HomeMy WebLinkAbout07-17-03 CITY OF LAKEVILLE
• Planning Commission Meeting Minutes
JULY 17, 2003
The July 17, 2003 Planning Commission meeting was called to order by Chair 5tolte in
the City Hall Council Chambers at 6:00 p.m.
Flag pledge and roll call of members:
Present: Reuvers, Pattee, Stolte, Detjen, Grenz, Drotning.
Absent: Swecker, ex-officio Puncochar.
Staff Present: Daryl Morey, Planning Director; David Olson, Community & Economic
Development Director; Frank Dempsey, Associate Planner; Ron Mullenbach, Associate
Planner; jay Rubash, Assistant City Engineer; Daniel Licht, Northwest Associated
Consultants; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording
Secretary.
ITEM 3: APPROVAL OF MEETING MINUTES:
The June 19, 2003 Planning Commission meeting minutes were approved as presented.
The June 19, 2003 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. Copy of the July 16, 2003 Parks, Recreation and Natural Resources Committee
meeting motions regarding the Wagners View preliminary and final plat and
the Lone Tree Point final plat.
2. Copy of revised plans for the Cloverleaf Cold Storage CUP, showing relocated
deferred parking.
3. E-mail from an adjacent property owner to Wagners View indicating that they
have no objections or issues.
4. Revised memo from former Associate Planner Janice Waataja relating to other
cities' regulations for motor fuel facility outdoor sales and display.
ITEM 5. CONSENT AGENDA
03.74 Motion by Detjen, Second by .Reuvers to recommend to City Council approval of the
July 17, 2003 Planning Commission Consent Agenda as follows:
A. Application of Denise Heintz for athree-year extension of a Special
Home Occupation Permit to operate a hair salon business out of her
home, located at 9286178th Street West.
Planning Commission Meeting
July 17, 2003
Page 2
B. Application of Judith Stavros, Carroll Brown, and John and jean
Osbourne for a final plat of 8single-family residential lots to be
known as Lone Tree Point, located north of Lake Marion and east of
Kenrick Avenue.
C. Application of D.R.. Horton -Minnesota for a final plat of 21 single
family lots and 84 back-to-back style. attached townhome units on
.eleven lots to be known as Crossroads 2nd Addition, located south of
175th Street and east of Glacier Way.
Ayes: Reuvers, Pattee, Stolte, Detjen, Grenz, Drotning.
Nays:. 0
ITEM 6. WAGNERS VIEW
Chair. Stolte opened the public hearing to consider the request of Jennifer Posma.
Wagner and Mark A. Wagner for a preliminary and final plat of one single family
residential lot to be known as Wagners View, located at 19019 Orchard Trail. Assistant
City. Attorney Poehler attested that the legal notice had been duly published:. in
accordance with state statutes and City Code..
• Jennifer Posma Wagner and. Mark A. Wagner were in attendance at tonight's meeting
to answer any questions that the Planning Commission or public may have. Ms:
Wagner presented an overview of the project.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated
that Mark and Jennifer Wagner have submitted an application for the preliminary and
final plat of one single family lot on one block to be known as Wagners View at 19019
Orchard Trail. He indicated that the purpose of the proposed preliminary and final
plat is for the combination of two metes and bounds described parcels to remove the
property line between the parcels to allow for the construction of a new single family
home. Mr. Dempsey stated that the existing house would be removed to allow .the
construction of the proposed walkout style house. The property is zoned RS-3, Single
Family Residential District and is located in the Shoreland Overlay District. of Lake
Marion.
Mr. Dempsey stated that the preliminary and final plat of Wagners View consists of
one lot and one block. The lot meets the minimum lot area and lot. width requirements
of the RS-3 District. He also indicated that the proposed building meets the RS-3,
District and the Shoreland Overlay District setbacks.
Mr. Dempsey stated that no additional right-of-way or street improvements are
required for the existing Orchard Trail, onto which Wagners View has frontage and
access. He also indicated that no park dedication fee is required since. no new
residential lots are being created with the preliminary and final plat of Wagners View.
Planning Commission Meeting
July 17, 2003
Page 3
• Mr. Dempsey indicated that the rear yard drainage and utility easement is oversized to
accommodate the 100-year floodplain elevation. Documentation must be submitted
that the well has been sealed in compliance with City and County requirements prior
to the issuance of a building permit for the new home.
Mr. Dempsey stated that the grading plan and tree inventory show that there are 15
existing trees on the lot, which consist of primarily of spruce, oak, elm, and maple. He
indicated that 12 trees will be saved resulting in a save percentage of 80%.
Mr. Dempsey stated that should the Planning Commission recommend to the City
Council approval of the preliminary and final plat of Wagners View, Planning
Department staff recommends approval subject to the 6 stipulations listed in the July 3,
2003 planning report.
Chair Stolte opened the hearing to the public for comments.
There were no comments from the audience.
03.75 Motion by Drotning, Second by Pattee to close the public hearing at 6:10 p.m.
Ayes: Pattee, Stolte, Detjen, Grenz, Drotning, Reuvers.
Nays: 0
• Commissioner Drotning asked what planning applications would have been required
if the Wagner's were only expanding their home. Mr. Dempsey indicated that it would
have required a conditional use permit to expand anon-conforming home. He stated
that a preliminary and. final plat and removal of .the existing home is eliminating a
significant non-conformity on the property.
03.76 Motion by Reuvers, Second by Drotning to recommend to City Council approval of
the Wagners View preliminary and final plat of one single-family residential lot located
at 19019 Orchard Trail, subject to the 6 stipulations listed in the July 3, 2003 planning
report
Ayes: Stolte, Detjen, Grenz, Drotning, Reuvers,. Pattee.
Nays: 0
ITEM 7. CLOVERLEAF COLD STORAGE
Chair Stolte opened the public hearing to consider the request of CCS Realty Co, (d.b.a.
Cloverleaf Cold Storage) for a conditional use permit to allow the construction.. of an
expansion to an existing industrial building with greater than 50% of its exterior
elevations finished .with exposed. metal wall panels, located at 21775 Cedar Avenue.
Assistant City Attorney Poehler attested. that the legal notice had. been duly published
in accordance with state statutes and City Code.
Bill Feiges from Cloverleaf Cold Storage and .Jim Geusebrock from KC Engineering
were in attendance at tonight's meeting to answer any questions that the Planning
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July 17, 2003
Page 4
• Commission or public may have. Mr. Geusebrock presented an overview of the
redevelopment project.
Associate .Planner Ron Mullenbach presented the planning report. Mr. Mullenbach
stated the representatives of Cloverleaf Cold Storage are proposing to acquire and
redevelop the former Merillat facility, located at 21775 Cedar Avenue, into a freezer
and dry storage/warehouse facility. He indicated that the applicants are proposing to
remove. the front portion of the facility and construct a 124,000 square foot freezer
storage addition in its place. A potential second. phase of construction would add
75,000 square feet of freezer storage space.
Mr. Mullenbach stated that the Zoning Ordinance includes a provision to allow a
building to have greater than 50% of .its exterior elevations to be finished with exposed
steel wall panels by conditional use permit. Cloverleaf has .indicated that freezer
storage buildings require a unique type of steel/insulation "sandwich" panel
construction and cannot be constructed out of masonry materials.
Exceptions to the 50% masonry requirement are allowed by conditional use permit,
provided that the proposed building maintains .the quality intended by the Zoning
Ordinance, is compatible and in harmony with other structures within the district, and
the provisions of Chapter 4 (Conditional Use Permits) are considered and satisfactorily
• met. Mr. Mullenbach reviewed these five provisions.
Mr. Mullenbach indicated that the Planning Commission discussed this project at their
June 19, 2003 work session. It was determined at this time by the majority of members
that the unique nature of the freezer storage business warrants special consideration
and that the same consideration would not be applicable to typical office,
manufacturing or warehouse facilities. He stated that it was determined that the steel
building would be acceptable provided that: 1) the steel panels not be white as it is too
stark of a contrast; 2) significant landscaping and berming should be installed along
Cedar Avenue to break-up the mass of the building; and 3) the developer should paint
the existing dry storage building a complimentary earth tone color to improve the look
of the building.
Mr. Mullenbach stated that the developers are proposing to use sandstone-colored
metal/insulation sandwich panels on the freezer warehouse addition and provide
landscaped berms east of the building. He indicated that City staff is recommending
that the developer use panels with a "stucco-style" finish with a dark metal cap to give
the building a masonry look. In addition, Mr. Mullenbach stated that the developer
would be required to re-paint .,the dry storage portion of the existing building to
complement the color of the sandstone panels.
Mr. Mullenbach discussed the infiltration basin requirements, which will require the
landscaping in the northeast corner of the site to move slightly to the west to allow for
the infiltration swale.
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July 17, 2003
Page 5
Mr. Mullenbach indicated that parking has been met for Phase I and. the proposed
Phase II. The developers are proposing to remove existing loading docks on the west
end of the building and add deferred .parking so that in Phase II they would- only have
to stripe existing pavement.
Mr. Geusebrock added that the east elevation of the Phase I building and the higher
wall behind the loading dock on the north and south elevations must be constructed of
a smooth panel because these areas need to bekept clean due to USDA regulations.
.The rail dock wall. must also be a smooth panel. because the rail cars create soot, which
must be removed from the wall periodically. The Phase I east elevation will become an
interior wall with the Phase II addition and must also be a smooth panel. The Phase II
east elevation will have the stucco finish. All panels will be sandstone colored.
Mr. Mullenbach stated that should the Planning Commission recommend to the City
Council approval of the Cloverleaf Cold Storage Conditional Use Permit, Planning
Department staff recommends approval subject to the six stipulations listed in the July
11, 2003 planning report, and approval of the Findings of Fact dated July 17, 2003.
Chair Stolte opened the hearing to .the public for. comments.
There were no comments from the audience.
• 03.77 Motion by Drotning, Second by Pattee to close the public hearing at 6:30. p.m.
- Ayes: Detjen, Grenz, Drotning, Reuvers, Pattee, Stolte.
:Nays: 0, ,
Chair Stolte asked City staff to comment on the stucco finish. Mr. Mullenbach stated
that staff visited four or five refrigerator: storage facilities last week.. Farmington's
storage facility has anon-white stucco finish, which has a better appearance .than the
white smooth panels used on all of the other buildings staff visited.
The developers indicated that there are certain requirements with food facilities. They
follow the USDA requirements for maintenance of the building, both inside and
outside the building. For example, the company must keep the perimeter of the
building free of weeds and. dirt and both the inside and outside of the building must be
kept clean.
Commissioner Grenz displayed photos. of other buildings around the country,. which
he found on the Internet. He feels that the other facilities have included masonry to
break up the "big white wall" look.
Mr. Geusebrock indicated that between the neutral color they are proposing to use (not
white); the decorative awnings and the landscaping, the look would be .broken up
. sufficiently. Mr. Feiges added that the one all-masonry building shown by
Commissioner Grenz was recently condemned and a new steel facility constructed to
replace it.
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July 17, 2003
Page 6
i Commissioner Reuvers was very: supportive of this project. He felt that the existing
building doesn't look good and he thinks the earth tone color, the dark band around
the top edge of the proposed building addition, and the landscaping will help the look
of the building.
Commissioner Drotning indicated that he felt the color of the building is the key. He
.likes the sandstone and appreciated the developers' cooperation. He likes the different
elevations that are proposed for the building. Commissioner Drotning wanted to
insure that the freezer building could not be used as a warehouse facility if the building
was sold in the future due to the parking situation.
Mr. Mullenbach indicated that a stipulation could be added indicating that a change in
occupancy from freezer storage to another type of use will require compliance with the
parking requirements of the Zoning Ordinance. The applicant understands that the
proposed development significantly restricts the reuse of the facility.
Commissioner Drotning addressed the letter from an adjacent property owner
regarding the. value of surrounding property if this building was approved. He
disagrees with the letter and feels it would not affect adjacent properties based on the
existing condition of the adjacent properties:
Commissioner Drotning.indicated that the Conditional Use Permit should clarify that it
is for Phase I only so hat the Planning Commission will have an opportunity to review
the outcome before approving the Phase II addition.
Mr. Morey recommended the following. changes to the stipulations .listed in the July 11,
2003 planning report:
b. The proposed steel panels shall have a sandstone color smooth finish in
Phase I and the north and south walls of Phase II and a sandstone color
and stucco-stele finish on .the east wall of Phase II and the...
c. The site shall be developed according to the approved Phase I
site/grading plans. A CUP amendment is required for .Phase II
construction, unless Phase II is constructed within one year of approval
of this conditional use permit.
g. Any change of use or occupancy of any building or buildings including
additions thereto requiring more. parking area shall not be permitted
until there is furnished such additional harking spaces as required by
Chapter 19 of the Zoning Ordinance.
03.78 Motion by Drotning, Second by Detjen to recommend to City Council approval of the
Cloverleaf Cold Storage Conditional Use Permit to allow the construction of an
expansion to an existing industrial building with greater than 50% of its exterior
elevations finished with exposed metal wall panels, located at 21775 Cedar Avenue,
Planning Commission Meeting
July 17, 2003
Page 7
• subject to the six stipulations listed in the July 11, 2003 planning report, as amended,
and approval of the Findings of Fact dated July 17, 2003.
Ayes: Drotning, Reuvers, Pattee, Stolte, Detjen.
Nays: Grenz. He feels the developer should break up the large white east wall better than they
are proposing.
ITEM 8. CITY OF LAKEVILLE
Chair Stolte opened the public .hearing to consider the request of the City of Lakeville
for an ordinance amending Chapter 71-11E of Title 11 (the Zoning Ordinance) of the
Lakeville City Code concerning temporary outdoor .sales. Assistant City Attorney
Poehler attested that the legal notice had been duly published in accordance with state
statutes and City Code.
Daniel Licht from Northwest Associated Consultants, Inc. (NAC) presented the
planning reporta Mr. Licht stated that the City Council adopted an amendment. on
January 6, 2003 of City Code Title 3, Chapter 13, concerning peddlers, solicitors and
transient merchants. Following adoption of this City Code amendment, a revision of
the related Zoning .Ordinance. requirements is being proposed.. Mr. Licht indicated .that
this amendment would provide more consistent treatment of temporary uses that are
. transient versus established businesses.
Mr. Licht stated .that the City Code and Zoning Ordinance amendments were
precipitated by requests for outdoor. produce sales.. stands. The. City used to restrict
such activities to the property on which the produce was. grown.. However, Mr. Licht
indicated that this restriction conflicts with State Statutes requiring cities to allow for
produce stands. He indicated that this amendment would resolve the conflict between.
City Code and state statutes.
Mr. Licht stated that should the Planning Commission recommend to the City Council
approval of an ordinance amending Title 11 (Zoning Ordinance) of the Lakeville City
Code concerning transient merchants, Planning Department staff recommends
approval.
Chair Stolte opened the hearing to the public for comments.
There were no comments from the audience.
03.79 Motion by Drotning, Second by Pattee to close the public hearing at 7:25 p.m.
Ayes: Drotning, Reuvers, Pattee, Stolte, Detjen, Grenz.
Nays: 0
• Chair Stolte asked Mr. Licht why transient merchant sales will be restricted to one
event per year. Mr. Licht indicated that this event is secondary to the principal use of
the property, and should be appropriately restricted.
Planning Commission Meeting
.July 17, 2003
Page 8
•03.80 Motion by Detjen, Second by Drotning to recommend to City Council approval of an
ordinance amending Chapter 71-11E of Title 11 (the Zoning Ordinance) of the Lakeville
City Code concerning transient merchants.
Ayes: Reuvers, Pattee, Stolte, Detjen, Grenz, Drotning.
Nays: 0
There being no further business, the meeting was. adjourned at 7:30 p.m.
Respectfully submitted,
Penny g, Recording retary
ATTEST:
f
owell Miller Stolte,. Chair
•