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HomeMy WebLinkAbout08-07-03 CITY OF LAKEVILLE Planning Commission Meeting Minutes AUGUST 7, 2003 The August 7, .2003 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, Sweeker, Stolte, Detjen, Grenz, Drotning, ex-officio Puncochar. Absent: Reuvers arrived at 6:12 p.m. 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; Roger Knutson, City Attorney; and Penny Brevig, Recording Secretary. ITEM 3: APPROVAL OF MEETING MINUTES: The July 17, 2003 Planning Commission meeting minutes were approved as presented. The July 17, 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 August 6, 2003 Parks, Recreation and Natural Resources Committee meeting motions regarding .the Klamath Glen preliminary and final plat and Tradition Development, LLC Interim Use Permit. 2. E-mail from the owner of 5 Star Nails regarding the Minnesota School of Beauty. 3. Copy of the amended sign ordinance highlighting the sections of the ordinance that will be reinserted. (To be discussed under New Business). ITEM 5. CONSENT AGENDA 03.81 Motion. by Drotning, Second by Swecker to recommend to City Council approval of the August 7, 2003 Planning Commission Consent Agenda as follows: A. Application of Julie Johnston for athree-year extension of a Special Home Occupation Permit to operate a sewing class... out of her home, located at 7391 178ei Street West. Ayes: Pattee, Swecker, Stolte, Detjen, Grenz, Drotning. Nays: 0 Planning Commission Meeting August 7, 2003 Page 2 ITEM 6. LARRY ALMAN Chair Stolte opened the public hearing to consider the request of Larry Alman for. a vacation of a permanent public drainage and utility easement, located at 10285 170th Street. City Attorney Knutson attested .that the. legal notice had been duly published in accordance with state statutes and City Code. Associate Planner Ron Mullenbach presented the .planning report. Mr. Mullenbach stated that Mr. Alman is proposing to vacate 10 feet of the existing 20-foot wide drainage and utility easement at 10285170th Street West. Mr. Mullenbach indicated that the proposed drainage and utility easement vacation is being requested to allow the construction of an in-ground swimming pool on the northeast portion of his lot. He stated that the Zoning Ordinance prohibits in-ground swimming pools in drainage and utility easements. Mr. Mullenbach stated that the swimming pool is proposed to be constructed completely outside the remaining 10-foot wide drainage and utility easement and will be located at least 10 feet from the side and rear property: lines and the existing. house and deck located on the property. A 10- footwide rear yard drainage and utility easement is the City's standard. Mr. Mullenbach indicated that the utility companies had been notified and they had no objections to the proposed easement vacation. Mr. Mullenbach stated that should the Plannin Commission recommend to the Ci g Council approval of the easement vacation, Planning Department staff recommends. approval subject to the 3 stipulations .listed in the July 28, 2003 planning report. Chair Stolte opened the hearing to .the public. for comments. There were no comments from the audience. 03.82 Motion by Swecker, Second by Detjen to close the public hearing at 6:10 p.m. Ayes: Pattee, Swecker, Stolte, Detjen, Grenz, Drotning. Nays: 0 In response to Commissioner Drotning's question regarding including the neighboring property owners in the easement vacation request, Mr. Mullenbach indicated that all the neighbors would have to sign the easement vacation application and hire a .surveyor(s) to prepare legal descriptions for each individual lot's portion of the rear yard drainage and utility easement to be vacated. If the neighbors were not planning to construct any structures within the easement, this would involve an expense they may not want to incur. 03.83 Motion by Detjen, Second by Grenz to recommend to City Council approval of a • vacation of a permanent public drainage .and utility easement located at 10285 170th Street, subject to the 3 stipulations listed in the July 28, 2003 planning report Planning Commission Meeting August 7, 2003 Page 3 Ayes: Swecker, Stolte, Detjen, Grenz, Drotnin Reuvers, Pattee. Nays: 0 ITEM 7. MINNESOTA SCHOOL OF BEAUTY Chair Stolte opened the public hearing to consider. the request of Diane Lindo and Lara Kelley for a Conditional Use Permit to allow the operation of an adult education facility: in the Heritage Commons commercial. center, located at 20186 Heritage Drive. City Attorney Knutson attested that the legal notice had been duly published in accordance with state statutes and City Code. Diane Lindo and Lara Kelley were in attendance at tonight's meeting to answer .any questions that the. Planning Commission or public may have. Ms. Lindo .and Ms. Kelley presented an overview of the project. They expressed an opening date for the school of October, 2003. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Diane Lindo .and Lara Kelley .have applied for a conditional use permit to allow the operation of a cosmetology school in the Heritage Commons Phase One development at 20186 Heritage Drive. A cosmetology school is considered as an adult education facility in the C-3, General Commercial District. Mr. Dem se stated that the Zonin Ordinance lists nine criteria that must be met for p Y g an adult. education conditional use permit in the C-3 District, which are discussed in the August 1, 2003 planning report. Mr. Dempsey indicated that. there are 139 parking spaces serving the two Heritage Commons Phase One commercial buildings. The Zoning Ordinance does not specify a parking requirement for the beauty school. He stated that the Zoning Ordinance allows that a parking calculation be made by the Zoning Administrator based upon, but not limited to, characteristics for similar uses. and professional studies. Planning Department staff utilized study data prepared by the American Planning Association (APA) for this use. Mr. Dempsey stated that the Minnesota School of Beauty. would include occasional clients that will act as live models for the cosmetology students. He indicated that up to 25 cosmetology and 5 nail technology live models or clients would be scheduled for appointments between 9:00 a.m. and 5:30 p.m. Not more than 10 public clients shall be provided services at any one time to limit the demand for parking. Mr. Dempsey stated that the 139 parking spaces for the Heritage Commons Phase One development could accommodate the parking demand for the Minnesota School of Beauty provided that stipulations are established that puts a limit on the student, employee and client totals. Mr. bempsey discussed the applicants' proposed future expansion. and what the • parking requirements would be. He indicated that parking demand for this expansion could exceed the existing 139 supply of parking spaces. Mr. Dempsey stated that when the future phase of Heritage Commons is developed to the .west of the exiting Planning Commission Meeting August 7, 2003 Page 4 . commercial center and additional parking spaces are constructed, parking demand may be met under a shared parking arrangement. At that point, the City could consider an amendment to the conditional. use permit to allow a shared parking. arrangement between the Minnesota School of Beauty and the future commercial development to the west. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Conditional Use Permit for the Minnesota School of Beauty, Planning Department staff recommends approval subject to the 7 stipulations listed in the August 1, 2003 planning report, and approval of the Findings of Fact dated August 7, 2003.: Chair Stolte opened the hearing to the public for comments. There were no comments from the audience. 03.84 Motion by Pattee, Second by Reuvers to close the public hearing at 6:20 p.m. Ayes:. Stolte, Detjen, Grenz, Drotning, Reuvers, Pattee, Swecker. Nays:. 0 Chair Stolte asked about the timing of the school's expansion. The owners indicated that they are looking to re-evaluate their situation in early spring, 2004 and look at expanding. at that time. Mr. Dempsey stated that parking to the west would have to be constructed and the conditional use permit amended in order for the beauty school to expand beyond the student, employee and client caps listed in the August 1, 2003 planning report. Commissioner Grenz asked where the nearest similar school was located. The owners indicated that there was a smaller student capacity school in Cobblestone Court in Burnsville. Commissioner Swecker addressed the e-mail from 5 Star Nails, a tenant in Heritage Commons. Ms. Lindo and Ms. Kelley indicated that their cliental would be different than the people going. to Great Clips and 5 Star Nails. They like to attract senior citizens, young children, and people that would be able to spend more time at the school. They also indicated that they would not carry the same retail product line as the other tenants. Commissioner Swecker wanted to know who stipulates where the students/staff park, and wanted to be sure they would not be parking in front of .other stores in the Heritage Commons Center. The owner of Heritage Commons, Luigi Bernardi, was in attendance at tonight's meeting and indicated that he could designate parking for each tenant in front of their. tenant space if parking becomes a problem. • Planning Commission Meeting August 7, 2003 Page 5 Planning Director Daryl Morey stated that the property owner would be responsible for installing the signs described by Mr. Bernardi and for enforcing the parking as signed. 03.85 Motion by Drotning, Second by Detjen to recommend to City Council. approval of the Conditional Use Permit for the Minnesota School of Beauty, located at 20186 Heritage Drive, subject to the 7 stipulations listed in the August 1, 2003 planning report, and approval of the Findings of Fact dated August. 7, 2003. Ayes; Detjen, Grenz, Drotning, Reuvers, Pattee, Swecker, Stolte. Nays: 0 ITEM 8. TRADITION DEVELOPMENT Chair Stolte opened. the public hearing to consider the request of Tradition Development, LLC for an Interim Use Permit to allow the mining and excavation of aggregate, located north of 170th Street and east of Pilot Knob Road. City Attorney Knutson attested that the legal notice had been duly published in accordance with state statutes and City Code. .Rob Wachholz representing Tradition Development was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Wachholz presented an overview of the gravel mining request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Tradition Development, LLC has submitted an application for an Interim Use permit (NP) to allow the operation of a 39-acre sand and gravel mine within. an existing 196.91-acre parcel. He indicated that Tradition Development, LLC plans to mine approximately 2,000,000 cubic yards of material until December 31, 2005 with. restoration completed by June 1, 2006. Mr. Dempsey indicated that the Zoning Ordinance allows mining and excavation as an interim use in all zoning districts outside the current MUSA and MUSA. Expansion Area A and requests must conform to the standards listed in the City Code. He stated that Tradition Development, LLC has submitted a mining and reclamation plan for property located in MUSA Expansion Area B (2010), which outlines the proposed mining area and. reclamation in detail. In conjunction with the Excavation and Mining Permit, Mr. Dempsey stated that the. plans have addressed the required information, which are listed in detail in the August 1, 2003 planning report. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of an Interim Use.Permit for Tradition Development, LLC, to allow the mining of aggregate, Planning Department staff recommends approval subject to the 16 stipulations listed in the August 1, 2003 planning report, and approval of the Findings of Fact, dated August 7, 2003. Chair Stolte opened the hearing to the public for comments. Planning Commission Meeting August 7, 2003 Page 6 There were no comments from the audience. 03.86 Motion by Swecker, Second by Drotning to close the public hearing at 6:35 p.m. Ayes: Grenz, Drotning, Reuvers, Pattee, Swecker, Stolte, Detjen. Nays: 0 Commissioner Detjen asked how confident Tradition Development was with their time frame to complete mining by December 31, 2005. Mr. Wachholz stated they were very confident they would be done within that time frame. He indicated that the. aggregate would be stock piled on the Nordic Square property and they have contract rights on that property unti12010. Commissioner Swecker confirmed that there would be no stock piling or rock crushing on the subject property. She also questioned the dust control. Mr. Wachholz indicated that dust control is performed on an "as needed" basis. 03.87 Motion by Drotning, Second by Detjen to recommend to City Council approval of an Interim Use Permit. for Tradition Development, LLC, to allow the mining of .aggregate, subject to the 16 stipulations listed in the August 1, 2003 planning report, and approval of the Findings of Fact, dated August 7, 2003. • Ayes: Drotning, Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz. Nays: 0 Item 9. Taco Bell /Long John. Silver's Chair Stolte opened the. public hearing to consider the request of United Properties for a Conditional Use Permit to allow the construction of a Taco Bell/Long John Silver's fast-food restaurant, located.. at 17713 junelle Path. City Attorney Knutson attested .that the legal notice had. been duly published in accordance with state statutes and City Code. Commissioner Drotning stated that he will be abstaining from this discussion and vote because he owns property in close proximity to the United Properties. commercial development. Dan Parks from Westwood Professional Services and Bruce Carlson, Vice President of Retail Development for United Properties were in .attendance at tonight's meeting to .answer any questions that the Planning Commission or public may have. Mr. Parks presented an overview of the redevelopment project. Associate Planner Ron Mullenbach presented the planning report. Mr. Mullenbach stated that United Properties is requesting a conditional use permit to allow the construction of a 3,071 square foot fast food restaurant on property located east of Kenwood Trail (CSAH 50) and south of 176th Street, zoned C-3, General Commercial District. He stated that the proposed development would facilitate the. relocation of the Planning Commission Meeting August 7, 2003 Page 7 existing Taco Bell restaurant at 17576 Kenwood Trail as part of the I-35/CSAH 50 Interchange Interim Improvements project. Mr. Mullenbach indicated that .the proposed Taco Bell/Long John Silver's site will need to be removed from the moratorium in conjunction with City Council consideration of the conditional use permit request. Mr. Mullenbach reviewed the performance standards for fast food restaurants, along with the evaluation standards for conditional use permit. requests, that .are included in the Zoning Ordinance and which are addressed in detail in the August 1, 2003 planning report. Mr. Mullenbach stated that the developer is requesting hours of operation from 10:00 a.m. to 2:00. a.m. daily. Planning Department staff is recommending approval of the additional hours of operation at night due to the facility's high intensity commercial location near the I-35/CSAH 50 interchange, that the anchor grocery tenant proposed within the United Properties commercial development is typically open 24 hours, and that the current location is open during these hours. Mr. Mullenbach indicated that building material samples have been submitted along with the. exterior elevations revisions clearly identifying the brick wainscot and EIFS around the cooler and the ship's ladder screening. • Mr. Mullenbach also discussed the developer's proposal of a total of six wall signs on three building facades, which would require a variance from. sign ordinance requirements.. Planning Department staff .does not support a variance due to the. lack of a hardship unique to the subject property. He indicated that City staff is recommending signage on two facades, which is in compliance with Sign. Ordinance requirements, Mr. Mullenbach discussed the acquisition by the City of Lakeville and Dakota County of certain properties along CSAH 50 to provide the required right-of-way for the I- 35/CSAH 50 interim interchange improvements. He explained why this project is being processed out of sequence with the rest of the commercial development in the I- 35/CSAH 50 commercial moratorium and that this request will not be considered by the City Council until property and right-of-way acquisition issues with SuperAmerica, Taco Bell, and United Properties' overall commercial site have been addressed. Mr. Mullenbach stated that should the Planning Commission recommend to the City Council approval of the Taco Bell/Long John Silver's Conditional Use Permit, Planning Department staff recommends approval subject to the stipulations listed in the August 1, 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. Planning Commission Meeting August 7, 2003. Page 8 03.88 Motion by Swecker, Second by Pattee to close the public hearing at 7:00 p.m. Ayes: Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz. Nays: 0 Chair Stolte asked if the Planning Commission would see the Taco Bell/Long John Silver's proposal in the future as part of the whole United Properties. commercial development. Mr. Mullenbach indicated that the CUP is the only planning action required to allow the construction of the restaurant. He stated that the subject property includes .two parent properties known as the Christiansen and Fritz properties. The combination and resubdivision of these properties can be done administratively. Mr. Mullenbach stated that the subject property would be platted as part of the overall United Properties commercial development. Chair Stolte asked what the procedure is to make an exception from the moratorium to allow the Taco Bell/Long john Silver's project to .proceed out of sequence. Mr. Mullenbach indicated that the City Council would take an action to remove these properties from .the moratorium upon dedication of the required. additional right-of- way adjacent to these properties. This would be done in conjunction .with the conditional use permit. Commissioner Detjen asked when the Planning Commission would see United Properties' overall commercial development plan for the I35/CSAH 50 area. Bruce Carlson from United Properties indicated that they. have a Letter of Intent for a grocery store anchor. He estimated that they would prepare a concept plan. for review and discussion with City staff within the next six weeks. Chair Stolte indicated that there is no landscaping proposed between Taco BeII and CSAH 50. Community and Economic Development Director David Olson summarized the road .improvements for CSAH 50 and indicated that the majority of the interim improvements should. be completed in 2004. Final landscaping will be part of the overall commercial development plan. 03.89. Motion by Reuvers, Second by Pattee to recommend to City Council approval of the Taco. Bell/Long john Silver's Conditional Use Permit, subject to the stipulations listed in the August 1, 2003 planning report, and approval of the Findings of Fact dated July 17, 2003. Ayes: Pattee, Swecker, Stolte, Detjen, Grenz, Reuvers. Nays: 0 Abstained: Drotning Break at 7:20 Reconvened at 7:30 i Planning Commission Meeting August 7, 2003 Page 9 • Item 10. Klamath Glen Chair Stolte opened the public hearing to consider the request of Glenn Klotz for a preliminary and. final plat of one commercial lot to be known as Klamath Glen, located at the southwest corner of Klamath Trail and Kenwood Trail (C.R. 5). City Attorney Knutson. attested that. the legal notice had been duly published in accordance .with state statutes and City Code. Steve Love from Jacobson Engineering was in attendance at tonight's .meeting. to answer any questions that the Planning Commission or public may have. Mr. Love presented an overview of the proposed project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Glenn Klotz has applied for a preliminary and final plat of one lot and one block to be known as Klamath Glen. He indicated that the purpose of the preliminary and final plat is to combine two metes and bounds described parcels in the C-3 District by removing the property line between the parcels to allow for the construction of a 4,807 square foot office building. Mr. Dempsey described the topography of the subject property. He stated that a landscape plan has been submitted that includes the planting of nine nursery grown red oak, sugar maple and red maple trees on the property. • Mr. Dem se stated that the subject ro er is located within the Shoreland Overla P Y l P P tY Y District of Kingsley Lake. He indicated that the entire. Klamath Glen development will drain west where it will discharge into a wetland, then into Orchard Lake. Mr. Dempsey stated that. the Department of Natural Resources has approved an amendment to the Shoreland Overlay District boundary map to remove the property from the Kingsley Lake Shoreland Overlay District since the drainage -will not be entering Kingsley Lake. Mr. Dempsey indicated that the building exterior design meets the requirements of the Zoning Ordinance. The building is designed to be compatible and: complimentary to the contemporary commercial buildings in the area. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Klamath Glen preliminary and final plat, Planning Department staff recommends approval subject to the 10 stipulations listed in the August 1, 2003 planning report. Chair Stolte opened the hearing to the public for comments.. Judy Schoneberger,16916 Kings Court • Ms. Schoneberger is a resident in the Rock Island Townhomes development. Her main. concern was the buffer of trees for the wildlife in the area and asked what further development could be done in the wetland area, if any. Planning Commission Meeting August 7, 2003 Page 10 • 03.90 Motion b Reuvers, Second b Drotnin to close the ublic hearin at 7:40 .m. Y Y g p g p Ayes: Swecker, Stolte, Detjen, Grenz, Drotning, Reuvers, Pattee. Nays: 0 Mr. Dempsey responded to Ms. Schoneberger's concerns. He indicated that the trees buffering the Rock Island townhouses are located on an adjacent property. and would not be removed at this time.. He indicated that the subject property has been zoned commercial since the 1970's. Any impact to the wetland located. on the adjacent property would have to meet WCA requirements at the time of development. No development is currently proposed for the adjacent property. Commissioner Reuvers stated that this office building was a great use for this corner lot. Commissioner Swecker felt that the proposed landscaping of only nine new trees seemed inadequate. Commissioner Drotning discussed the grading and elevations of the property. He supported the way the developer has .nestled the building into the grades of the property. • Commissioner Grenz asked about the trash container. Mr. Dempsey stated that an outdoor trash container is not proposed, therefore, the trash container must be stored indoors. Commissioner Drotning was concerned with the long dead end driveway and how people would be able to turn around if there were no open parking spaces.. He also would like the sidewalk extended so that pedestrians would not have to walk through the parking lot from the southernmost parking spaces. Commissioner Reuvers did not think a parking lot turnaround was necessary. The proposed parking meets Zoning Ordinance. requirements. Mr. Morey suggested the following additions to the 10 stipulations listed in the August 1, 2003 planning report: 11. Additional landscaping shall be installed at the periphery of the site in compliance with the City's Corridor and Gateway Design Study. 12. The sidewalk on the east side of the building shall be extended to the south to serve the southern most parking spaces. 13. Trash receptacles shall be stored indoors. If an outdoor trash. enclosure is proposed, it shall be screened in compliance with Zoning Ordinance requirements. .Planning Commission Meeting August 7, 2003 Page 11 03.91 Motion by Swecker, Second by Drotning to recommend to City Council approval of the Klamath Glen preliminary and final plat, located at the southwest corner of Klamath Trail and Kenwood Trail (C.R. 5), subject to the 10 stipulations listed in the August 1, 2003 planning report,,along with. the 3 additional stipulations listed above. Ayes: Stolte, Detjen, Grenz, Drotning, Reuvers, Pattee, Swecker. Nays: 0 ITEM 11. CITY OF LAKEVILLE Chair Stolte opened discussion to reconsider an ordinance amending Chapter 37 of Title 11 (the Zoning Ordinance) of the Lakeville City Code concerning Motor Vehicle Fuel Facilities. Daniel Licht presented the planning report. He stated that the staff has proposed a draft Zoning .Ordinance amendment that would allow outdoor sales at motor fuel facilities based on the direction of the Planning Commission at the July 17, 2003 work session. Mr. Licht stated that. the Planning Commission received formal suggested changes to the proposed amendment from the Minnesota Petroleum Marketers Association (MPMA) that were discussed by the Planning Commission at the July 17, 2003 work session. . Mr. Licht outlined the modifications to the. proposed amendment allowing outdoor sales at motor fuel facilities as recommended by the Planning Commission at .the July 17, 2003 work session. He listed the two major changes as follows: L The area allowed for outdoor sales is increased from five- percent of the gross floor area of the principal building. to ten percent, with no .maximum area cap. 2. The maximum height of the outdoor sales area located at the ends of the pump islands is increased from three feet to four feet. He presented virtual reality imaging photographs that portray. the storefront and canopy area for. two existing motor fuel facilities given the current Zoning Ordinance regulations {no outdoor display) and the proposed Zoning Ordinance amendment for outdoor display recommended by the Planning Commission at the July 17, 2003 work session. Mr. Licht asked if this met the Planning Commission's expectations of the issues discussed at the work session. Commissioner Swecker stated. that she was not in attendance at the July 17, 2003 work session and that she would not support the Zoning .Ordinance amendment as proposed. She does not agree with doubling the outdoor display area to 10% of the floor area of the principal structure. She indicated that 2% was her preference when this was discussed at a previous worksession. Commissioner Swecker also stated her disagreement with the increased height allowance at the end of the pump islands. She stated that she supported the original recommendation to the City Council at the June 5, 2003 Planning Commission meeting. Planning Commission Meeting. August 7, 2003 Page 12 • Commissioner Reuvers commented that he felt the discussions at the July 17, 2003 work session went well and the Planning Commission addressed the concerns of the motor fuel facility representatives. He stated he is comfortable with the amendment as proposed, Commissioner Pattee indicated .that outside display can be an eyesore, but felt it is an appropriate accessory use. He felt the amendment as proposed was a good compromise. Commissioner Detjen stated that the amendment is a compromise between City staff recommendations and motor fuel facility representatives' expectations. He indicated. that site appearance is important. He hopes the motor fuel facility operators keep their sites neat and orderly. Commissioner Grenz stated that 99% of the people would be able to see over the increased 4-foot display height allowance at the ends of the pump islands. He does not like the jump from 5% to 10% of the floor area of the principal structure. He felt this would result in too many pallets being displayed. Commissioner Drotning stated that the outdoor display .should be located between the pumps, not at the ends of the pump islands where they can interfere with traffic circulation and visibility. Aesthetics is an important factor and he hopes the motor. vehicle fuel facility operators keep that in mind when putting items outside for display. He said that the virtual reality images did not meet his expectations for the ordinance amendment and felt. that there needs to be a square footage cap on the outdoor display area. Chair Stolte commented that he didn't mind the proposed percentage .change for outdoor sales and display areas. Commissioner Puncochar commented that the motor fuel facility operators need to police themselves. As a police officer he wants to be able to see. the.. clerk inside the. store when he drives by. He felt that the height of the displays is not as important as the look of the facility. He feels that government should not have to regulate this. Mr. Morey provided outdoor display figures, in terms of the number of three foot by four foot pallets, Ghat several typical motor fuel facilities could be allowed under the previously proposed 5% and currently proposed 10% floor area. allowances. At 5%, a typical motor fuel facility could display 14-16 pallets of goods. At 10%, the number of pallets allowed increases to 29-31. Mr. Morey also stressed to the motor fuel facility representatives that if this ordinance amendment is approved by the City Council, a conditional use permit amendment . would be required for each motor fuel facility wanting outdoor sales and display. This Planning Commission Meeting August 7, 2003 Page 13 would require a public hearing held by the Planning Commission and notification of property owners within 500 feet of each facility. 03.92 Motion by Reuvers, Second by Detjen to recommend to City Council approval of an ordinance amending Chapter 37 of Title 11 (the Zoning Ordinance) of the Lakeville City Code concerning Motor Vehicle Fuel Facilities, as presented. Ayes: Detjen, Reuvers, Pattee, Stolte. Nays: Grenz, Drotning, Swecker. Reasons for nay vote are indicated in the discussion above. Item 12. New.. Business Mr. Licht_stated that the Sign Ordinance amendment approved by the City Council on March 17, 2003 inadvertently deleted provisions related to freestanding. and wall signs in commercial zoning districts. The handout provided at tonight's meeting re- establishes those provisions. He stated that a .recommendation by the Planning Commission is required to amend the Sign Ordinance and re-establish the commercial freestanding and wall sign provisions. 03.93 Motion by Drotning, Second by Swecker to recommend to City Council. approval of an ordinance amending Title 9-3, the Sign Ordinance, as presented. Ayes: Grenz, Drotning, Reuvers, Pattee, Swecker, Stolte, Detjen. Nays: 0 Mr. Morey suggested to the Planning Commission that the August 21, 2003 Planning Commission meeting could start at 5:30 p.m. The Planning Commission members concurred. Commission Grenz indicated that he would be out of town for the August 21, 2003 meeting. There being no further business, the meeting. was adjourned at 8:40 p.m. , Respectfully submitted, Penny Br ,Recording Se tart' ATTEST: Lowell Miller Stolte, Chair