HomeMy WebLinkAbout10-02-03
. CITY OF LAKEVILLE
Planning Commission Meeting Minutes
OCTOBER 2, 2003
The October 2, 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: Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz, Drotning, ex-officio
Puncochar.
Absent: None
Staff Present: Daryl Morey, Planning Director; Erin Seeman, Associate Planner;
Jay Rubash, Assistant City Engineer; Daniel Licht, Northwest Associated
Consultants (NAC); Andrea Poehler, Assistant City Attorney; and Penny Brevig
Recording Secretary.
ITEM 3: APPROVAL OF MEETING MINUTES:
The September 18, 2003 Planning Commission meeting minutes were .approved
• as presented.
The September 18, 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. A letter from Apple Valley's Community Development Director, Richard
Kelley, regarding the asphalt plant proposed in conjunction with the
Nordic Square PLTD Amendment (Agenda Item # 7).
2. Memo from Dan Licht regarding the Crossroads PUD Amendment
(Agenda .Item #8).
3. FYI handout regarding the Dakota County Transportation Plan update
open house.
ITEM 5. CONSENT AGENDA
03.108 Motion by Reuvers, Second by Swecker to recommend to City Council approval
of the October 2, 2003 Planning Commission Consent Agenda as follows:
Planning Commission Meeting
October 2, 2003
Page 2
Approve the application of L. A. Donnay for the final plat (re-plat) of one
townhouse lot to be known as Lake Place 3rd Addition.
Ayes: Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz, Drotning.
Nays: 0
Item. 6. Mark and Nancy Hansen
Chair Stolte opened the public hearing to consider the application of Mark and
Nancy Hansen for the. vacation of a boundary drainage and utility easement,
located north Of 172nd Street, south of 171St Street, east of Jackpine Trail, and west
of Isleton Avenue. Assistant. City Attorney Poehler attested that the legal notice
had been duly published in accordance with state statutes and City Code.
Mark and Nancy Hansen were in attendance at tonight's meeting to answer any
questions that the Planning Commission or public may have. Mr. Hansen
presented a brief overview of the project.
Associate Planner Erin Seeman presented the planning report. Ms. Seeman
stated that Mark and Nancy Hansen are proposing to vacate a portion of their
rear yard drainage and utility easement, which is 40 feet wide at .the west end
and 32 feet wide at the east end. She indicated that the resulting drainage and
utility easement along the rear line of the property would be an even 20 feet
wide. The. drainage and utility easements located along the side lot lines will
remain at a width of 5 feet.
Ms. Seeman stated that Mark and Nancy Hansen are proposing to construct an
in-ground swimming pool on the southeast portion of the lot over a portion of
the existing easement. She indicated that the swimming pool will be constructed
completely outside the 20 foot wide rear yard drainage and utility easement that
will remain if the easement vacation is approved. The swimming pool will be
located at least 10 feet from the side and rear property lines, and 10 feet from the
house and deck located on the property.
Ms. Seeman stated that the utility companies serving. the subject property have
been contacted and she indicated they had no objections to the proposed
easement vacation.
Ms. Seeman stated that should the Planning Commission recommend to the City
Council .approval of the drainage and utility easement vacation, Planning
Department staff recommends approval, subject to the 3 stipulations listed in the
September 26, 2003 planning report.
Planning Commission Meeting
October 2, 2003
Page 3
i
Chair Stolte opened the hearing to the public for comments.
There were no commends from the audience.
03.109 Motion by Drotning, Second by Grenz to close the public hearing at 6:05 p.m.
Ayes: Pattee, Swecker, Stolte, Detjen, Grenz, Drotning, Reuvers.
Nays:. 0
03.110 Motion by Detjen, Second by Drotning to recommend to City Council approval
of the vacation of a boundary drainage and utility easement, located north of
172nd Street, south of 171St Street, east of Jackpine Trail, and west of Isleton
Avenue, subject to the 3 .stipulations listed in the September 26, 2003 planning.
report.
Ayes: Swecker, Stolte, Detjen, Grenz, Drotning, Reuvers, Pattee.
Nays: 0
Item 7. Tradition Development, LLC and Nordic Square Limited
Chair Stolte opened the public hearing to consider the application of Tradition
Development, LLC and Nordic Square Limited for an amendment to the Nordic
Square. Planned Unit Development to allow the operation. of an asphalt
production plant, located south of 160th Street (C.R. 46) and west of the Lakeville
city boundary. Assistant City Attorney Poehler attested that the legal notice had
been duly published. in accordance with Late statutes and City Code.
Robert Wachholz from Tradition Development, Kevin McNamara from
McNamara Contracting, Inc., and Jake Enebak from Enebak Construction
Company were 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 project. Mr. Wachholz requested that the Saturday starting time
of operation be changed from 5:00 a.m. to 7:00 a.m. to coincide with the. Nordic
Square (Aggregate Industries) gravel mining permit.
Daniel Licht from NAC presented the planning report. Mr. Licht ,stated that
Tradition Development, Inc. is requesting an asphalt plant at the Nordic Square
gravel. mine area. The proposed asphalt plant site is at the southeast corner of
the Nordic Square site, approximately one-quarter mile south of CSAH 46.
Mr. Licht stated .that the asphalt plant would be owned and operated by
McNamara Contracting, Inc., which operates an existing asphalt plant north of
Nordic Square in the City of Apple Valley. He indicated that the existing asphalt
Planning Commission Meeting
October 2, 2003
Page 4
plant is to be closed and replaced with a new plant that incorporates current
technologies to reduce compatibility.. issues. The location of the new asphalt
plant would consolidate McNamara's operations with ongoing gravel mining,
processing and cement operations by Aggregate Industries, Inc. on the Nordic
Square site.
Mr. Licht stated that the existing operations at Nordic Square are governed by an
existing PLTD Agreement. The proposed establishment of a new asphalt plant
within Nordic Square will require an amendment to the approved PUD.
Mr. Licht indicated that the operator anticipates production at the asphalt plant
seasonally, generally from May until November depending on weather
conditions. He stated that the proposed daily hours of operation are 6:00 a.m. to
8:00 p.m. Monday through. Friday, 6:00 a.m. to 4:00 p.m. on Saturday, and no
operation of the asphalt plant on Sundays. Mr. Licht indicated that staff had
stipulated 8:00 a.m. for a Saturday start time,. but .are comfortable with the 7:00
a.m. start time requested by Mr. Wachholtz consistent with the hours of
operation listed in the existing gravel mining permit.
Mr. Licht stated that the .proposed asphalt plant is to be accessed via a paved
. driveway extended south from CSAH 46 in alignmentwith Diamond Path north
of the roadway. He indicated that Dakota County has approved an access permit
for the asphalt plant at this location, subject to construction of turn lanes on
CSAH 46. Mr. Licht stated that the submitted plans must be revised to show -the
required improvements to CSAH 46 and are subject to review and approval of
the City Engineer and Dakota County.
Mr. Licht statedthat operation of the asphalt .plant would be subject to annual
review as part of re-issuance of .the gravel mining. permit for Aggregate
Industries. to operate at Nordic Square. He indicated that implementation of the
Nordic Square restoration plan will facilitate removal of the asphalt plant.
According to the applicant, removal of the asphalt plant will be no later than
December 31, 2008. The date for closure and removal of the asphalt plant
corresponds to the applicant's planned end date for all mining related activities
within the Nordic Square and adjacent Brandtjen properties.
Mr. Licht stated that staff is recommending the applicant submit a $70,000 letter
of credit to guarantee installation of the required improvements and removal of
the asphalt plant by December 31, 2008.
Mr. Licht stated .that .should the Planning Commission recommend to the City
Council approval of the amendment to the Nordic Square ..Planned Unit
Development, Planning Department staff recommends approval subject to the 10
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October 2, 2003
Page 5
stipulations listed in the September 26, 2003 planning report, along with the
amended opening time of the asphalt plant on Saturdays to 7:00 a.m.
Chair Stolte opened the hearing to the public for comments.
There were no comments from the audience.
03.111 Motion by Swecker, Second by Reuvers to close the public hearing at 6:13 pm.
Ayes: Stolte, Detjen, Grenz, Drotning, Reuvers, Pattee, Swecker.
Nays: 0
Mr. Morey explained the annual review and approval process of mining
operations, which Chair Stolte requested from. staff.
Chair Stolte asked the applicant if they agreed with the 'requirement for the
$70,000 letter of credit. Mr. Wachholz stated their agreement with this
requirement. ,
Chair Stolte stated that he felt the paving of the access driveway from CSAH 46
to the location of the asphalt plant was very important, but also confirmed with
Mr. Wachholtz that the road would be kept clean. Mr. Wachholz indicated that a
• watering truck and sweeper would be used. to keep this access road clean.
The 7:00 a.m. starting time on Saturdays was agreed. to by the Planning
Commission.
Commissioner Grenz asked about the closing of the Apple Valley facility. Mr.
Waccholz confirmed that the asphalt plant in Apple Valley will close, but that
gravel mining will continue to 2008 or 2010, when the entire facility in 'Apple
Valley will close.
Commissioner Swecker indicated that the planning report states that there will
be about 200 trips a day in and out of the proposed. facility and asked about the
destination of the trucks. Mr. Enebak stated that the trucks would use CSAH 46
to Pilot Knob Road or Highway 3 and travel mostly. to southern. metro area
locations. in Dakota County.
03.112. Motion by Drotning, Second by Pattee to recommend to City Council approval
of an amendment to the Nordic Square Planned Unit Development to allow the
operation of an asphalt production plant, located south of 160 Street (C.R. 46)
and west of the Lakeville city boundary, subject to the 10 stipulations listed in
the September 26, 2003, as amended.
Planning Commission Meeting
October 2, 2003
Page 6
Ayes: Detjen, Grenz, Drotning, Reuvers, Pattee, Swecker, Stolte.
Nays: 0
Item 8. H.J. Development LLP '
Chair Stolte opened the public hearing to consider the application of H.J.
Development LLP for an amendment to the .development stage plan of the
commercial portion of the Crossroads Planned Unit Development, located east of
Cedar Avenue (C.R. 23), south of Dodd Boulevard (C.R. 9), and north of 179
Street. Assistant City Attorney Poehler attested that the legal notice had. been
duly published in accordance with state statutes and City Code.
John Pope from Pope Architects and Gary Janisch, owner of the proposed
property were in attendance at tonight's. meeting to answer any .questions-that
the Planning Commission or public may have. Mr. Pope presented a brief
overview of the project. He displayed the revised plans .showing the .revised
uses on Lots 5 and 6 and minor modifications to the building pad and parking
area on Lot 2.
Daniel Licht from NAC presented the planning report. Mr. Licht stated that the
developer has submitted plans for the development of Lot 6, Block 1, Crossroads
• 1St Addition.
Mr. Licht stated. that the changes that have evolved with this: development
require a re-examination of parking and site circulation. Mr. Licht discussed the
proposed changes and the revised parking calculations. He indicated that the
wording of the original Crossroads PUD Agreement is proposed to be modified
with respect to restaurant and retail uses in the Crossroads development.
Mr. Licht indicated that the proposed changes to the development for Lots 5 and
6, Block 1 eliminates the segregation of the two parking areas and allows for
cross access between the lots. He stated that the common lot line between these
two parcels bisects several individual parking stalls. The developer has agreed
to combine Lots 5 -and 6, Block 1 as a zoning lot with two principal buildings. As
discussed in the September 30, 2003 revised planning report, the supply of
..parking stalls for the overall project based on the revised development plans for
Lots 1-8 has been increased from the 20 surplus stalls outlined in the September
23, 2003 planning report to 35 surplus stalls.
Mr. Licht stated that a revised landscape plan for Lot 6, Block 1 and a revised
overall site plan has been submitted to address stipulation numbers 4 and 7 as
.listed in the September 23, 2003 planning report.
Planning Commission Meeting
October 2, 2003
Page ?
• Mr. Licht indicated that a photometric plan has been submitted that illustrates
light in excess of 1.0 foot-candle beyond the property line at several locations.
He stated that staff will continued to work with the developer to revise the
lighting plan to comply with Zoning Ordinance requirements.
Mr. Licht stated that should the Planning Commission recommend to the City
Council approval of an amendment to the development stage plan of the
commercial portion of the .Crossroads Planned Unit Development, Planning
Department staff recommends approval subject to the 9 stipulations listed in the
September 23, 2003 planning report and approval of the Findings of Fact, dated
October 2, 2003.
Chair Stolte opened the hearing to the public for comments.
There were no comments~om the audience.
03.113 Motion by Swecker, Second by Drotning to close the public hearing at 6:30 p.m.
Ayes: Grenz, Drotning, Reuvers, Pattee, Swecker, Stolte, Detjen.
Nays: 0
. Chair Stolte was concerned with the parking layout and whether customers
would potentially walk across the main drive. serving Block 1 if the parking
spaces adjacent to Lots 5 and 6 were full. Mr. Licht explained that there is a
surplus of parking adjacent to Lot 7. He indicated that there will be some
customers who will. utilize more than one of the businesses in the Crossroads
development, thus lowering the overall parking demand. Crosswalks could be
installed, if warranted, to allow a safe crossing of the main drive.
The Planning Commission discussed Stipulation No. 2 regarding access to Lot 2.
The Planning Commission agreed to leave Stipulation No. 2 as stated, which
requires the City Engineer to approve the restricted access .design for the
southerly access to Lot 2.
03.114 Motion by Drotning, Second by Swecker to recommend to City Council
approval of an amendment to the development stage plan of the commercial
portion of the Crossroads Planned Unit Development, subject to the 9
stipulations listed in the September 23, 2003 planning report, and approval of the
Findings. of .Fact, dated October 2, 2003.
Ayes: Drotning, Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz.
Nays: 0
Planning Commission Meeting
October 2, 2003
Page 8
Gary Janisch, owner of the .above subject property introduced himself to the
Planning Commission and stated that he was looking forward to working with
.the City of Lakeville.
Item 9. New Business
Mr. Morey stated that, as directed by the Planning Commission at the September
18, 2003 Planning Commission meeting, staff has provided copies. of the revised
.site plans for the Crossroads Church project, which now proposes a second
driveway access onto 175 Street with a 30 foot drive and turning radius. < He
.indicated that- this driveway access aligns with the driveway access on the. north
side of 175 Street identified on the approved Crossroads PUD plans. He
indicated that the parking spaces shown on the plans reviewed at the September
18~ meeting that conflicted with the traffic circulation at the driveway entrances
off of 175 :Street and Glacier Way have been eliminated. The Planning
Commission agreed that the revised. site plan achieved their previously stated
goals.
There being no further business, the meeting was adjourned at 6:50 p.m.
.Respectfully submitted,
.Penny ig, Recording. S retary
ATTEST:
owe11 Miller Stolte, Chair