HomeMy WebLinkAbout02-03-00 CITY OF LAKEVILLE
Planning Commission Meeting Minutes
FEBRUARY 3, 2000
The February 3, 2000 Planning Commission meeting was called to order by Vice Chair
Rieb in the City Hall Council Chambers at 6:00 p.m.
Roll call of members was taken:.
Present: Bellows, Kot, Rieb, Skipton, Comer, Wulff, Ex-Officio Commission Member
Knutson.
Absent: Drotning (Commissioner Drotning did not participate in the February 3, .2000
Planning Commission meeting because he was presenting, as the owner, a development
proposal to the Planning. Commission for consideration at this meeting.)
Staff Present: Daryl Morey, Acting Community and Economic .Development Director;
Frank Dempsey, Associate Planner; Ron Mullenbach, Associate Planner; Tim Hanson,
Assistant City Engineer; Andrea McDowell Poehler, Assistant City Attorney; and Donna
Quintus, Recording Secretary..
The minutes of the. January 20, 2000 Planning Commission Meeting were approved as
presented,
ITEM 4: Announcements
i Acting Community and Economic Development Director Daryl Morey requested the
February 3, 2000 Planning Commission Agenda be amended to include NEw BUSINESS
ITEM H.D. Discuss Letter from Apple Valley Resident Denise Louis. The Planning
Commission agreed to the requested addition.
ITEMS: Public Hearing: Laura Ubl Special.Home Occupation (~toPoo-o~)
Vice Chair Rieb opened the public hearing to consider the application of Laura Ubl for a
Special Home Occupation permit to allow the operation of a therapeutic massage business.
in a single family residence. Assistant City Attorney Poehler attested that the legal notice
had been duly mailed and published in accordance with state statutes.
.Associate Planner Frank Dempsey presented the planning report regarding the application
of Ms. Laura Ubl, 17810 Iten Court South, for a Special Home Occupation Permit. Mr.
Dempsey indicated that Ms. Ubl is proposing to operate the therapeutic massage business
out of her single family residence located on Lot 14, Block 1, Dakota Heights Fourth
Addition. The subject property is zoned R-2, Single Family Residential District. A
therapeutic massage home occupation is classified as a Special Home Occupation
requiring a public hearing with a permit issued for a period of one year, after which the
permit may be re-issued for periods of up to three (3) years.
Mr. Dempsey stated that Ms. Ubl intends to provide. therapeutic massage in her home, two
to four days per week, between 9:00 a.m. and 7:00 p.m., and will serve not more than one
client at a time by appointment only. All client parking can be accommodated on the
existing driveway.
Planning Commission Meeting Minutes
February 3, 2000
Page 2
Mr. Dempsey noted that City Code 3-16-1 requires persons who administer massages be
licensed to do so in the City of Lakeville. A background check will be conducted by the
Lakeville Police Department confirming that Ms. Ubl has the appropriate training and is a
certified massage therapist prior to City Council consideration of the. permit request.
Mr. Dempsey noted that signage is not proposed as a part of this application. An
inspection was conducted by the City's Building Official who has determined that the.
proposed work area, located inside an existing four-season porch located on the southeast
corner of the house, meets the building and safety code requirements.
Associate Planner Dempsey stated that should the Planning Commission recommend to
City Council approval of the. Special Home Occupation Permit as requested by Laura Ubl,
.Community and Economic Development. Department staff recommends the nine (9)
stipulations as listed in the January 28, 2000 Planning Report.
Commissioner Comer requested that the applicant describe her background and
experience in therapeutic massage.
Ms. Ubl indicated #hat she has practiced therapeutic massage in a commercial office
building in :Burnsville for the past six years and is an Allied Health Professional. She stated
that she has worked as an instructor and teaching assistant in the massage therapy field.
Ms. Ubl indicated that she specializes in pregnancy massage and is also a certified infant
• massage instructor. Ms. Ubl further indicated thaf she held an open house and invited
neighboring residents. Those in attendance at the open house did not express any
opposition to the proposed home occupation.
Vice Chair Rieb opened the hearing for public comment.
Keith Wakefield, 17855 Iten Court South, stated he has lived in this neighborhood for 11'h
years and is acquainted with the applicant. Mr. Wakefield expressed his support for Ms.
Ubl's request and indicated that in his discussions with several of his neighbors no
..opposition was expressed to the proposed home occupation.
There were no further comments from the audience.
00.18 MorioN by Wulff, Second by Skipton to close the public hearing at 6:15 p.m.
Ayes: Bellows, Kot, Rieb, Skipton, Comer, Wulff.
Nays: 0.
00.19 MOTION by Wulff, Second by Bellows to recommend to City Council approval of the
application for a Special Home Occupation Permit for Ms. Laura Ubl to allow the operation
of a therapeutic massage business in her single family residence located at 17810 Iten
Court South, legally described as Lot 14, Block 1, Dakota Heights Fourth Addition, subject
to the nine (9) stipulations recommended by staff as listed in the January 28, 2000
. Planning Report and approval of the Findings of Fact dated February 3, 2000.
Ayes: Kot, Rieb, Skipton, Comer, Wulff, Bellows.
Nays: 0.
Planning Commission Meeting Minutes
February 3, 2000
Page 3
ITEM s: Public Hearing: Nu Shapes Construction Conditional Use Permit ,~Cu pa®-o 3~
Vice Chair Rieb opened the public hearing to consider the application of APPRO
Development, Inc., representing Nu Shapes Construction, fora Conditional Use Permit to
allow an impervious surface area greater than 25% in the Shoreland Overlay District.
Assistant City Attorney Poehler attested that the legal notice had been duly mailed and
published in accordance with state statutes.
Jack Matasosky, Jim Connelly, and Vince Markell, APPRO Development, Inc., Grant
Jacobson, Jacobson Engineers & Surveying, and David Rau, Nu Shapes Construction,.
were in attendance to present and answer questions regarding the application of Nu
Shapes Construction. Jim Connelly presented the application and plans on behalf of Nu
Shapes Construction for a Conditional Use Permit to allow an expansion of the existing Nu
Shapes Construction facility located at 8393 - 210th Street West, legally described as tot
11, Block 4, Airlake Industrial Park Second Addition. The proposed improvements include
a 4,864 square foot addition onto the northeast side of the existing building and an
expanded parking area northeast of the existing parking. area which will result in a total
impervious surface area greater than 25%.
Mr. Connelly noted that the original landscape plan has been enhanced to include
additional tree planting on the northwest portion of the site along the watercourse to
provide shading of the existing wetland. The plan also includes rip rap and other. erosion
. control measures.
Mr. Connelly indicated that the developer has reviewed the stipulations recommended by
staff. However, the applicant has requested clarification of Stipulation No. 7, as listed in
the January 27, 2000. Planning, Report, that requires a financial security to ensure the
implementation of the approved landscape plan. The applicant questions why this is being
required when the original development of the site did not require a security and, if it is
required, could it be collected prior to issuance of the building permit.
Associate Planner. Frank Dempsey presented the staff report. The site is zoned I-1,
Limited Industrial District and is located within the Shoreland Overlay District ofiSouth
Creek.. The existing impervious surface area is 24.2%. The Zoning Ordinance allows an
impervious surface area up to 75% for industrially zoned properties located on tributary
rivers via a Conditional Use Permit. The original site plan. for Nu Shapes Construction,
submitted in 1998, identified the potential for future building and parking iot expansion.
The developer was informed that when the future phases were proposed, a Conditional
Use Permit would be required.
Associate Planner Dempsey noted that the current proposed project includes an
approximate 4,864 square foot addition and 4,583 square feet of new paved area. A future.
final phase is identified in this proposal and includes a 2,560 square foot addition and
additional parking area. Impervious surface area with the current proposed phase will total
• 36.9%. The total for the current and future phase will total 44% impervious surface area..
The final phase. is shown on a future grading plan. and will not require an amendment to the
Conditional Use Permit provided it is developed according. to the proposed site plan and
future grading and drainage plan.
Planning Commission Meeting Minutes
February 3, 2000
Page 4
Mr. Dempsey indicated that the site plan, as submitted, is consistent with Zoning
Ordinance requirements for building setbacks, parking requirements, and building type.
The revised landscape and erosion control plan incorporates the recommendations in the
Minnesota Department of Natural Resources (DNR) in their letter dated January 25, 2000.
Because the plan has been revised, staff recommends that Stipulation No. 5 listed in the
January 27, 2000 Planning Report be deleted.
Mr. Dempsey stated that should the Planning Commission recommend to City Council
approval of the application of Nu Shapes for a Conditional Use Permit, Community and
Economic Development Department staff recommends that this Conditional Use Permit be
subject to six of the seven stipulations listed in the January 27, 2000 Planning Report,
deleting Stipulation No. 5 as recommended above.
In response to the question. of requiring a financial security to ensure landscaping, Acting
Community and Economic Development Director Daryl Morey stated that the City has been
consistent in its policy to require a financial security to assure that landscaping is installed
in accordance with an approved plan as a stipulation for approval for commercial,
industrial, and a majority of residential conditional use permits. The reason that a security
was not required when the Nu Shapes site was initially developed was because the original
development proposal did not require a Conditional Use Permit.
. There was no public comment.
00.20 MOTION by Bellows, Second by Comer to close the public hearing at 6:42 p.m.
Ayes: Rieb, Skipton, Comer, Wulff, Bellows, Kot.
Nays: 0.
Commissioner Wulff stated she had visited the Nu Shapes site during business hours and
notedseveral cars parked in the driveway. Mr. Connellyresponded that in the first phase
some of the parking stalls were deferred. All parking stalls will be constructed with this
expansion proposal which will eliminate any parking in the driveway.
Commissioner Wulff recommended that additional landscape screening be provided to
screen the parking lot from the existing waterway. The Planning Commission agreed that
staff recommended Stipulation No. 4 be modified to include landscape screening between
the parking lot and waterway along. the northeast corner of the development.
Mr: Matasosky, APPRO Development, Inc., indicated that the policy to require financial
securities for landscaping is more of a philosophical issue where he, as a developer, is
being questioned by the companies he represents in the Airlake Industrial Park regarding
the reasoning for this requirement. Mr. Matasosky noted that companies perceive this
required security as a lack of trust by the. City.
• Mr. Morey agreed with Mr. Matasosky's suggestion that an informational article be included
in a future issue of the Airlake Industrial Park Newsletter defining and explaining the
reasons for the City's policy on financial securities.
Planning Commission Meeting Minutes
February 3, 2000
Page 5
00.21 MOTION by Bellows, Second by Skipton to recommend to City Council approval of the
application for a Conditional Use Permit for Nu Shapes Construction to allow an impervious
surface greater than 25 percent in the Shoreland Overlay District of South Creek on their
property located at 8393 - 213' Street West, legally described as Lot 11, Block 4, Airlake
Industrial Park Second Addition, subject to the six (6) stipulations recommended by staff as
listed in the January 27, 2000 Planning Report with the deletion of Stipulation No. 5 and
the modification of Stipulation No. 4, as discussed, and approval of the Findings of Fact
dated February 3, 2000.
Ayes: Skipton, Comer, Wulff, Bellows, Kot, Rieb.
Nays: 0.
ITEM 7: Public Hearing: Crvstai Lake Automotive Conditional Use Permit ~~~V o~-~y)
Vice Chair Rieb opened the public hearing to consider the application of Crystal Properties,
L.L.C. for a Conditional Use Permit to allow a major automobile repair use in the B-4;
General Business District. Assistant City Attorney Poehler attested that the legal notice
had been duly mailed and published in accordance with state statutes.
Karl Drotning, Crystal Properties, L.L.C., introduced himself and his partner, Jim Siegfried,
as the applicants for a Conditional Use.Permit to allow an automotive service facility to be
constructed. in the B-4, General Business District. This development proposal involves the
• relocation and combination of Crystal Lake Automotive currently operating on two different
sites, one in Burnsville on Highway 13 (body shop) and one at Lakeville at 16290 Kenrick
Loop (mechanical repairs), into one full service facility on a single site. The property
proposed to be developed is located on the west side of Kenyon Avenue at the north City
boundary. Mr. Drotning indicated that the new facility will provide 20+ head-of-household
jobs with approximately 1/3 of the employees living in Lakeville.
Jack Matasosky, APPRO Development, Inc., introduced Vince Markell, Project Manager of
Soils and Landscaping for APPRO Development, and Grant Jacobson of Jacobson
Engineers & Surveying, project surveyor. Mr. Matasosky noted that the applicant has
incorporated many elements into the site design that address potential neighborhood.
issues.
Associate Planner Ron Mullenbach presented the staff .report. Mr. Mullenbach indicated
that the applicant. is proposing to combine his body shop and mechanical repairs facilities
and locate them on an existing 2.2-acre metes and bounds parcel. The proposed
commercial site is located adjacent to the northwest side of Kenyon Avenue (north of
CSAH 46) and to the south of the northerly City boundary. The subject property is zoned
B-4, General Business District and major automobile repair uses are allowed by
Conditional. Use Permit.
Associate Planner Mullenbach indicated that staff has reviewed the proposed site plan and
has found that it-meets Zoning Ordinance requirements for major auto repair uses. Mr.
Mullenbach reviewed the design elements of the site plan as detailed in the January 28,
2000 Planning Report, including:
Planning Commission Meeting Minutes
February 3, 2000
Page 6
1) Landscape plan: The building and parking lot are proposed to be screened from the
single family residential uses to the north by staggered rows of evergreen trees. The
minimum landscape area for major auto repair is 30%. The site plan proposes a green
area of 34.2%. The proposed landscape plan exceeds the requirements of the Zoning
Ordinance and incorporates the recommendations of the Corridor and Gateway Design
Study.
2) Parking: A .minimum of 34 off-street parking spaces are required for the proposed
major auto repair use. A total of 80 parking spaces are proposed.
3) Building Materials: The developers are proposing architectural pre-cast panels. Mr.
Drotning provided a sample of the panel material for the Planning Commission to
examine.
4) Access: The subject site is triangular in shape and is located on a concave curve of
Kenyon Avenue. The proposed driveway is located near the southwest corner of the
parcel. The plan identifies a possible private shared access/connection point with the
parcel to the west. If a shared access is pursued with the development of the parcel to
the west a shared private driveway easement will be required. The single access is
consistent with the City's street access spacing guidelines.
5} .Street Naming: The developers have requested that the City consider renaming the
portion of Kenyon Avenue. north of County Road 46 to the north City boundary to Buck
'Hill Road which is consistent with the name of this roadway as it extends into Burnsville
to County Road 42. Preliminary'feedbackfrnm the Police Department supports the
proposed name change as requested. A resolution to rename the street will be
forwarded to City Council for their consideration along with the CUP request.
Associate Planner Mullenbach stated that should the Planning Commission recommend
approval of the. request of Crystal Properties, L.L.C. and APPRO Development, Inc. for a
Conditional. Use Permit to allow the construction of a major automobile repair facility, staff
recommends compliance with the 13 stipulations listed in the January 28, 2000 Planning
Report.
Commissioner Knutson asked how many trips per day the proposed use. will generate
noting that the curvature of Kenrick Avenue and access to the site could cause some
congestion during peak operating hours of the day, and whether a right turn lane had been
discussed.
Mr. Drotning indicated that initially the site would generate approximately 50 trips per day,
including customers and employees. Ultimately, the site could generate up to 300 trips per
day.
Assistant City Engineer Tim Hanson stated that the width of Kenrick Avenue would
accommodate three lanes that would allow striping the roadway for a turn lane. However,
Mr. Hanson indicated that he did not recommend it at this time, but that the need. for a right
.turn lane on southbound Kenyon Avenue could. be reviewed when the property to the west
• of this site develops.
Planning Commission Meeting Minutes
February 3, 2000
Page 7
Commission Comer asked if traffic generated by the Buck Hill Ski Area, located north of
this site, during the winter season had been considered.
Associate Planner Mullenbach indicated that Kenyon Avenue/Buck Hill Road is a major
collector and designed to carry high traffic volume. Assistant City Engineer Hanson added
that the roadway is designed for peak hour demands.
Commissioner Comer stated his opinion that a public information sign should have been
placed on the site to provide the surrounding property owners sufficient time to acquire
information from the City and to submit comments regarding the proposed use and
development of this site. Further, Commissioner Comer stated he had visited the site and
had difficulty identifying the property boundaries and proposed building locations on the
site, especially due to the property being snow covered this. time of year. He asked if
stakes could be installed on the site for better delineation of the site.
Acting Community and Economic Development Director Daryl Morey noted that he had
received one call from a resident in the Sunny Acres Mobile Home Court located adjacent
to the northwest corner of the commercial. site. The resident expressed his objection to the.
proposed commercial use. Mr. Morey encouraged the resident to attend the public hearing
to hear the details of the proposal and to express his concerns. so that they could be
addressed by the developer.
• Mr.` Drotning indicated that he hand-delivered notices to all residents_bordering the site
inviting them town open -house to review the plans and details of the proposed
development. Hours of the open house included daytime, as well as evening, however, no
residents attended the open house.
Acting Community and Economic Development Director Morey stated that the decision #o
place signs on sites to be developed is considered on a case-by-case basis. In
.considering this site, staff had determined that a sign would not be needed. However, he
agreed with Commissioner Comer that he had raised some valid issues regarding this
specific site and a sign may have been justified based on his concerns. These concerns
regarding public information sign installation will be considered by staff with. future
development projects.
Mr. Morey further noted that survey stakes that are placed on the vacant site can be
misleading and confusing to the public, giving the perception that building construction is
imminent and the project is a "done deal". Survey stakes can be indicators of several site
conditions such as wetland delineation and site elevations and are easily misinterpreted by
the general public. Mr. Morey suggested that when Commissioner Comer or other
Planning Commission members have difficulty discerning site layout,-that the staff would
be willing to meet them at the site to clarify locations and answer questions.
Commissioner Wulff recommended that either a fence,. a combination of fencing and
a landscaping, or additional landscaping be installed between the residential area and the
proposed commercial development to provide a visual screen between the residential and
parking area.
Planning Commission Meeting Minutes
February 3, 2000
Page 8
Acting Community and Economic Development Director Morey expressed concern that
fencing between the residential and proposed commercial uses poses significant
vandalism and maintenance concerns and recommended that fencing not be used for
screening purposes. Associate Planner Mullenbach noted some obstacles to fencing
related to site grades and an existing swale.
Commissioner Rieb stated her preference for landscaping over fencing to be used as
screening. She expressed concern regarding fence maintenance issues.
After further discussion, Mr. Matasosky indicated that the developer would agree to modify
the proposed landscape plan to more completely screen the proposed parking areas by
adding more evergreens. to screen the parking areas.
There were no comments from the public.
00.22 MOTION by Wulff, Second by Skipton to close the public hearing at 7:40 p.m.
Ayes: Comer, Wulff, Bellows, Kot, Rieb, Skipton.
Nays: 0.
The Commission Members agreed to a modification to staff recommended. Stipulation No.
3 by adding the .following sentence:. "The site landscape plan shall be revised #o increase
screening of the parking areas prior to City Council consideration.
00.23 MOTION by Skipton, Second by Wulff to recommend to City Council approval of the
Conditional Use Permit for Crystal Properties, L.L.C. and APPRO Development, Inc. to
allow the construction of a major automobile repair facility in the B-4, General Business
District, on property located on the west side of Kenyon Avenue at the north boundary of
the City, subject to the 13 stipulations recommended by staff as listed in the :January 28,
2000 Planning Report, with the modification to Stipulation No. 3 as discussed above, and
approval of the. Findings of Fact dated February 3, 2000.
Ayes: Wulff, Bellows, Kot, Rieb, Skipton, Comer.
Nays: 0.
00.24 MOTION by Wulff, Second by Kot to direct staff to investigate the importance of striping the
roadway on Kenyon Avenue for turn lanes.
Ayes: Bellows, Kot, Rieb, Skipton, Comer, Wulff.
Nays: 0,
ITEM B.A. Comprehensive Plan Revision: Correction of Printing Error
Associate Planner Ron Mullenbach stated that City staff found a printing error on the
Staged MUSA Expansion Areas Map that was included in the approved Comprehensive
Plan Update. The error involves an inconsistency between the 2020 Land Use Plan and
the Staged MUSA Expansion Areas map. The land use designation is consistent with that
Planning Commission Meeting Minutes
February 3, 2000
Page 9
presented to residents during neighborhood meetings and recommended and approved by
the Planning Commission and City Council
City staff has submitted a comprehensive plan revision application to the Metropolitan
Council. Metropolitan Council staff has indicated that the proposed revision will most likely
be .approved administratively. Once the revision is .approved by the Metropolitan Council,
the Staged MUSH Expansion Areas Map will be revised.
ITEM 8.~. Discuss Letter from Apple Valley Resident Denise Louis
Acting Community and Economic Development Direct Daryl Morey indicated that the
Planning Commission had received a letter from Ms. Denise Louis, 15754 Hayes Trail,
Apple Valley, MN requesting a meeting with some of the Planning Commissioners to
discuss the future relocation of Highview Avenue to align with Garden View Drive at .160tH
Street West(C.R. 46). The realignment of Highview Avenue is nonscheduled for review by
the Planning Commission at this time. The City received a preliminary plat. application on
May 26, 1999 for a single family development called Vermillion Springs that would include
the realignment of Highview Avenue; however, the preliminary plat has not yet been
scheduled for review by the Planning Commission. Mr. Morey indicated that the public
hearing is the forum for presenting and discussing concerns with the Planning Commission
related to a development application.
The Planning Commission members directed staff to draft a letter to Ms. Louis expressing
appreciation for her interest in the future realignment of Highview Avenue and the
associated residential development proposal. Staff should inform her that, when the
Vermillion Springs preliminary plat is scheduled for Planning Commission review, a public
hearing will. be held to obtain public input on the proposed project, including the
realignment of Highview Avenue. The Planning Commission noted that the letter should
state that Ms. Louis, along with City of Apple Valley staff, will be contacted by mail when
the public hearing is scheduled.
There being no further business, the meeting was adjourned 8:20 p.m.
Resp tfully submitted,
Donna Quintus, a ording Secretary
ATTEST:
auri Rieb, Acting Chair
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