to Conditional Use Permit No, 89-09 to allow Community Education to
occupy vacant tenant space at the Kenwood Center, located at 17645 juniper .Path
subject to the 4 stipulations listed in the May 22, 2003 planning report, and approval of
the Findings of Fact dated June 5, 2003.
Ayes: Detjen, Grenz, Drotning, Reuvers, Pattee, Swecker, Stolte.
Nays: 0
8. Hosanna! Lutheran Church
Chair Stolte opened the public hearing to consider the application of Hosanna!
Lutheran Church for an amendment to Conditional Use Permit No. 96-01 to allow 700
additional seats for a total of 2,500 seats in the main assembly area of the church and to
allow an expansion of the parking lot, located at 9600. - 163ra Street. Assistant City
Attorney Poehler attested that the legal notice had been duly published in accordance
with state statutes and City Code.
im Ha es and Kent Matzek were in attendance at torsi ht's meetin to answer an
J Y g g Y
questions that the Planning Commission or public may have.. They presented an
Planning Commission Meeting
June 5, 2003
Page 5
overview of their request. They indicated that the Saturday and Sunday service
schedule has been changed to allow 45 minutes to one hour between services rather
than the previous 15 minutes between services, which did not allow adequate time for
parishioners to leave one service while parishioners arrived for the next service.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated
that representatives of Hosanna! Lutheran Church have submitted plans for an
expansion. of the sanctuary capacity and to allow a parking lot expansion to
accommodate the additional seats. He indicated that the total seating in the sanctuary
would be increased from 1,800 seats to 2,500 seats.
Mr. Dempsey presented a short overview of the history of planning actions that have
been approved since. March 4, 1996 when the preliminary and final .plat of Hosanna
Addition and Conditional Use Permit No. 96-01 were approved.
Mr. Dempsey stated that an amendment to the Conditional Use Permit is required to
allow the additional sanctuary seating and proposed parking lot expansion. He
indicated that the existing church building complies with the setback requirements of
the Zoning Ordinance. The building will not be changed. with. the proposed additional
seating and parking lot expansion.
Mr. Dempsey indicated that the proposed expanded parking lot will be screened with
a berm and landscaping installed consistent with the approved Hosanna 2nd Addition
site plan.: The proposed Conditional Use Permit amendment will include the planting
of 32 additional trees in and adjacent to the proposed new parking lot.
Mr. Dempsey stated that the proposed parking lot expansion would include 230
additional parking spaces for a total of 1,256 spaces. The proposed additional parking
meets Zoning Ordinance requirements of a minimum of 1 parking space per each 2.5
seats in he main assembly hall.
Mr. Dempsey stated that church representatives have provided attendance and vehicle
counts for each service. Based on the estimates submitted by Hosanna! Lutheran
Church, the proposed church parking lot will be able to accommodate the required on-
site parking. He indicated that if City staff determines that on-site parking iS not
deemed adequate following the completion of Phase III and the expanded parking area
with this conditional use permit amendment, the church shall construct additional
parking spaces to meet the parking demand..
Mr. Dempsey stated that site lighting would include five. additional .parking lot light
poles to illuminate the proposed. expanded parking lot. The lights will be consistent
with the existing parking lotlights.
Mr. Dempsey stated that should the Planning Commission recommend to the City
• Council approval of the Hosanna! Lutheran Church request.. to amend CUP 96-01,
Planning Department staff recommends approval subject to the 8 stipulations listed in
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June 5, 2003
Page 6
the May 30, 2003 planning report, and approval of the Findings of Fact dated .June 5,
2003.
Chair Stolte opened the hearing to the public for comments.
There were no comments from the audience.
03.61. Motion by Detjen, Second by Drotning to close the public hearing at 6:00 p.m.
Ayes: Grenz, Drotning, Reuvers, Pattee, Swecker, Stolte, Detjen.
Nays: 0
Chair Stolte asked Mr. Hayes if church representatives anticipated this expansion so
soon after their last planning. action. Mr. Hayes indicated that they had anticipated the
expansion to occur in about 18 months, but it was decided after observing attendance
at the Easter Sunday and Mothers Day services that the additional seating. and parking
spaces would be needed sooner.
Chair Stolte responded to the two e-mails that the City received regarding... the
Hosanna! Lutheran Church expansion.
Chair Stolte referred to Stipulation 7 in the May 30, 2003 planning. report and asked
staff if this would be difficult to enforce. Mr. Dempsey stated that this stipulation .has
carried over from. previous Hosanna! Lutheran Church expansions and that the church
representatives are aware of it.
Commissioner Swecker asked Mr. Hayes if there would be any more additions to the
church. Mr. Hayes indicated that there would be a future .phase for an
administration/education area and a small chapel:
Commissioner Detjen asked about future plans for 165th Street and 163rd Street. Mr.
Rubash indicated that the 2003-2007 C]P indentifies that 165tH Street will be overlayed
in 2003. He stated that the traffic study prepared in conjunction with' the Hosanna!
Lutheran Church master plan indicated that the surrounding streets would be able to
handle .the traffic generated by the church at full development. Commissioner
Drotning commented that the church has three major accesses to three major roads,
which is better than most commercial properties.
03.62 Motion by Swecker, Second by Drotning to recommend to City Council approval of
the amendment to Conditional Use Permit No. 96-01 for Hosanna! Lutheran Church to
allow 700 additional seats in the main assembly area of the church and to allow an
expansion of the parking lot, located at 9600 163rd Street, subject to the.8 stipulations
listed in the May 30, 2003 planning report, and approval of the Findings of Fact dated
June 5, 2003.
. Ayes: Drotning, Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz.
Nays: 0
Planning Commission Meeting
June 5, 2003
Page 7
9. Lake Marion LLC /Heikes Farms
Chair Stolte opened the public hearing to consider the application of Lake Marion
LLC/Heikes Farms, Inc. for an Interim Use Permit amendment to allow the
construction of a temporary accessory storage building, located at 19740 Kenrick
Avenue. :Assistant City Attorney Poehler attested that the legal notice had been duly
published in accordance with state statutes and City Code.
Clyde Thompson, representing Heikes Farms, Inc. was 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 request and indicated the building would
be used. for storage of goods associated with his erosion control turf establishment
business.
Associate Planner Janice Waataja presented the planning report. Ms. Waataja stated
that Clyde Thompson, representing Heikes Farms, Inc. has submitted plans for a
temporary accessory storage building to be located on his property at 19740 Kenrick
Avenue. She .indicated that the property is currently zoned for CC, Corporate Campus
District and RH-1, Multiple Family Residential District. Because the property is located
in MUSA Expansion Area C, Ms. Waataja indicated that the property is overlaid by the
RAO, Rural/Agricultural Overlay District. Ms. Waataja stated that the uses. on the
property. are interim and that the. property is anticipated to redevelop into urban
• density land uses consistent with the zoning of the property once it is brought into the
current MUSA. The interim use permit amendment will require the accessory building
to be removed when .the property is brought into the current MUSA, projected to be in
the year 2015.
Ms. Waataja indicated that. an interim use permit was granted for a temporary office
building in 2000 for the subject property. The property owner is requesting an
amendment to the interim use permit to allow the temporary storage building. Ms.
Waataja indicated that the interim use permit performance standards, which are listed
in the May 30, 2003 planning report, have been met.
Ms. Waataja outlined previous planning actions on the property, which are listed in the
May 30, 2003 planning report. She stated that in 2002 the property owner of the parent
parcel, Wayne Brown, administratively subdivided the parent parcel into three
separate properties. This allowed the sale of the property with the buildings, parking,
and storage area to the applicant, Heikes Farms.
Ms. Waataja stated that the proposed accessory building would be located in the rear
pit area of the property. It would be a post frame, steel building used for storing
erosion control supplies for Heikes Farms. She indicated that the proposed building
would be constructed on a concrete slab and not be serviced with sanitary sewer,
water, or electricity, and there would be one service door providing access to the north
side of the building. The building would also be screened from Kenrick Avenue by an
existing landscaped berm..
Planning Commission Meeting
June 5, 2003
Page 8
Ms. Waataja indicated that in .conjunction with the interim use permit amendment, all
existing encroachments on the property must be eliminated prior to issuance of a
building permit. This includes the temporary office building and portions of a chain
link fence overlapping onto the vacant property to the. south, owned by Wayne Brown.
The temporary office building shall be moved to maintain a 10 foot setback to the south
property line.
Ms. Waataja also stated that the applicant must contact Center Point Energy for a locate
due to the pipeline easement rtulning through the property. Written proof of this
locate shall be submitted to the City prior to issuance of a building permit... The
accessory building must be setback a minimum of 50 feet from the pipeline easement.
Ms. Waataja stated that should the Planning Commission recommend to the City
..Council approval of the Lake Marion LLC/Heikes Farms Inc. Interim Use .Permit
amendment to allow the construction of a temporary accessory storage building,
Planning Department staff recommends approval subject to the 4 stipulations listed in
the Interim Use Permit form as amended and approval of the Findings of Fact :dated
June 5, 2003.
Chair Stolte opened the hearing. to the public for comments.
There were no comments from the audience,
03.63 Motion b Reuvers, Second b De 'en to close the ublic hearin at 6:25 .m.
Y Y h P g P
Ayes: Reuvers, Pattee, Swecker, Stolte,.Detjen, Grenz, Drotning.
Nays: 0
Commissioner Grenz stated his support for the interim use permit amendment request
and the stipulation relating to the existing encroachments.
03.64 Motion by Reuvers, Second by Swecker to recommend to City Council approval of the
amendment to Interim Use Permit No. 00-01 to allow the construction of an accessory
storage building, located at 19740 Kenrick Avenue, subject to the 4 stipulations listed in
the amended Interim Use Permit form, and approval of the Findings of Fact dated June
5, 2003.
Ayes: Pattee, Swecker, Stolte, Detjen, Grenz, Drotning, Reuvers..
Nays: 0
Break at 6:30
Reconvened at 6:45
10. Cornerstone Lake 3rd and 4th Additions
. Chair Stolte opened the public hearing to consider the following applications of Town
& Country Homes .for property located south of 170th Street (C.R. 58) and east of Pilot
Knob Road (C.R. 31):
Planning Commission Meeting
June 5, 2003
Page 9
A. Preliminary and Final Plat of 3 lots on 3 blocks (22 attached townhouse
units) to be known as Cornerstone Lake 3rd Addition.
B. Preliminary and Final Plat of 18 lots on 4 blocks (90 attached townhouse
units) to be known as Cornerstone Lake 4th Addition.
C. Comprehensive Plan Amendment to bring a portion of the Cornerstone
Lake 4th Addition preliminary and final plat into the current
Metropolitan Urban Service Area. (MUSA).
Assistant City Attorney Poehler attested that .the legal notice had been duly published
in accordance with state statutes and City Code.
Kevin Clark, representing Town & Country Homes was in attendance at tonight's
meeting to answer any questions that the Planning Commission or public may have.
Mr. Clark presented an overview of the project.
Planning Director Daryl Morey presented the planning report. Mr. Morey stated that
representatives from Town & Country Homes have submitted. applications for the
preliminary and final plats of Cornerstone Lake 3rd and 4th Additions. The subject
property. is zoned RM-1, Medium Density Residential District. He indicated that the
entire Cornerstone Lake. development, including the 3rd and 4th. additions, would
consist of 212 townhouse units on approximately 46.5 acres of land.
• Mr. Morey stated that Cornerstone Lake 3rd.. Addition consists of three townhouse.
buildings (22 units) shown conceptually on the Cornerstone Lake preliminary plat
approved in 2001. He indicated that the three townhouse buildings are located on the
north side of the Cornerstone Lake development and were platted as Outlots B, C, and
D on the Cornerstone Lake final plat. Mr. Morey explained that the three outlots could
not be platted into: lots for building construction in 2001 because. the proposed
buildings. were located partially or totally within Zone A (100 year floodplain with an
.undetermined elevation) on the 1998 Flood Insurance Rate Map (FIRM). He indicated
that Barr Engineering prepared a .detailed study that defined. the 100-year floodplain
elevation and the City requested a Letter of Map Revision (LOMB) from the Federal
Emergency Management Agency (FEMA). The LOMB was approved by FEMA last
year establishing the floodplain elevation identified in the Barr Engineering study. Mr.
Morey stated that the floodplain elevation is located outside of these three townhouse
building lots and the outlots can now be preliminary and final platted into lots for
building construction.
Mr. Morey stated that Town & Country Homes is purchasing approximately 7 acres of
land from the adjacent property owner to the south (Smith). He indicated that Town &
Country Homes is .purchasing this property to accommodate the construction of a
second public street access (173rd Street) for the Cornerstone Lake development as
required by the Phase 1 development contract. 173rd Street is designated as a minor
collector in the City's transportation plan and will provide full access to low density
minor arterial Pilot Knob Road at and existing median break. 173rd Street will be
Planning Commission Meeting
June 5, 2003
Page 10
extended to the east to intersect with Eagleview Drive with the development of Lake
Place 3rd Addition in 2004. Eagleview Drive intersects with major collector 176th Street.
Mr. Morey stated that the Cornerstone Lake development is limited to the construction
of 100 townhouse units until the second street access is constructed. Mr. Morey
explained the second street access, which occurs on the Smith property.. With the
inclusion of seven acres of the Smith property in the Cornerstone Lake .development,
an additiona126 townhouse units are proposed that were .not included in the approved
preliminary plat (not including the 22 townhouse units in Cornerstone Lake 3rd
Addition). The other 64 townhouse units in Cornerstone Lake 4th Addition were
included in the approved preliminary plat, however, several townhouse buildings are
proposed to be reconfigured due to the inclusion of the Smith property in the
Cornerstone Lake development.
Mr. Morey stated that in conjunction with the preliminary and final plat of Cornerstone
Lake 4th Addition, the developer is requesting a Comprehensive Plan amendment to
bring the seven acres of Smith property into the current MUSA. The Smith property is
currently located within: MUSA Expansion Area A.
Mr. Morey indicated that the townhouse buildings to be constructed in Cornerstone.
Lake 3rd and 4th Additions will match the townhouse buildings being constructed in the
first two phases of the Cornerstone Lake development and will meet the RM-1 District
• setback: requirements.
Mr. Morey identified the major streets that abut the Cornerstone Lake development
and the streets that will be constructed within the Cornerstone Lake development. The
townhouse buildings in Cornerstone Lake 3rd Addition will be served by existing
public streets and. private drives. The development of Cornerstone Lake 4th Addition
includes the extension of Embers Avenue and Encina Path from previous phases of the
Cornerstone Lake development to intersect with 173rd Street.
Mr. Morey stated that the developer has submitted a landscape plan for Cornerstone
Lake 4th Addition. The landscape plan includes a buffer yard berm and landscaping
screen east of Pilot Knob Road consist with the first two phases of the Cornerstone
Lake development.
Mr. Morey discussed the park and trail dedication requirements for Cornerstone Lake
"3rd and 4th Additions, which is outlined in more detail in-the May 30, 2003 planning
report. The Parks, Recreation and Natural Resources Committee will review the
preliminary and final plat plans at their June 11, 2003 meeting, prior to City Council
consideration.
Mr. Morey stated that the developer is proposing to revise the off-street guest parking
spaces within the. Cornerstone Lake development to accommodate the reconfigured
. and new townhouse buildings in Cornerstone Lake 4th Addition. He indicated that a
Planning Commission Meeting
June 5, 2003
Page 11
total of 106 guest parking spaces will be provided to serve the 212 townhouse units in
the Cornerstone Lake development.
Mr. Morey stated that should the Planning Commission recommend to the City.
Council approval of the Cornerstone Lake 3rd and 4th Additions preliminary and final
plats and approval of a Comprehensive Plan amendment to bring a portion of the
Cornerstone Lake 4th Addition preliminary and final plat into the current MUSA,
Planning Department staff recommends approval subject to the 15 stipulations listed in
the May 30, 2003 planning report.
Chair Stolte opened the hearing to the public for comments.
There were no comments from the audience.
03.65 :Motion by Swecker, Second by Pattee to close the public hearing at 7:05 p.m.
:.Ayes:. Swecker, Stolte, Detjen; Grenz, Drotning, Reuvers, Pattee.
Nays: 0
Commissioner Grenz asked staff to point out the guest parking in Cornerstone Lake 4th
Addition. Mr. Morey indicated where the guest parking is located in Cornerstone Lake
4th Addition and.. explained that the developer is proposing some modifications to the
guest parking areas within. the Cornerstone Lake development to meet Zoning
Ordinance requirements.
.Commissioner Drotning stated he doesn't like the seven driveways proposed onto
:173rd Street. _He feels that 173rd Street will function at a much higher classification than
a minor collector. Commissioners Grenz and Swecker also felt that there should be no
driveway access off of 173rd Street.
Chair Stolte and Commissioners Detjen, Pattee, Reuvers, and Puncochar agreed that
the developer has met the requirements of the. Zoning Ordinance and they are
comfortable with the driveways onto 173rd Street.
MR. Morey suggested the construction of hammerhead driveways so vehicles from the
townhouse. units fronting on 173rd Street would not have to back out onto 173rd Street.
Commissioner Swecker felt that hammerhead driveways would not be an acceptable
solution because the townhouse owners would likely park their vehicles in the
hammerhead area of the driveway.
Mr. Morey suggested that .the townhouse building on Lot 1, Block 1, Cornerstone Lake
4th Addition be reoriented so that driveway access would be onto Encina Path instead
of 173rd Street. This would eliminate the proposed driveway accesses to 173rd Street
that are closest to the Pilot Knob Road intersection. Mr. Clark stated that Town &
Country Homes would not be in favor of this suggestion because the building
• orientation would be different from all of the other townhouse buildings in the
Cornerstone Lake development located to the north adjacent to Pilot Knob Road.
Planning Commission Meeting
June 5, 2003
Page 12
Mr. Rubash discussed typical traffic volumes for a minor collector street versus a major
collector street. He also discussed the minor and major collector roadway network
identified in the Transportation Plan for this area of the city.
Commissioner Drotning discussed the screening along Pilot Knob Road. He asked
staff to be diligent in ensuring that the berming and landscaping that is installed along
Pilot Knob Road meets the approved plans. Mr. Clark stated that the berming and
retaining walls in the first two phases have been completed, however, the landscape
buffer will be completed this year.
Commissioner Swecker asked if any parks are planned for this area. Mr. Morey
indicated that a northeast community park is planned east of Pilot Knob Road, south of
160th Street, and north of 170th Street. A greenway corridor trail system is planned that
will connect the residential developments south of 170th Street to the northeast
community park.
03.66 Motion by °Drotning, Second by Detjen to recommend to City Council approval of
Cornerstone Lake 3rd Addition and Cornerstone Lake 4th' Addition .preliminary and
final plats, and approval of a Comprehensive Plan Amendment to bring a portion of
the Cornerstone Lake 4th Addition preliminary and final plat into .the current MUSA,
located south of 170th Street (C.R. 58) and east of Pilot Knob Road (C:R. 31), subject. to
the 15 stipulations listed. in the May 30, 2003 planning report.
• Ayes: Stolte, Detjen, Reuvers, Pattee.
Nays: Grenz, Drotning, Swecker.
Commissioners Grenz and Swecker voted nay because they felt the townhouse
buildings should be reoriented to eliminate driveway access to 173rd Street.
Commissioner Drotning agreed. He reiterated his belief that 173rd Street will
function at a much higher classification than a minor collector.
11. Dakota Electric Association
Chair Stolte opened the public hearing to consider the following applications of Dakota
Electric Association (DEA) for the construction of an electric power substation on land
located south of 160th Street (C.R. 46) and west of Pilot Knob Road (C.R. 31):
A. Preliminary and Final Plat to be known as Lakeville Substation.
B. Conditional Use Permit to allow the construction of a solid screening
wall.
C. Variance to allow a screening wall to be constructed taller than 8 feet in
height and less than 30 feet from public right-of-way.
D. Vacation of a portion of old Dodd Boulevard (CSAH 9) road right-of-
way
Assistant City Attorney Poehler attested that the legal notice had been duly published
in accordance with state statutes and City Code.
Planning Commission Meeting
June 5, 2003
Page 13
Sue Paraseau, representing Dakota Electric Association (DEA) was in attendance at
tonight's meeting along .with Jerry Gregory to answer any questions that the Planning
Commission or public may have. Ms. Paraseau presented an overview of the project.
DEA has determined that the new substation is needed to provide reliable electrical
service in the area beyond 2004.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated
that Dakota Electric Association (DEA) has submitted an application for a preliminary
and final plat of one lot and one outlot, a conditional use permit to allow the
construction of a solid screening wall, a variance to allow the screening wall to be
constructed taller than 8 feet in height and less than 30 feet from public right-of-way,
and aright-of-way vacation. He indicated that these actions would allow the
construction of an electric power substation on property located south of 160th Street
(C.R. 46) and west of Pilot Knob Road (C.R. 31). Mr. Dempsey indicated that one lot
would be platted for .the proposed electric power substation and the remainder would
be platted into an outlot and deeded to the City.
Mr. Dempsey stated that the majority of the subject property is under the ownership of
the City of Lakeville as part of the Dodd Boulevard (C.R. 9) right-of-way turn-back.
The location and atypical shape of the property adjacent to County Road 461ends itself
to the proposed substation development. He indicated that the proposed Lakeville
Substation lot would be zoned RST-2, Single and Two Family Residential District upon
vacation. of the. Dodd Boulevard (C.R. 9) right-of-way.
Regarding the right-of-way vacation, Mr. Dempsey indicated that Dakota County
turned-back to the City of Lakeville, the. old County Road 9 (Dodd Boulevard) right-of-
way on October 30, 2001. He stated that the development of the electric power
substation in the proposed location will require that the portion of old right-of-way
that Dakota Electric Association (DEA) is acquiring for this project be vacated.
Mr. Dempsey stated that. the temporary gravel driveway that was installed within
proposed Outlot A when construction on the realignment of Dodd Boulevard was
taking place is no longer necessary. Dakota Electric Association will be required to
remove the gravel and restore the driveway to grass. Stipulation 5 in the May 30, 2003
planning report states that this needs to be done by September 1, 2003. Dakota Electric
Association indicated that they would not be able to complete this until June 1, 2004.
Staff is recommending that the completion date for this stipulation be modified to June
1, 2004.
Mr. Dempsey stated that the Lakeville Substation preliminary and final plat and the
electric power substation will be accessed by a driveway from 160th Street (C.R. 46). He
indicated that the proposed Lakeville Substation plat will dedicate 10 feet of additional
right-of-way plus 15 feet of trail easement for a total of 100 feet of road right-of-way
and trail easement consistent with the draft Dakota County right-of-way need map.
• The Dakota County Plat Commission has approved the proposed road right-of-way
and trail easement dedication. Dakota Electric Association indicated that they will
Planning Commission Meeting
June 5, 2003
Page 14
need to use the driveway off of 160th Street temporarily for construction traffic. Staff
recommends that stipulation 4 in the May 30, 2003 planning report can be deleted.
Mr. Dempsey stated that where are no significant trees located within the proposed
. grading limits of Lot 1, Block 1. A number of small elm .and boxelder trees will be
.removed as part of the grading. He indicated that a total of 15 nursery grown spruce,
ash -and honeylocust trees and 56 potted dogwood and juniper shrubs will be planted
on site.
Mr. Dempsey stated that Dakota Electric Association is proposing to dedicate Outlot A
to the City in lieu of a cash contribution to meet the park dedication requirement. The
Parks, .Recreation and Natural Resources Committee will make a recommendation on
the park dedication requirement for this preliminary and final plat at their June 11,
2003 meeting, prior to consideration by the City Council
Mr. Dempsey stated. that a conditional use permit is required for Dakota Electric
Association to construct a 10 foot tall, brown colored solid pre-cast concrete wall on the
north and west sides of the property. He indicated. that the wall is proposed to provide
visual screening of the substation equipment from County Road 46 and the adjacent
park and single-family houses to the west. This decorative screening wall will bethe
first of'its kind for screening a utility substation in the city. Mr. Dempsey indicated
that an 8-foot tall barbed security wire fence is proposed on the south and east sides of
the property.
Mr. Dempsey stated that a variance is required to allow the proposed screening wall
taller than 8 feet and to allow the .solid wall to be set back less than 30 feet from the
north property line. The proposed setback will be 5 feet from the south edge of the
proposed trail easement. He indicated that the additiona125 feet of right-of-way/trail
easement requested by Dakota County for County Road 46 poses a public action
hardship for Dakota Electric Association since their plans were prepared prior to the
draft Dakota County Right-of-Way Needs Map. Mr. Dempsey stated that the electric
substation cannot be constructed at this site and meet the setback from the proposed,
right-of-way/trail easement. He indicated that staff supports the variance request.
Mr. Dempsey stated that should the Planning Commission recommend to the City
Council: approval of a preliminary and final plat to be known as Lakeville Substation,
conditional use permit to allow the construction of a solid screening wall, a variance to
allow the screening wall to be constructed taller than 8 feet in height and less than 30
feet from public right-of-way, and a vacation of public right-of-way, Planning
Department staff recommends approval subject to the 7 stipulations listed in the May
30, 2003 planning report, as amended.
Chair Stolte opened the hearing to the public for comments.
• There were no comments from the audience.
Planning Commission Meeting
June 5, 2003
Page 15
03.67 , Motion by Reuvers, Second by Swecker to close the public hearing at 8:10 p.m.
Ayes: Detjen, Drotning, Reuvers, Pattee, Swecker, Stolte.
Nays: 0
Chair Stolte confirmed that the 10-foot height of the wall is due to the fact that the
precast walls are made that height.
Cornxnissioner Swecker asked what the time frame was for completion of the
Substation. Ms. Paraseau stated that they want the substation installed and energized
in Spring of 2004.
Mr. Dempsey stated that Stipulation 4 will be removed and Stipulation 5 will be
amended to read June 1, 2004.
03.68 Motion by Reuvers, Second by Drotning to recommend to City Council approval of 1)
a preliminary and final plat to be known as Lakeville Substation, located south of 160th
Street (C.R. 46) and west of Pilot Knob Road{C.R. 31), 2) a conditional use permit to
allow the construction of a solid screening wall, 3) a variance to allow the screening
wall to be constructed taller than 8 feet in height and less than 30 feet from public right-
of-way, and 4) a vacation of public right-of-way, subject to the 7 stipulations listed in
the May 30, 2003 planning report,. as amended, and approval of the Findings of Fact
dated June 5, 2003.
• A es: Drotnin Reuvers, Pattee, Swecker, Stolte, Det'en
y ~ ~
Nays: 0
Commissioner Grenz returned at 8:25 p.m.
12. City of Lakeville
Chair Stolte opened the public hearing to consider the application of the City of
Lakeville for an Ordinance amending Chapter 37 of Title 11 (the Zoning Ordinance) of
the Lakeville City Code concerning Motor Vehicle Fuel Facilities. Assistant City
Attorney Poehler attested that the legal notice had been duly published in accordance
with state statutes and City Code.
Planning Consultant Daniel Licht of Northwest Associated Consultants, Inc. (NAC)
was in attendance at tonight's meeting to present an overview of the amendments to
Chapter 37 of the Zoning Ordinance.
Mr. Licht reviewed the background information regarding the motor fuel facility uses,
-and a timeline of events since the City of Lakeville completed the motor fuel facilities
study in 1997, which are outlined in Mr. Licht's May 6, 2003 planning report. Mr. Licht
stated Ghat. the Planning Commission held 4 work sessions to consider modifying the
• zoning ordinance to allow greater flexibility for outdoor sales and display at the
request of motor fuel facility owners and. managers.
Planning Commission Meeting
June 5, 2003
Page 16
Mr. Licht discussed the regulatory issues that the Planning Commission reviewed at
the February 20 and March 20, 2003 work sessions concerning sale goods, seasonal
sales, area and the size of outdoor sales, location of sales items, vehicle
parking/circulation, pedestrian access, height of the product for sale, and screening of
the items for sale, as outlined in the May 6, 2003 planning report.
Mr. Licht stated that if the Zoning Ordinance is amended to allow for limited outdoor
sales and display for motor fuel facilities, the outdoor sales use would be reviewed as
part of the conditional use permit process for any new facility. He indicated that a
conditional use permit amendment would be required to allow the outdoor sales and
display allowed under the proposed ordinance amendment .for all existing facilities.
Mr. Licht stated that the City would consider processing the conditional use permit
amendments as one public hearing subject to notification of the surrounding property
owners.
Mr. Licht stated that the major concerns expressed by the Planning. Commission at
work sessions were pedestrian access, visibility, on-site circulation, and traffic safety.
Mr. Licht stated that should the Planning Commission. recommend to the City Council
approval of the Zoning Ordinance amendment, Planning Department .staff
recommends approval as presented.
Chair Stolte opened the hearing to the public. for comments.
Stewart C. Loper, Attorney with Chestnut F~ Cambronne, representing the MN Petroleum
Marketers Association.
Mr. Loper's questions/concerns were:
? Why is this ordinance amendment necessary?
? Is there documentation that there is a greater risk associated with outdoor sales
and display at motor fuel facilities than at other retailers?
? What is the relationship between .outside sales and the health and safety of
residents of Lakeville?
? Have there been any studies done regarding motor fuel facilities?
Tim Yocum, owner of the Holiday Station at 16255 Ipava Avenue
Mr. Yocum's concerns were:
? He feels the proposed ordinance will create a hardship for motor fuel facilities.
? Asked the Planning Commission to be reasonable in their regulations.
? Wanted the City to demonstrate the risk associated with limiting the height of
outside displays.
• Mr. Morey thanked Mr. Yocum far being one of the most compliant motor fuel facility
in the City with respect to outdoor sales .and display.
Planning Commission Meeting
June 5, 2003
Page 17
• Bob Krogman, MN Petroleum Marketers Association
Mr. Krogman's concerns were:
? How many of the existing .motor fuel facilities would comply with the
proposed requirements without a major remodeling?
? He felt that if there were traffic .safety problems at the motor fuel facilities,
customers would stop doing business there.
03.69 Motion by Swecker, Second by Reuvers to close the public hearing at 8:50 p.m.
Ayes: Drotning, Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz.
Nays: 0
Chair Stolte stated that the Planning Commission has discussed these issues at length
at work sessions and the motor fuel facilities owners and managers have been invited
to attend to provide comments or ask questions. He indicated that the Planning
Commission. received very little feedback from the owners and managers at the works
sessions.
Mr. Licht stated that the City regulates the motor fuel facilities as a specific use. Traffic
generation, hours _of operation, noise, odors, and other adverse impacts are different
than a typical retail store. Motor fuel facilities are allowed only by conditional use to
allow the city to review these impacts in conjunction with zoning ordinance
• requirements for each proposed facility.
Mr. Licht described the Motor Fuel Facilities Study prepared by NAC in 1997.
Mr. Morey referred to the motor fuel facilities checklist included in the Planning
Commission packet and indicated that all of the existing facilities would be able to
comply with one or more of the outdoor sales and display locations allowed under the
proposed ordinance amendment. He stated that a few could comply with all of the
proposed location requirements. A copy of this checklist .was handed out to all in
attendance.
Mr. Krogman stated that a 9 foot wide sidewalk would be required in front of the
building to allow a 4 foot pallet of display items and a 5 foot walk area.
Mr. Yocum asked about the ice storage containers. Mr. Licht stated that if the ice
containers are used for storage only, they must be located on the side or rear of the
building and screened. from view. If they are directly accessible .for customer sales,
then they can be located in front of the building and count toward the maximum.
display area square footage.
Break at 8:50 p.m.
Reconvened at 8:55 p.m.
•
Planning Commission Meeting
June 5, 2003
Page 18
Commissioner Drotning confirmed with the Assistant City Attorney that the City has a
right to .regulate outdoor sales. He stated that the motor fuel facilities owners and
managers agreed to the zoning ordinance five years ago which prohibits .most. outdoor
sales and display. Then, as soon as the City started enforcing the ordinance, the motor
fuel facilities and managers didn't like it.
The Commissioners discussed raised curb requirement, ice storage containers and their
availability to customers, and whether the proposed ordinance amendment is too strict.
Commissioner Reuvers stated that he thought the ordinance amendment approved in
1997 was too strict, but he feels the proposed ordinance amendment is a good balance
between no outdoor sales and unlimited outdoor sales.
The Planning Commission also agreed to grandfather the 3 motor fuel facilities with
less than 6 - 3 inch raised curbs. in front of the building, and keep the 6 inch raised curb
requirement for all other facilities.
The Planning Commission agreed to reduce the existing unobstructed sidewalk
requirement in front of the building from 5 feet to 3 feet if the sidewalk is segregated
from the parking/drive area by a physical barrier that prevents vehicles from over
hanging the curb.
03.70 Motion by Reuvers, Second by Drotning to recommend to City Council approval of an
Ordinance amending Chapter 37 of the Zoning Ordinance concerning Motor Vehicle
Fuel Facilities, as amended.
Ayes: Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz, Drotning
Nays: 0
There being no further business, the meeting was adjourned at 9:15 p.m.
Respectfully submitted,
Penny B ,Recording Sec etary
ATTEST:
dy~~
• Lowell Miller Stolte, Chair