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HomeMy WebLinkAbout07-18-02 CITY OF LAKEVILLE Planning Commission Meeting Minutes JULY Zs, zooz The July 18, 2002 Planning Commission meeting was called to order by Chair Wulff in the School Board Meeting Room, ISD 194 Office, 8670 - 210 Street, at 6:00 p.m. Flag pledge and roll call of members: Present: Stolte, Swecker, Michaud, Wulff, Detjen, Grenz, Drotning, ex-officio Puncochar. Absent: None Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner, Ron Mullenbach, Associate Planner; Leif Hanson, Zoning Enforcement Coordinator; jay Rubash, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3: APPROVAL OF MEETING MINUTES: Commissioner Drotning requested the .following addition to the Planning Commission discussion under Item 8 regarding Lake Marion Collision in the June 20, 2002 Planning Commission meeting minutes: • "Commissioner Drotnin indicated that he has an automotive business in g Lakeville and he stated that he has no conflict and no financial interest in this project." Chair Wulff recommended the following change to Paragraph 1 on page 11 be made to the June 20, 2002 Planning Commission meeting minutes: "The Planning Commission agreed that the applicant ~i~~s--a~equa~e s~~ee#-age-meets the minimum Zoning Ordinance requirements for his expansion." The June 20, 2002 Planning Commission meeting minutes were approved as amended. ITEM 4: ANNOUNCEMENTS: Mr. Morey stated that because the Planning Commission meeting was being held at the .ISD 194 School District office tonight, the meeting was being taped and was not live, .but will be replayed at various times on cable Channel 16. He stated the following items were distributed to the hlanning Commission members and staff S before tonight's meeting. Planning Commission Meeting July 18, 2002 Page 2 1. July 17, 2002 Parks, Recreation & Natural Resources Committee meeting motions "regarding the Greenway 2nd Addition final plat, Jeff Belzer Conditional Use Permit and Oak Heights preliminary and final plat. 2. Memo from Associate Planner Frank Dempsey, dated January 17, 2002 regarding plan options related to the Oak Heights preliminary and final plat. ITEM 5: CONSENT AGENDA 02.78 Motion by Drotning, Second by Detjen to recommend to City Council approval of the July 18, 2002 Planning Commission Consent Agenda as follows:.. Approve the application of Lundgren Brothers Construction, Inc. for a final plat of 651ots, to be known as Greenway 2nd Addition, located west of Ipava Avenue, north of 192nd Street, south of 190 Street and east of Kenwood Trail (C.R. 50). Ayes: Stolte, Swecker, Wulff, Michaud, Detjen, Grenz, Drotning. Nays: 0 . ITEM 6: DENISE. MODARES Chair Wulff opened the Public hearing to consider .the application of Denise Modares for a Special Home Occupation Permit to allow the operation of a hair salon in asingle-family residence, located at 9286 178 Street West. Planning Director Daryl Morey attested that the legal notice had been duly published in accordance with state statutes and'City Code. Denise Modares was in attendance attonight's meeting to answer any questions the Planning Commission or public may have. Zoning Enforcement Coordinator Leif Hanson presented the planning report. Mr. Hanson stated that Ms. Modares submitted an application for a special .home occupation permit for the purpose of operating a hair salon in asingle-family residence, located at 9286178 Street West. The property is owned by Marbert and Judith Heintz, who are the parents of Ms. Modares. Mr. Hanson stated that there are 10 general provisions in Section 11-32-7A of the Zoning Ordinance, which all permitted and special home. occupations must conform. He indicated that the 10 provisions are all being met by Ms. Modares.. • Mr. Hanson stated that the proposed hair salon will be operated from an existing finished room located on the lower level of the home. The proposed plans indicate ' Planning Commission Meeting July 18, 2002 Page 3 • that a styling chair, counter space and anail/manicure station consisting of a portable table and chairs will be located in the room to accommodate the hair salon. He indicated that the proposed hair salon will not require external alterations and there will not be any outdoor signage. Mr. Hanson stated that parking is available in the driveway of the single family home. Mr. Hanson stated that should the Planning Commission recommend to City Council approval of the Modares Special Home Occupation permit, .Planning Department staff recommends approval subject to the 10 stipulations listed in the,. July 12, 2002 planning report and the Findings of Fact dated July 18, 2002. Chair Wulff opened the hearing to the public for comments. There were no comments from the audience. 02.79 Motion by Michaud, Second by Detjen to close the public hearing at 6:15 p.m. Ayes: Swecker, Wulff, Michaud, Detjen, Grenz, Drotning, Stolte. Nays: 0 • 02.80 Motion by Stolte, Second by Swecker to recommend to the City Council approval of Denise Modares' Special Home Occupation Permit to allow. the operation of a hair salon in asingle-family residence, located at 9286 178 Street West,. subject to the 10 stipulations in the July 12, 2002 planning report and approval of the Findings of Fact dated July 18, 2002. Ayes: Wulff, Michaud, Detjen, Grenz, Drotning, Stolte, Swecker Nays: 0 ITEM 7. JEFF BELZER Chair Wulff opened the public hearing to consider the application of Jeff Belzer for a Conditional Use Permit Amendment, located at 21111 Cedar Avenue, to allow: A. Expansion to an existing motor vehicle. sales use, including accessory major automobile repair, involving open and outdoor sales and display areas larger than thirty percent (30%) of the area of the principal building in the C-2, Highway Oriented Commercial District. B. Impervious surface coverage greater than twenty-five percent (25%) in the S, Shoreland Overlay District. • Planning Director .Daryl Morey attested that the legal notice had been duly published in accordance with state statutes and City Code. Planning Commission Meeting July Zs, 2002 Page 4 Jeff Belzer, owner of Belzer's; project architect, David Phillips of Phillips Architects & Contractors; and Grant Jacobson from Jacobson Engineers and Surveyors, were in .attendance at tonight's meeting to answer any questions the Planning. Commission or public may have. Mr. Phillips. provided an overview of the proposed conditional use permit amendment. Mr. Phillips then identified items of concern within the planning and engineering reports: 1. Wanted to clarify that the entire site will not have perimeter concrete curb and gutter and that sheet drainage was approved by City staff in some areas adjacent to the infiltration swale. 2. Questioned the prohibited outside storage of damaged vehicles being repaired. 3. Requested the hours of operation to be changed to start at 6:00 a.m. on Saturdays instead of 7:00 a.m. 4. Indicated that the applicant would like to add a monument sign to direct customers to the service area and a Kia sign for the new dealership. 5. Would prefer to use a maintenance agreement .instead of granting a public drainage .and utility easement over the stormwater treatment/infiltration basin. The concern is that they would not be willing to accept water from. other sites. 6. Their preference would be to leave the existing southern parcel as a separate lot rather than have the entire developed area on a single parcel. 7. Requested that credits due to the developer for constructing the existing stormwater pond south of the developed area be applied to the outstanding assessments on the westerly undeveloped parcel If this cannot be done, they would like the outstanding. assessments re-assessed to the westerly undeveloped parcel instead of paying them off at this time. Associate Planner Ron Mullenbach presented the planning report. Mr. Mullenbach stated that Jeff Belzer is requesting a conditional use permit amendment to allow an approximately 67,000 square foot addition to his existing approximately .36,000 square foot auto dealership, located at 21111 Cedar Avenue. He indicated that the project includes three existing metes and bounds parcels, which are proposed to be combined and administratively subdivided into a total of two parcels. Mr. Mullenbach reviewed the background of the Belzer's auto dealership, which included an expansion in 1991. The expansion in 1991, which was proposed to • include up to three. interrelated individual dealership buildings, and was processed. as a planned unit development/conditional use permit (PUD/CUP). Mr. Planning Commission Meeting July 18, 2002 .Page 5 Mullenbach indicated that the PUD/CUP was required to allow the construction of two separate auto dealership buildings on a single parcel Mr. Mullenbach stated that the current request includes three metes and bounds parcels currently owned by Jeff Belzer. Mr. Belzer is proposing to combine 'his three lots and subdivide them into two new parcels. An administrative subdivision is not required because the resulting commercial lots are larger than five acres in size. He indicated that the CUP amendment request also includes impervious surface coverage greater than 25%-over the portion of Mr. Belzer's property within the Shoreland Overlay District. Mr. Mullenbach reviewed the specific performance standards for motor vehicle sales with major automobile repair uses by conditional use permit in the C-2, Highway-Oriented Commercial District, and the general performance standards for all proposed conditional use permit requests, which are listed in his July 12, 2002 planning report. Mr. Mullenbach stated that a portion of the subject properties lie within the Shoreland Overlay District for South. Creek, which is a DNR-designated trout stream. He indicated that the applicant is proposing an infiltration pond/bio- retention basin along the southerly portion of the two parcels. to treat stormwater runoff from the existing. and proposed site improvements on Parcel B and the future site improvements on Parcel A. The pond and swale areas on both Parcel A and Parcel B represent approximately 50'% of the lot remaining as an impervious surface. Mr. Mullenbach indicated that he would like to address the issues that Mr. Phillips mentioned earlier tonight. 1. Perimeter concrete curb and ug tter Mr. Mullenbach indicated that the perimeter curbing is a requirement for all automobile sales uses, but that Engineering Department staff recommends approval of the proposed grading plan, which includes some areas of sheet drainage into an infiltration swale. 2. Outside storage of damaged vehicles Mr. Mullenbach indicated that this Zoning Ordinance requirement is • intended to prevent the long term storage of damaged vehicles on property and that the City has never taken enforcement action against short-term storage of damaged vehicles awaiting repair. Planning. Commission Meeting July 18, 2002 Page 6 i 3. Hours of operation Mr. Mullenbach indicated that the additional hour of operation on Saturday morning is acceptable based on the surrounding industrial and commercial uses. 4. Additional Signage Mr. Mullenbach outlined his planningreport regarding free- standing signs. Belzer's is proposing to install a fifth sign, which would be a directional sign.. -The KIA sign would be the sixth sign. Mr. Mullenbach indicated that this can be commented on at tonight's meeting, but would require a variance and a new public hearing to add the additional KIA sign not included with the approved 1991 PUD/CUP. 5. Pending maintenance agreement Mr. Mullenbach stated that the public drainage and utility easements are City policy. Should the applicant wish an alternative to granting an easement, the pond area can be deeded. to the City of Lakeville. 6. Lot Combination Mr. Mullenbach indicated that. the developed area should be entirely within one parcel' as the Zoning Ordinance does" not permit a parcel to have an accessory use, automobile display stalls in this case, without a principle use. He indicated that this site has been designed, developed and used as one integrated site. He recommended that the combination of parcels to facilitate the use on a single parcel be added as a condition of approval. 7. Stormwater Pond Credits/Assessments Mr. Mullenbach stated that the 1991'PUD/CUP agreement clearly states that the credits will be provided when the property is platted and the storm sewer area charge. is .paid for. the two existing developed parcels. Since the applicant is not platting the two existing developed parcels and they have not previously paid the storm .sewer area charge, the credits cannot. be provided at this time. Mr. Mullenbach added that shortly before tonight's meeting the Lakeville Police Department gave him their recommendations for Belzer's. They recommended improved security and better lighting around certain entranceways and clear traffic Planning Commission Meeting July 18, 2002 Page 7 • markings. Mr. Mullenbach provided the recommendations to the applicant at this time. Mr. Mullenbach stated that should the Planning Commission recommend to City Council approval of the Jeff Belzer Conditional Use Permit Amendment, Planning Department staff recommends the 15 stipulations listed in the July 12, 2002 planning report, along with an amendment to the hours of operation as requested and an additional stipulation requiring the combination of parcels as discussed, and approval of the Findings of Fact, dated July 18, 2002. Chair. Wulff "opened..the hearing to the public for comment. There were no comments from the audience. 02.81 Motion by Detjen, Second by Swecker to close the public hearing at 6:50 p.m. Ayes: Michaud, Detjen, Grenz, Drotning, Stolte, Swecker, Wulff. Nays: 0 Commissioner Detjen :asked if the recommendation to combine the two. lots eliminates the possibly of two structures. Mr. Mullenbach stated that the 1991 Conditional Use Permit allowed them two principal structures on that parcel. He indicated that if they constructed another building, they would .have. to come in with a site plan and meet the Zoning Ordinance requirements, building setbacks and provide the appropriate number of parking spaces. Mr. Phillips stated that Chrysler will not allow their dealership on the. same lot with another dealership. He has no other lot to offer Chrysler. Mr. Belzer needs to keep that option open. Mr. Mullenbach stated that the City would be willing to work with Mr. Belzer. in the future to administratively subdivide the property based on a site plan for a Chrysler dealership, at the time a Chrysler dealership is proposed. Assistant. City Engineer Jay Rubash added that the existing utilities are private. If another building were built, new public utilities may have to be; installed. Mr. Phillips stated .that he feels the City inspected both the sanitary sewer and water improvements when they were constructed. Chair Wulff commented that City policy is one .use, one lot. Mr. Morey indicated that the approval of the 1991 PUD/CUP was for two separate • principal buildings on a single parcel. The intention was for the new Dodge dealership and the location of a future dealership. Planning Commission Meeting July 1$, 2002 Page 8 • Commissioner Drotning asked where snow will be stored. Mr. Rubash indicated that ponds will be constructed as infiltration ponds, which are mutli-cell systems. There. are two end basins for snow storage. The depth would be approximately 6 feet within a drainage and utility easement. Commissioner Grenz confirmed with Grant Jacobson that 100% of the drainage from the. current. asphalt will be going through the infiltration ponds before :it discharges into the creek. Commissioner Detjen confirmed that the ponds will handle stormwater runoff if the Chrysler dealership building is constructed. Commissioner Drotning asked who would maintain the ponds. Mr. Phillips stated that Belzer's is not asking the City to maintain their ponds. They want to provide a maintenance agreement, which would state that the maintenance of the ponds would be at Belzer's expense. Commissioner Michaud asked about the signage issue, and adding one more sign.'. • Mr. Phillips indicated that they will omit the monument sign if they have to. They must have the KIA sign because it's a franchise requirement. Mr. Mullenbach added that the fifth freestanding sign approved with the 1991 PUD/CUP allowed a sign area of 36 square feet and that the Kia sign would have to conform. to that size. Break at 7:35 p.m. Reconvened at 7:45 p.m. Commissioner Drotning stated that this request has no relation to the 1991 request. He feels we need to follow the current Zoning Ordinance requirements. Mr. Phillips stated that Mr. Belzer has agreed to combine the .parcels as recommended by staff. Mr. Phillips questioned the prohibition on outdoor storage of damaged vehicles. He indicated Belzer's and every automobile repair shop in Lakeville has vehicles outside waiting for parts and/or to repair and they do not want to be in violation of the Zoning Ordinance. Commissioner Stolte stated that he sees no problem with the temporary. storage of • vehicles awaiting parts and repair. Planning Commission Meeting July 18, .2002 Page 9 • Mr. Phillips stated that the outside storage statement does not need. to be in the Belzer's CUP amendment if it is a Zoning Ordinance requirement. Mr. Morey indicated that stipulation j. of the July 12, 2002 planning report could be revised to state that "outside storage shall comply with Zoning Ordinance requirements". Mr. Phillips stated that generally this language would be acceptable. Mr. Phillips reiterated that his client does not want to provide a public drainage and utility easement over the pond. He would rather provide a maintenance agreement to maintain the pond and does not want water from other sites to enter the pond that they are constructing. Chair Wulff indicated that the Shoreland Overlay District section of the Zoning Ordinance states that parking areas have to be screened from the stream. The planning report indicates that the current display area is adequately screened from the trout stream. Chair Wulff feels the landscaping should continue along the southerly lot line all the way to Cedar Avenue. Chair Wulff also wanted to know if the office workers would communicate with the sales staff outdoors by using loud speakers. Mr. Belzer indicated that they currently use cell phones. Commissioner Drotning asked the project engineer to show the turning radius for semi-trailers accessing the loading dock. Mr. Jacobson provided a drawing with turning radii depicting adequate room for turning movements. Mr. Morey recommended the following modifications and additions to the 15 stipulations listed in the July 12, 2002 Planning Report: f. Modify the start time on Saturday to read 6:00 a.m. j. All outside storage shall comply with Zoning Ordinance requirements. p. The recommendations of the Lakeville Police Department regarding security issues. q. The combination of parcels so that the existing and proposed building • and parking improvements are located on one lot. Planning Commission Meeting July 1s, 2002 Page 10 r. The landscaping plan shall be revised to extend landscaping adjacent to the south side of the parking lot. east to Cedar Avenue, consistent with Zoning Ordinance requirements. s. Outstanding assessments for storm sewer area charges be reassessed to the. undeveloped property subject to an assessment agreement signed by the. property owner. 02.82 Motion by Drotning, Second by Detjen to recommend to City Council approval of the Jeff Belzer Conditional Use .Permit Amendment to allow expansion to an existing motor vehicles sales use involving open and outdoor sales and display areas larger than thirty percent of the area of the principal building, including accessory major .automobile repair, in the C-2, Highway-Oriented Commercial District and impervious surface coverage in excess of twenty-five .percent in the S, Shoreland Overlay District, located at 21111 Cedar Avenue, subject to the 15 stipulations listed in the July 12, 2002 planning report, as amended, and the addition. of the 4 stipulations listed above, and approval of the Findings of Fact dated July 18, 2002. S Ayes: Detjen, Grenz, Drotning, Stolte, Swecker, Wulff, Michaud. Nays: 0 Break at 8:35 p.m. Reconvened at 8:45 p.m. ITEM 8: OAK HEIGHTS Chair Wulff opened the public hearing to consider the application of Lundeen and Kathy Bengston for the preliminary and final plat of 6single-family residential lots to be known as Oak Heights, and a variance for cul-de-sac street length. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with state statutes and City Code. Lundeen and Kathy Bengston were in attendance at the meeting to answer any questions the Planning Commission or public may have. Mr. Bengston provided an overview of the project. + Associate Planner Frank Dempsey. presented the planning report. Mr. Dempsey stated that the proposed 176 Street cul-de-sac exceeds the .maximum allowable . length for a cul-de-sac street of 600 feet. He indicated that the proposed cul-de-sac will be 642 feet in length. After detailed analysis of the property and the RS-2 zoned properties to the west, Mr. Dempsey indicated that it is not feasible to Planning Commission Meeting July 18, 2002 Page 11 • construct 176 Street to the west of the Oak Heights preliminary and final plat given existing wetlands and steep slopes. Planning Department and Engineering Department staff supports the variance for cul-de-sac length due to the wetland and topographical features of the property. Mr. Dempsey stated that the 6 lots meet lot area, lot width and setback requirements in the RS-2, Single .Family Residential District. Lots 5 and 6 have slopes steeper than 3:1 that are not counted in the lot area. He indicated that there are no corner lots or buffer yard requirements in the Oak Heights preliminary and final plat. Mr. Dempsey indicated that there are 2 outlots proposed in the Oak .Heights preliminary and final plat totaling 133,305 square feet (3.Ob acres). Outlot A includes wetland, wetland mitigation and storm water ponding areas. Outlot B includes a wetland area. Outlots A and B will be deeded by the developer to the City with the final plat. Mr. Dempsey stated that there are two existing entrance monument signs located on either side of the extension of 176 .Street with. signs that were installed by the S developer without obtaining. a permit from the City. He indicated than. the developer must remove the monument signs prior to City Council .consideration of the preliminary and final plat or submit a financial escrow in the sum of $5,000.00 prior to City Council consideration of the preliminary and final plat to guarantee removal of the monument signs. Mr. Dempsey indicated that there are three permanent private easements identified on the preliminary. plat. One is a 75 foot wide easement in favor of Northern States Power (a.k.a. Excel Energy), which includes an overhead electric transmission line. The other two are overlapping easements in favor of Northwestern Bell (a.k.a. USWest, a.k.a. Qwest) that are not being utilized by the telephone company. He indicated. that the developer has submitted a signed release of easement letter from Qwest for the telephone. easements. Standard boundary drainage .and utility easements. are shown on the final plat. Mr. Dempsey stated that the proposed Oak Heights preliminary .and final plat is .located in an area that has 648 significant trees. .The plan proposes to save 479 . significant trees. He indicated that a tree preservation plan and a tree inventory were submitted by the developer.. The developer will be required to provide an $11,000 security with the Oak Heights preliminary and final plat for the 6 lots and 2 • outlots with significant trees designated to be saved. Planning Commission Meeting July 18, 2002 Page 12 Mr. Dempsey stated that portions of four wetlands lie within the preliminary and final plat boundaries. One very small wetland will be filled to accommodate the extension of 176th Street. The saved wetlands and wetland buffer areas are included within Outlots A and B, which will be deeded by the developer to the City with the final plat. Mr. Dempsey indicated that Staff and the Parks, Recreation and Natural Resources Committee are recommending a cash contribution in the amount of $9,510.00 to satisfy the park dedication requirement for this. plat. Mr. Dempsey stated that on February 22, 2001 the developer hosted a neighborhood meeting at Christina Huddleston Elementary School. Approximately 25 residents were in attendance. They were shown two options for the proposed development; one option identifying 17611' Street as a cul-de=sac and one option identifying 176th Street stubbed to the west plat line for possible future extension. The residents in attendance .stated their preference for the. cul-de-sac design.. option.. Grading,. tree removal and .preservation .and storm water design were the main issues raised at the neighborhood meeting. Mr. Dempsey stated that should the Planning Commission recommend. to City Council approval of the Oak,Heights preliminary and final plat, and a variance for. cul-de-sac street length, Planning Department staff recommends the 8 stipulations listed in the July 12, .2002 planning. report, and approval of the Findings of Fact dated July 18, 2002. Chair Wulff opened the hearing to the public for comment. Mary Carroll -10260176th Street Conceptually the plan looks fine to her. Her specific concerns were: Construction vehicle parking ? No removal of trees on her property ? Wanted to confirm with developer that there is no disagreement with surveys and property monuments Mr. Rubash stated that the developer has to tie into the existing sanitary sewer .manhole located in 176th Street east of the proposed plat. The sanitary sewer line from the existing manhole west to the Oak Heights .plat has to be reconstructed to serve the proposed development. Mr. Rubash stated that the developer has to maintain sanitary sewer and water service to the existing single family homes fronting 176th. He indicated that the developer is responsible to restore all disturbed areas located within the 176th Street right-of-way and drainage and utility Planning Commission Meeting July 18, 2002 Page 13 easement. This will include. the reconstruction of 5 driveways, approximately 14 feet back from the curb, by the developer. The street will be reconstructed at the existing elevation. Keith Crosby, 10255176th Street .His specific concerns were: ? He was planning to repair his whole driveway. He will work with the developer.. to repave his driveway simultaneously with the street improvements ? Assessments.- confirmed no assessment to homeowners for the work being done by the developer Brandon Anderson, from John Oliver & Associates indicated that they .anticipate being done with: sewer/water, street and driveways by the end of September.. The Commissioners and Staff encouraged the developer and his engineer to have frequent meetings with the affected. neighbors and have individual.. phone numbers to keep in touch. with the neighbors so they know exactly what will be happening any particular day. The Planning :.Commission recommended that the developer and his engineer develop a time frame .for completion of the 176t~ Street roadway and utility improvements. Mr. Morey stated that after a project is approved by City Council, a pre- construction .meeting is held with Engineering Department staff to discuss the construction timing and logistics. Commissioner Drotning stated that the developer should consider each neighbor as a customer. Glen Orcutt, 10190176th Street Supports the cul-de-sac design. His concerns were: ? Where the construction vehicles will be parking and their access routes ? Asked the developer to be sensitive to trees/grass, etc. If a-mature tree located in the boulevard is destroyed, who is responsible for its replacement? Marlys Ahlberg, 17721 Jamaica Circle • Concerned about the sanitary sewer capacity. Planning Commission Meeting July 18, 2002 Page 14 02.83 Motion by Michaud, Second by Drotning to close the public hearing at 9:45 p.m. Ayes: Grenz, Drotning, Stolte, Swecker, Wulff, Michaud, Detjen. Nays: 0 The developer questioned why he needs to remove his 2 existing monument signs. He feels his monument signs look much better than a temporary sign and doesn't agree with the $5,000.00 security for removal of the sign. Mr. Morey stated that the existing monument signs are located within. the proposed right-of-way. A permanent subdivision identification sign is not allowed for this plat .because it is not located adjacent to a major collector or arterial street. Mr. Morey indicated that a monument sign on a masonry base is more difficult to remove than a wood sign on wood posts, thus the staff recommendation for the escrow to guarantee its removal. Mr. Bengston insisted that the monument signs. would only be temporary and would cost considerably less than the $5,000.00 recommended by staff to remove. Mr. Morey indicated that the developer can provide an invoice from a contractor for removal of the. two monument signs for staff consideration in terms of adjusting the required security, which can be in the form of a letter of credit. Commissioner Grenz wanted to be sure that Ms. Carroll and the developer's surveyor agree on their shared property line. He .suggested they meet on site to review survey stakes and monumentation. Commissioner Drotning questioned whether the City could require the developer to replace any damaged trees on the. boulevards with 2 lh inch caliper trees.. Mr. Morey stated that could be added as a stipulation but recommended that any replaced trees be planted outside the right-of-way in compliance with Zoning Ordinance requirements. Commissioner Puncochar stated. that the parking of construction vehicles blocking existing driveways is illegal. He recommended the developer communicate with the affected neighbors regarding the construction activities. Commissioner Swecker asked if the construction vehicles could park exclusively on the site.. Staff .indicated that it's not realistic to have all vehicles parked completely on site: due to the construction activities that occur. The employee vehicles can park on the adjacent streets. i Planning Commission Meeting July i8, 2002 Page 15 • Commissioner Drotning suggested waiting as long as possible before the second lift of asphalt is placed on 176 Street. Mr. Morey stated that the development contract requires the wear course be installed after one freeze-thaw cycle. Mr. Morey recommended the following additions to the 8 stipulations listed in the July 12, 2002 Planning Report: 9. The developer shall submit a plan to minimize disturbance to the existing homes served by city sanitary sewer and water. The plan, which shall include project management and communication with impacted adjacent property owners, shall be subject to the review and approval of the City Engineer. The developer shall comply with the approved plan. 10. New concrete. curb ..and .gutter shall be installed by the developer from the sanitary sewer connection point in 176 Street through. the plat consistent with City design standards. 11. The developer .shall replace any existing trees damaged or removed. adjacent to the existing single family lots with a similar species, at least a 2 lh inches in diameter outside the street right-of-way. 02.84 Motion by Michaud,. Second by Detjen to recommend to City Council approval of the Oak.Heights preliminary and final plat and cul-de-sac length variance, subject to the 8 stipulations listed in the July 12, 2002 Planning Report, along with the additional 3 stipulations listed above, and approval of the Findings of Fact dated July 18, 2002. Ayes: Drotning, Stolte, Swecker, Wulff, Michaud, Detjen, Grenz. Nays: 0 ITEM 9: CITY OF LAKEVILLE Chair Wulff opened the public hearing to consider an ordinance amending Title 11 of the Lakeville City Code (the Zoning Ordinance) concerning pawnshops in the C- CBD, Central .Business District Area -..Commercial District. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with state statutes and City Code. Planning Director Daryl Morey summarized the July 10, 2002 Northwest • Associated Consultants (NAC) memo which outlines issues uniquely associated with pawnshops and mechanisms available to regulate them which are available to the City. City staff NAC to review the current Lakeville Zoning Ordinance related Planning Commission Meeting July 1s, 2002 Page 16 to pawnshops as a permitted use in the C-CBD, Central Business District' Area - Commercial District. Mr. Morey indicated that the concern is that pawnshops as a land use or business operation may negatively impact the real or perceived character of a commercial area in which the pawnshop is located. Mr. Morey stated that the City can define appropriate locations or land use requirements for certain businesses based upon the direction of its Comprehensive Plan and purpose of its specific zoning districts. Pawnshops are currently allowed in the City of Lakeville as permitted uses within the C-3, General Commercial district and the CBD-C, Central Business District Area - Commercial District. The C-3 District has been designated over large areas adjacent to major transportation corridors and intersections in the City of Lakeville. The C-3 .:District includes 857 acres of land in the City, which: allows for an appropriate opportunity for a pawnshop to locate within the community. The C-CBD. District is more specifically applied to approximately 15 acres of the Commercial Business .District. Given the more specific purpose, limited .area, and isolated location of the C-CBD District, staff recommends adoption of the proposed • amendment, which will remove pawnshops as a permitted use in the C-CBD District. Under the proposed amendment, pawnshops will continue to be a permitted use in the C-3, General Commercial District.. Chair. Wulff opened the hearing to the public for comment.. There were no comments from the audience. 02.85 Motion by Detjen, Second by Drotning to close the public hearing at 10:03 p.m. Ayes: Stolte, Swecker, Wulff, Michaud, Detjen, Grenz, Drotning. Nays: 0 02.86 Motion by Drotning, Second by Swecker to recommend to City Council approval of an amendment to Title 11 of the Lakeville City Code (the Zoning Ordinance) concerning pawnshops in the C-CBD, Central Business District Area -Commercial District. Ayes: Swecker, Wulf#, Michaud, Detjen, Grenz, Drotning, Stolte. Nays: 0 • Planning Commission Meeting July 18, 2002 Page 17 ITEM 10. NEW BUSINESS Mr. Morey reminded the Commissioners that the August 1, 2002 Planning Commission meeting will again be at the ISD 194 School Board Meeting Room. He also indicated what was scheduled for that meeting. There being no further business, the meeting was adjourned at 10:05 p.m. Respectfully submitted, Penny Br g, Recording Se ary ATTEST: i Wendy Wulff, hair