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HomeMy WebLinkAbout09-16-99 ..City of Lakeville PLANNING COMMISSION MEETING MINUTES September 16, 1999 The September 16, 1999 Planning. Commission meeting was called to order by Chair Drotning at 6:00 p.m. in the City Hall Council Chambers. Roll call of members was taken: Present: Kot, Drotning, Rieb, Comer, Wulff, Ex-Officio Tim Knutson. Absent: Bellows, Moates. Staff Present: Michael Sobota, Community and Economic Development Director; Frank Dempsey, Associate Planner; Ron Mullenbach, Associate Planner; Tim Hanson, Assistant City Engineer; Roger Knutson, City Attorney; and Donna Quintus, Recording Secretary. Chair Drotning requested that the August 19, 1999 Planning Commission meeting minutes be amended to recognize receipt of an a-mail to the City dated August 12, 1999 from Trudy Crego, 16722 Innsbrook Drive, expressing support for the application of J.C. Holdings, Inc. Chair Drotning noted that the Cregos have a .business interest in Crystal Lake Country Club. 99-102 MOTION by Kot, Second. by Rieb, to approve the August 19, 1999 Planning. Commission Meeting minutes as amended. Ro1F call vote was called on the motion. Ayes: Kot, Drotning, Rieb, Comer, Wulff. Nays.: 0. The August 19, 1999 Planning Commission Work Session meeting .notes were accepted for the permanent record. ITEM 4: ANNOUNCEMENTS Community and Economic Development Director Michael Sobota indicated that additional materials had been distributed to the Planning Commission for further clarification on specific items on the September 16, 1999 Planning Commission agenda. Supplemental information included:, 1) draft Findings of Fact and Conditional Use. Permit for the George and Sharon Marek Conditional Use Permit that was inadvertently omitted from the original Planning Commission meeting packet; 2) a Planning Report Addendum to the September 10, 1999 Planning Report that provides clarification of specific comments regarding the Crystal Lake Golf Estates Planned Unit Development amendment request; 3) an a-mail from City of Lakeville Police Chief David Martens responding to a request for information regarding car/pedestrian. safety issues in the Crystal Lake Golf Estates area; 4) a September 10, 1999 report from Leif Hanson, Zoning Enforcement, providing the status of various Zoning Ordinance violations over one year old; 5) Environmental Affairs Committee recommendations from their September 14, 1999 meeting; and 6) the Marion Fields 2"d Addition .final plat. Planning Commission Meeting Minutes September 16, 1999 Page 2 ITEM 5: CONSENT AGENDA 99.103. MOTION by Wulff, Second by Comer to recommend to City Council approval of the September 16, 1999 Planning Commission'Consent Agenda as follows: 5A. Marion Fields Second Addition Final Plat: Recommend to City Council approval of the application of Shamrock Development,. Inc. for the. final plat of 103 single family lots on property located north of 210t" Street and west of Dodd Boulevard (C.S.A.H. 9). 5B. Independenf School district 194 (Kenwood Center) Conditional Use Permit: Recommend to City Council approval of the request from Independent School District 194 for an extension of Conditional Use Permit No. 89-09 for an adult basic education, pre-school education, early childhood family education, and child care facility in the Kenwood Center. Roll call vote was called on the motion. Ayes: Drotning, Rieb, Comer, Wulff, Kot. Nays: 0. .Chair Drotning indicated that at their September 7, 1.999 meeting the City Council acted on the Marion Fields Second Addition preliminary plat with modifications to the original Planning Commission recommendation. Specifically, the City Council approved the plat with the following three additional conditions: 1) the City agreed to request a variance from Dakota County for one driveway to the existing .Hammer home off Dodd Boulevard until Lot 1, Block 7, Marion Fields Second Addition is subdivided; 2) the driveway access to the existing house and attached garage shall be relocated from Dodd Boulevard to 208t" Street when Lot 1, Block 7, Marion Fields Second addition is subdivided; and 3) deletion. of Planning Commission recommended Stipulation No. 8.c. resulting in allowing the Hammers to allow the large detached metal pole barn to remain on the property and not tying its removal to the farming activities on the adjacent property to the northwest. ITEM 6: Public Hearing: f & L ENTERPRISES CONDITIONAL USE PERMIT AMENDMENT Chair Drotning opened the public hearing for consideration of the application of F & L Enterprises for an amendment to Conditional Use Permit No. 98-05. City Attorney Knutson attested that the legal notices had been duly published and mailed in accordance with state statutes. William Fink, partner of F & L Enterprises, presented an application for an amendment to Conditional Use Permit (CUP) No. 98-05 which allowed. the construction of the existing F & L Enterprises facility on property located at 21980 Kenrick Avenue. The original CUP was approved by the City Council on May 4, 1998. Mr. Fink indicated that the proposed amendment consists of a revised site plan that eliminates the planned future construction of 19,200 square feet of additional storage buildings and proposes an expanded outside storage area. The proposed amendment would also permit an existing 2,016 square foot detached storage shed located in the southeasterly corner of the property to remain. The detached shed was originally Planning Commission Meeting Minutes. September 16, 1999 Page 3 • required to be removed as part of the development of the principal building. Mr. Fink indicated that they have agreed to bring the existing storage building into compliance with the minimum. 30-foot setback to the south property line and replace the roof and siding to match the existing principal building on the property. Associate Planner Frank Dempsey indicated that F & L Enterprises received a CUP on May 4, 1998 allowing them to construct an industrial building on an existing non- conforming parcel in the I-1, Limited. Industrial District on property less than ten acres in size and not served with city sewer... The seven-acre site is located east of Kenrick Avenue, adjacent to the City of Lakeville boundary line. Dempsey indicated that there are nine (9) site and building development items required bythe original CUP that are still incomplete. Dempsey reviewed each of the outstanding items as outlined in the September 10, 1999 Planning Report, including the current status and proposed .target date for completion of each item. Associate Planner Dempsey stated .that if the Planning Commission recommends to City Council approval of the F & L Enterprises CUP amendment application, Community and Economic Development staff recommends that the grading and use of the expanded outside storage area not begin until the unfinished site and building- related issues are completed and that the developer comply with the. seven (7) stipulations listed in the September 10, 1999 Planning Report._ • Commissioner Comer stated he observed several trucks and truck beds stored on the property and asked if this had been approved as a part of the original CUP. Mr. Dempsey indicated that outside storage is permitted in the I-1, Limited Industrial District; however, the original CUP required landscaping to screen the outside storage from abutting properties. The required landscaping has not been completed as of this date. The deadline for installation of the landscape screening was May 4, 1999, one year from the approval date of the original CUP. Commissioner Rieb asked what, if any, security was in-place to ensure that the developer complete the on-site landscaping and screening. Mr. Fink indicated that he has now posted a $30,000 Letter of Credit with the application for an amendment to guarantee installation of the landscaping. Mr. Fink further indicated that he has contracted with a landscaping business who is currently installing the required landscaping. Mr. Fink noted that he anticipates the landscaping will be completed. within the next two weeks. Associate Planner Dempsey referenced two letters from abutting property owners, Joe and Wanda Gunderson, 22075 Pillsbury Avenue, and. Bruce Vogelgesang, 22015 Pillsbury Avenue. Both. parties expressed their dissatisfaction with the currenfi F & L operation noting the unattractiveness of the existing metal building originally proposed to be removed from the property, outside storage, lack of adequate screening from . neighboring properties, late night noise from the industrial operation, and a claim that an existing rat .problem in the neighborhood originates from the F & L site. Planning Commission Meeting Minutes September 16, 1999 Page 4 Chair Drotning acknowledged Mr. & Mrs. Gunderson's and Mr. Vogelgesang's letters regarding the F & L site and requested they become a part of the permanent record for this public hearing. ' Mr.-Fink stated that he had spoken to both of these neighbors and explained the timeline for installation of landscape screening and proposed improvements to the existing metal building. He had also assured the Gundersons and Vogelgesangs that there was no grain or outside garbage on the site that would attract rats and noted that any rat problems may be related to another neighboring property due to grain stored and used to feed the horses being kept on that property. Mr. Fink stated that his operation is totally shut down at 6:D0 p.m. with only an occasional truck entering the site between 6:00 p.m. and 10:00 p.m. He informed the neighbors that if they noticed any activity on the site after this time they should inform the police department as no one was authorized to be on the property after 10:00 p.m. There were no comments from the audience. 99.104 MOTION by Rieb, Second by Comer to close the public hearing at 6:25 p.m. Ayes: Rieb, Comer, Wulff, Kot, Drotning. Nays: 0: • Commissioner Wulff suggested that a stipulation be added requiring that, should the applicant extend electricity to the existing detached storage building,. all wiring for electrical service shall be underground. The Commission concurred. Chair Drotning questioned whether a proposed erosion control plan had been submitted and reviewed and approved by City staff. Mr. Fink indicated his feeling thaterosion control will not be an issue once the proposed additional bituminous has been placed on the site. He noted that they are proposing to install bituminous surface up to the southwest wall of the building because they have experienced erosion problems related to water runoff fromthe roof. Mr. Fink stated his belief that with the installation of the additional hard surface that drainage can be directed to the pond located to the rear and northeast of the F & L site. Chair Drotning stated that he had visited the F & L Enterprises site and indicated his concern .regarding erosion issues due to the location of the current building that faces the frontage .road- (Kenrick Avenue) along I-35. Chair Drotning indicated his observation that because of the building location so close to the front (west) of the lot critical erosion issues will be experienced. Assistant City Engineer Tim Hanson discussed details regarding existing and proposed drainage patterns. Community and Economic Development Director Sobota indicated that staff recommends that green space be maintained along the southerly edge of the building extended to the driveway surface.. Because staff would like to see more green space in the front yard, Mr. Hanson indicated that a pipe. could be installed Planning Commission Meeting Minutes September 16, 1999 Page 5 .from the roof line and water can be conveyed by pipe through the green space and directed to the rear of the property via the installation of curbing along the hard surface. Chair Drotning. reiterated his concern for the lack of an approved erosion control plan indicating that he would like clarification of how drainage can be accomplished on the site. Drotning also indicated his concern regarding the developer's lack in completing the conditions of the original CUP. Drotning stated his recommendation that action on the CUP amendment application be tabled until the next regular Planning Commission meeting to allow time for the developer to complete or provide proof that that he has initiated action to complete or has met the conditions of the original CUP and until an erosion plan can be submitted and reviewed by City Engineering staff. 99.105 MOTION by Wulff, Second by Kot to table action on the application of F & L Enterprises for an amendment to Conditional Use Permit No. 98-05 to allow adequate time for the applicant to amend his plans to be consistent with the September 10, 1999 Planning Report and to complete the conditions of the original Conditional Use Permit. Roll call vote was called on the motion. Ayes: Comer, Wulff, Kot, Drotning, Rieb. Nays: 0. • ITEM 7. PUBLIC HEARING: GEORGE AND SHARON MAREK: CONDITIONAL USE PERMIT Chair. Drotning opened the .public hearing for consideration of the application of George and Sharon Marek for a Conditional Use Permit to allow an expansion of an existing non-conforming single family residence in the R-3, High Density Single Family Residential District. City Attorney Knutson attested that the legal notice had .been duly published and mailed as required by State statute. Mr. George Marek presented his request for a ConditionaF Use Permit to allow him to construct athree-season porch addition onto his existing non-conforming single family home located at 20565 Howland Avenue. Mr. Marek indicated that the proposed three-season porch addition would be located to the rear of the existing attached garage and will not encroach into required setbacks. Associate Planner Ron Mullenbach presented the staff report and stated that the non- conforming status of the existing house is because it does not meet the required front and side yard setbacks of the R-3 District. There are no accessory buildings on the property. Planner Mullenbach noted that an expansion of anon-conforming single family home is allowed in the R-3 District subject to the approval of a Conditional Use Permit and provided that the addition meets the minimum setback requirements of the applicable zoning district. Planner Mullenbach stated that the proposed three-season porch will exceed the minimum setback requirements of the R-3, High Density Single Family Planning Commission Meeting Minutes September 16, 1999 Page 6 • Residential District. The proposed addition is intended to improve the livability of the home. Associate Planner Mullenbach stated that if the Planning Commission recommends approval of the CUP application of George and Sharon Marek to the City Council, staff recommends compliance with the three stipulations. listed in the September 10,-1999 Planning Report. There were no comments from the audience. 99.106 MOTION by Kot, Second by Rieb to close the public hearing at 7:00 p.m. Ayes: Wulff, Kot, Drotning, Rieb, Comer. Nays: 0. Associate Planner Mullenbach indicated that requests similar to the George and. Sharon Marek application will be reviewed in the Zoning Ordinance Update. Sueh requests could be handled administratively. The Planning Commission concurred and stated they, too, were looking forward to this provision in the Zoning Ordinance Update. 99.107 MOTION by Kot, Second by Comer to recommend to City Council approval of a . Conditional Use Permit application of George and Sharon Marek to allow the expansion of an existing non-conforming single family residence at 20565 Howland Avenue located in the R-3, High Density Residential District and approval of the Findings of Fact for the Conditional Use Permit dated September 16, 1999. Roll call vote was called on the motion. Ayes: Kot, Drotning, Rieb, Comer, Wulff. Nays: 0. .ITEM 8. PUBLIC HEARING: MINNESOTA VALLEY FREE LUTHERAN CHURCH: CONDITIONAL USE PERMIT AMENDMENT Chair Drotning opened the public hearing for consideration of the application of Minnesota Valley Free Lutheran Church for an amendment to Conditional Use Permit No. 99-10 to allow the construction of a detached storage shed on church property located in the R-2, Single Family Residential District. City Attorney Knutson attested that the legal notice had been duly published and mailed as required by state statute. Mark Ellingson; Chair of the Board of Trustees, Glen Gustafson, Trustee, and Bob Rudebush, Trustee, all representing the Minnesota Valley Free Lutheran Church, were in attendance to provide details and answer questions regarding the church's application for an amendment to Conditional Use Permit (CUP) 99-10 which would allow the construction of a 576 square foot storage shed on the church property located at 16075 Highview Avenue. Planning Commission Meeting Minutes September 16, 1999 Page 7 Mr. Ellingson, spokesperson for the group, stated that the Minnesota Valley Free Lutheran Church has completed the installation of the parking lot-and parking lot lighting as required by Conditional Use Permit No, 99-10. The daycare center has opened and now the church has identified the need to provide inside storage for daycare toys and lawn equipment. Therefore, the Minnesota Valley Free Lutheran Church has submitted an application to allow the construction of a 24' x 36' storage shed proposed to be located in the .northwest corner of the site. The proposed setbacks exceed the minimum requirements of the R-2 District and the proposed setbacks of the storage building exceed the minimum requirements of the R-2 District and will not encroach within an easement. The shed will consist of white vinyl siding and fiberglass shingles to match the church. Associate Planner Frank Dempsey presented the staff report and indicatedthat an amendment to a conditional use permit is required for any significant alteration to a site plan or for a building addition or construction. Community and Economic Development staff is recommending and the developer has agreed that the site plan be revised to include screening of the proposed shed from the future single family homes to the west and from County Road 46 to the north. The revised site plan will be submitted and reviewed by staff prior to City Council consideration of the CUP amendment. Associate Planner Dempsey stated that if the Planning Commission recommends approval of the CUP amendment application of the Minnesota Valley Free Lutheran Church to the City Council, staff recommends compliance with the #ive stipulations listed in the September 10, 1999 Planning Report. There were no comments from the audience. 99.108 MOTION by Wulff, Second by Rieb to close the public hearing at 7:05 p.m. Ayes: Drotning, Rieb, Comer, Wulff, Kot Nays: 0. Mr. Glen Gustafson responded to questions from the Commission regarding. landscaping proposed along the east side of the parking lot. Planner Dempsey indicated that the church has submitted a Letter of Credit as a security to ensure that the landscaping is completed. 99.109 MOTION by Rieb, Second by Wulff to recommend to City Council approval of the Minnesota Valley Free Lutheran Church Conditional Use Permit Amendment. to allow the construction of a detached storage shed on the church property subject to the five (5) stipulations listed in the September 10, 1999 Planning Report and approval of the Findings of Fact for the Conditional Use Permit dated September 16,.1999. Roll call vote was called on the motion. • Ayes:. Rieb, Comer, Wulff, Kot, Drotning. Nays: 0. Planning Commission Meeting Minutes September 16, 1999 Page 8 S Chair Drotning called aten-minute recess. The September 16, 1999 Planning Commission meeting was reconvened at 7:20 p.m. ITEM 9: Old Business: J.C. Holdings, Inc. Planned Unit Development Amendment Chair Drotning stated that at the August 19, 1999 Planning Commission meeting the Planning Commission tabled action on the applications of J.C. Holdings, Inc. for a planned unit development amendment. for Crystal Lake Clubhouse for a food and banquet addition and a final plat of Crystal Lake Clubhouse 2"d Addition to allow staff the opportunity to collect information on key issues discussed at the public hearing held at that meeting. Chair Drotning thanked the residents of the Crystal Lake Golf Estates neighborhood and the neighborhood representatives, the developer, and City staff for their diligence in working through the many issues related to the proposed Crystal Lake Golf Clubhouse banquet facility expansion project. Drotning indicated that there has been a lot of hard work and a lot of dialogue between all parties and it has become apparent that there is a serious public relations problem between the residents in the golf course neighborhood and the golf course regarding certain aspects of the existing clubhouse facility and the proposed expansion project. Chair Drotning acknowledged that both sides have expressed their feelings regarding this project and the Planning Commission recognizes the feelings for both sides are valid. However, he noted that now is the time for the Planning Commission to review the proposed PUD amendment based on whether the developer's proposal satisfactorily addresses issues by incorporating appropriate mechanisms to effectively mitigate the potential for negative impact on the neighborhood as well as the entire community. Chair Drotning stated that proponents of a project usually highlight the. positives of their proposals while opponents tend to highlight the negative impacts of a project. The Planning Commission, therefore, needs to balance their interpretation of the facts and opinions from both sides. Chair Drotning indicated that the Planning Commission does not represent specific interests. The Planning Commission must represent the interests of the community as a whole. It is the duty of the Planning Commission to sort through the issues and make a decision based on what is reasonable and fair and, within the legal context of the Planning Commission. Chair Drotning indicated that the Planning Commission is aware that the proposed expansion project is a contentious issue for the neighborhood and. the Commission will do their best to work through the issues. Chair Drotning expressed his pride in the staff, the community, and all those involved in this project and the consideration given to all parties involved in this project. He expressed his hope that respect and courtesy for each side will continue throughout . this process, that there will be final closure, and the City can move forward. Planning Commission Meeting Minutes September 16, 1999 Page 9 Chair Drotning reiterated to the audience that the public hearing for the Crystal Lake Golf Clubhouse Planned Unit Development Amendment was held at the August 19, 1999 Planning Commission meeting. The public hearing was closed at that time, however, actionwas tabled with the Commission directing staff to acquire additional information needed prior to the Planning Commission's recommendation to City Council on this project. Tabling action created an opportunity for City staff and the developer to host a second neighborhood meeting to exchange information between the applicant and the neighborhood residents. In his discussions with staff, Chair Drotning. was informed that two neighborhood meetings for a project is unprecedented. In his opinion, Chair Drotning indicated that there has been sufficient time. for exchange of information between the developer and the neighborhood and indicated that staff has received and forwarded all resident correspondence and input to the Planning Commission. Chair Drotning called upon Associate Planner Frank Dempsey to provide an update on the Crystal Lake Golf Clubhouse expansion project. Associate Planner Frank Dempsey indicated that at the close of the August 19, 1999 the Planning Commission specifically directed staff to address issues raised at the public hearing. Those questions and staff's responses are as follows: A. Specific Functions and Intended .Uses of the Proposed Banquet Facility: The applicant submitted letters (Exhibits D and E of September 15, 1999 Planning Report update) dated August 26, 1999, September 2, 1999 and .September 9, 1999 outlining. existing and anticipated usage of the facility. The:. developer indicated that the expansion will provide current golf customers better service and a nicer facility to host their golf events. In the off-season the applicant has indicated they anticipate targeting corporate meetings as well as some weddings. B. Hours of Operation: Staff recommended the following: Sunday through Thursday: Stop serving intoxicating alcohol at 9:30 p.m. and close at 10:00 p.m. Friday and Saturday: Stop serving intoxicating alcohol at 10:30 p.m. and close at 11:00 p.m. In a letter dated September 15, 1999, Scott Beasley, Vice President of American Golf Corporation, has requested the developer be allowed to serve alcoholic beverages until 10:00 p.m. on weekdays and 11:30 p.m. on weekends with all guests leaving the facility within 30 minutes after serving has stopped, Staff recommends keeping the hours recommended in the September 10,.1999 Planning .Report. C. Parking Lot Design/Screening from Headlights: Revisions to the proposed floor plan has reduced the number of required parking spaces resulting in a need for 61 additional spaces which all can be accommodated on the existing. golf club house property. A revised. landscape and screening plan identifies additional plantings between the parking lot and Innsbrook Drive thereby mitigating headlight glare from the parking lot_onto the Planning Commission Meeting Minutes September 16, 1999 Page 10 ® street.. Mr. Dempsey noted that the ten (10) stalls proposed by the developer to be placed next to the home on the west side of the parking lot have been moved to the south side of the lot next to the banquet facility based on neighborhood comments. D. Serving of Liquor on the Establishment Site: The developer has indicated they do not intend to apply for a liquor license. Although the current PUD would allow liquor to be served at the clubhouse by caterers with a State license, staff supports the residents' request that the amended PUD prohibit serving liquor on the golf course premises and restrict alcoholic. beverages to beer and wine. The clubhouse currently has a beer and wine .license issued by the :City. E. Proposed Banquet Facility Deck and Possible Modifications: The developer's architect has submitted a revised plan reducing the size of the deck from 20 feet to 10 feet in width on the west side of the banquet facility. In response to an additional issue regarding noise raised by the residents at the September 9, 1999 neighborhood meeting, the developer has further modified the floor plan completelyeliminating the deck area on.the westerly side of the facility and doors originally proposed on the southwest side of the banquet facility. Also, an airlock entryway has been included between the proposed southeasterly • deck and the banquet facility to act as a noise barrier between the deck and the banquet facility. F. Include a Sidewalk from the Pedestrian Trail near the Clubhouse to Innsbrook Drive: Staff reviewed the original PUD which showed an on-street trail corridor along the northeast side of the parking lot. An on-site inspection by staff confirmed that the trail was constructed according to the original PUD. Associate Planner Dempsey noted that the second neighborhood meeting held on September 9t"provided an opportunity for the residents to identify the issues that they felt were most important to them in terms of land use. Prior to adjourning, a written list of issues and suggestions dated September 9, 1999 (Exhibit L of September 10, 1999 Planning Report) were then presented to staff from the approximate 40 Crystal Lake Golf Estates residents and their attorney, Mr. Glenn Nord. Those issues and staff responses are as follows: 1. Placement of Banquet Facility Below Grade: The basement level of the clubhouse currently serves as storage area for golf carts. The lower le~tel also would be lower quality space and would present too many architectural challenges for remodeling into a banquet facility. • Planning Commission Meeting Minutes September 16, 1999 Page 11 2. Reduce Capacity of Banquet Facility to 175 Persons: The residents requested that the developer reduce the capacity of the banquet facility which would result in the elimination of the ten parking spaces proposed along the west side of the existing lot The developer has. submitted a revised parking lot plan showing the ten parking spaces relocated to an area next to the clubhouse without reducing the currently proposed 224-person capacity. 3. Hours of Operation: (addressed earlier in Item B.) 4. Noise Reduction: The residents recommended that all proposed decking. be removed from the building plan and restrict access to the existing deck through the existing Grill area. The developer has agreed. to and will be required to: 1) design the windows so that they cannot be opened; 2) soundproof the building beyond minimum building code requirements; and 3) require one (1) uniformed Lakeville Police officer on the premises for each event(s) when there are 150 patrons or more using the banquet facilities. 5. No Intoxicating Liquor: • .The developer has. agreed and staff is recommending a stipulation of the PUD amendment that prohibits intoxicating liquor from being consumed on the premises. 6. Speed Bumps on Innsbrook Drive: Staff does not recommend speed bumps as road features or traffic control devices on any streets in the City of Lakeville. Speeding is considered a police department enforcement issue. 7. Completion of Public Trailway System Connecting Innsbrook Drive and Ironwood Circle: As addressed earlier, trailway plan of the original PUD has been constructed as approved with the sidewalk ending in the parking lot and continuing as an "on- street" sidewalk to Innsbrook Drive. 8. Require Window Coverings on all Windows. to Restrict Light Glare. to the. Neighborhood: The interior layout of the banquet facility is such that the windows face southeast onto the golf course. The west facing elevation of the banquet facility is screened by the interior walls and rooms. between the banquet facility front door and .the banquet room. No residences will have direct visibility to the banquet facility . lights. Planning Commission Meeting Minutes September 16, 1999 Page 12 9. Augment the Existing and Proposed Landscaping Between the Parking Lot and Innsbrook Drive: Proposed landscaping significantly increases the amount of landscape screening on the property. 10. Establish a Local Contact Person who can be Called by Residents Observing Violations of the PUD Amendment: Staff recommends that the Lakeville Police Department be contacted if any violations occur while the facility is in use. In the case of major events of over 150 people, the Police Officer on duty should deter any violations. 11. Establish a Homeowner Association to Work with Developer/Golf Course Personnel The City has no authority regarding the establishment or enforcement of homeowner associations. However, in a letter dated September 14, 1999, Scott Beasley, Vice President of American Golf Corporation, stated they had contact with two neighborhood residents and they have agreed to be available to meet with two to three resident spokespersons for the neighborhood on asemi-annual or annual basis to discuss any issues that the homeowners would like to address. 12. Require Notification to Homeowner Association of Future Zoning Actions Simultaneously with Submittal of Application: The City has consistently required neighborhood meetings for significant land use applications prior to public hearing. Staff stated that these notification requests were beyond State statute requirements. 13. Correct Drainage Problem along Ninth Fairway: City staff resolved the drainage issue in response to the request of a property owner on Ironwood Circle. Staff noted that a berm has been constructed and sodded to direct drainage away from the problem area. This issue is not related to this application. 14. Mowing and Maintenance of Outlot and Boulevard: Staff supports this suggestion from the Crystal Lake Golf Estates neighborhood and is recommending that the golf course management maintain grass and remove weeds on the golf course outlot on the upper slope and boulevard across from 16726; 16730, 16734 Innsbrook Drive as a stipulation of the PUD .amendment. Associate Planner Dempsey presented his memorandum, dated September 16, 1999, as an update to the September 10, 1999 Planning Report supplement. Dempsey noted that this update provided clarification to sections of the September 10, 1999 report as requested by Planning Commission members. Jeff Hultgren, representing J,.C. Holdings, Inc., referenced the letter from American Golf Corporation who has requested a modification to staff's recommendation for the .Planning Commission Meeting Minutes September 16, 1999 Page 13 • hours of operation; however, Mr. Hultgren stated he is in agreement with all. stipulations recommended by staff. Chair Drotning restated to those in attendance that the public hearing for application of J.C. Holdings, Inc. for a PUD amendment was closed at the August 19th meeting. However, Chair Drotning indicated that the Planning Commission was willing to hear additional testimony from one representative of the neighborhood. Associate Planner Dempsey presented the following nine letters from residents and. American Golf, lnc, for submittal to the Planning Commission and included in the public file. Letters and a-mails include: 1) Neal and Mary Simonson, 16599 Imperial Court, residents: August 13, 1999 2) Rich Nathan, Regional Director, American Golf Corporation: August 26, 1999 3) Ann Brucciani Lyon, 16811 Ironwood Circle, resident: August 29, 1999 4) Ann Brucciani Lyon: September 1, 1999 5) Scott Beasley, Vice President, American Golf Corporation: September 2, 1999 6) Gary Carlson, CRS, Coldwell Banker Burnet: September 2, 1999 7) Neal and Mary Simonson: September 7, 1999 8) Ann Brucciani Lyon, 16811 Ironwood Circle, and Diane Simonpietri, 16851 Ironwood Circle, residents: September 9, 1999 9) Diane Simonpietri: September 9, 1999 10) Ursula Sailer, CRS, Edina .Realty: September 9, 1999 11) Rich Nathan, American Golf Corporation: September 9, 1999 12) .Gary Carlson, 16702 Innsbrook Drive, Dale Myer, 16702 Innsbrook Drive, and David A. Simonpietri III, .16851 Ironwood Circle, residents: September 9, 1999 13) Patti Brion, 16726 Innsbrook Drive, resident: September 10, 1999 14) Rich Nathan, American Golf Corporation: September 10, 1999 15) Neal and Mary Simonson: September 10, 1999 16) Jay Fredericks, 16746 Ides Circle, resident: September 10, .1999 17) Donna and Jim Powell, 16822 Ironwood Circle, residents: September 12, 1999 18) Jean Myer and Fred Hermanson, 16737 Innsbrook Drive, residents: September 15, 1999 19) Scott Beasley, American Golf Corporation: September 14, 1999 20) Scott Beasley, American Golf Corporation: September 15, 1999 The Planning Commission acknowledged receipt of the above correspondence and requested they be entered into the permanent record. Planning Commission Meeting Minutes September 16, 1999 Page 14 . Chair Drotning requested that the neighborhood representative present comments and keep them direct and succinct. He indicated there has been a lot of dialogue and rhetoric regarding this project and the Planning Commission and staff have received adequate correspondence from all concerned ,parties and are aware of the general feelings of the neighborhood. Mr. Glenn Nord, attorney, addressed the Planning Commission on behalf of the Crystal Lake Golf Estates neighborhood. Mr. Nord requested that the Planning. .Commission table action on,the PUD Amendment application. He indicated his belief that there has not been enough time to thoroughly review all the issues.. For example, he was not able to review the multi-page update to the September 10, 1999 Planning Report that was distributed #his evening. Staff noted that the hand-out was not an amendment to the Planning Report but an update clarifying specific statements in the original report. Mr. Nord further indicated he needed additional time to research. the. Zoning Ordinance and how it relates to the applicant's request. He stated that the decision of the Planning Commission would impact a neighborhood that represented multi-millions of dollars of investment in their homes. Mr. Nord. stated. that in his letter to the City, dated August 23, 1999, reiterating his . statement made at the August 16, 1999 public hearing that it is his belief that whatever application has been made practically amounts to a rezoning. Mr. Nord noted that this is an important statement that was omitted from the August 16, 1999 Planning Commission meeting minutes. He stated his official request that this comment be included in the minutes and 'become a part of the public record as his opinion of the proposed action. Mr. Nord stated further that, in his August 23~d correspondence, he requested clarification of standards set forth in applicable Lakeville ordinance that the developer must meet in order for the application to be granted, the criteria that the Planning Commission must apply when reviewing .PUD amendments, and what percentage of votes of the City Council is required to grant a PUD amendment. Mr. Nord noted that he did not receive a response from the City regarding these questions. Mr. Nord indicated that what he was trying to avoid was for him to have to tell the Planning Commission what the citizens' view of what the standards are that the Planning Commission must adhere to and then enter into a debate with staff and the City's legal counsel regarding their interpretation of the requirements. Mr. Nord noted that he received a response from staff, however the criteria that the Planning Commission must apply when considering action on PUD amendments was not included in the letter. Further, Mr. Nord indicated he researched the ordinances and found that in his opinion a PUD amendment requires a 4/stns vote of the City Council Planning Commission Meeting Minutes September 16, 1999 Page 15 S Mr. Nord read excerpts from the CityZoning Ordinance from Title 11, Chapters 3 and 4 regarding Planned Unit Development and Amendment Procedures. Mr. Nord expressed his opinion that the developer has not met the submittal criteria established in Title 11-4-2, General Requirements and Standards nor has the developer complied with all of the requirements identified in Title 11-4-3, Submission. Requirements. Mr. Nord discussed the details of various ordinance requirements that he felt the developer still needed to address and submit for review. Mr. Nord noted that staff has indicated to the neighborhood that an expansion of this facility has. been anticipated since the original PUD was granted. The residents of this neighborhood have indicated that they were unaware of any future phasing of the Crystal Lake Golf Estates clubhouse when they bought their homes. Several residents have reviewed the "green book" which sets out the conditions for the original Crystal Lake Golf Estates PUD. Except for a generic reference to the banquet facility they ..found no indication that the developer planned future expansion of the banquet facility. Nor did they find any phasing plan for future development of the site as required in Chapter 11-4-3.7. The Crystal Lake Golf Estates residents relied on this information. and bought their homes thinking that this facility would not be expanded in the future. Mr. Nord stated his opinion that the Planned Unit Development is a contract between the City, the developer, and the citizens of the City. He indicated that this "contract" .does not. indicate future expansion. The "contract" in intended to be reliable and . should not be amended. Mr. Nord referenced a letter dated September 9, 1999 to the City from Ursula Sailer, CRS, Edina Realty, stating a professional .opinion as a realtor that the homeowners along the entryway to the clubhouse and the immediate neighborhood would be adversely affected and suggested that. one of the effects would be the lowering of property resale values. Mr. Nord further referenced a letter dated September 9, 1999 to the City from Diana Simonpietri, 16851 Ironwood Circle, noting that in the five years since the clubhouse facility has been open it has been a rare occasion when golf course patrons have utilized the clubhouse facility until 11:00 p.m. In her letter Ms. Simonpietri stated that the clubhouse parking lot has been empty within 30-45 minutes of sunset. Mr. Nord indicated that is in direct opposition to a statement made by Jeff. Hultgren at the public hearing where he stated that on an average night the golf course patrons utilize the clubhouse facilities .until 11:00 p.m. Mr. Nord referenced correspondence to the City dated September 9, 1999 from Gary Carlson, 16702 Innsbrook Drive, Dale Myer, 16702 Innsbrook Drive, and David A. Simonpietri III, 16851 Ironwood Circle. In this letter the committee of three indicated they were not informed of any plan to expand the clubhouse .prior to the purchase of their properties or since then until now. Mr. Nord stated his opinion that if the Plannin .Commission recommends approval of 9 the J.C. Holdings, Inc. application that would allow an expansion of the banquef facility Planning Commission Meeting Minutes September 16, 1999 Page 16 would set a precedent that it is appropriate #or an entire residential area to be rezoned. and be used as a banquet facility with the sale of liquor. Should the Planning. Commission approve this project they would be changing the current land use to a "party. atmosphere" within 'a residential arena. Chair Drotning requested clarification on the rights of the developer under the current PUD. Specifically, whether the golf facility has the right to operate 12 months out of the year, whether liquor can currently be served on the premises and hours of operation. City Attorney Roger Knutson responded that the current PUD allows the serving by caterers with a State license of hard liquor year-round. Hours of operation and serving of liquor are subject to City Ordinance and State law which allows "last call" at 12:30 a.m. and closing at 1:00 a.m. The Crystal Lake Golf Course currently has a wine and strong beer license issued by the City which is renewed on an annual basis. City Attorney Knutson further clarified that the clubhouse facility could host events and serve liquor under the existing PUD even if they would decide to not pursue an addition. to the facility. The lower level of the clubhouse could therefore be used for the purpose for which the expansion is now sought. This would be permitted under the current PUD and would not require a PUD Amendment and no review or action by the City would be required under these circumstances. • Commissioner Rieb asked if the clubhouse facility operation could, under their current rights allow a caterer to bring liquor onto the site for serving at events. City Attorney Knutson stated that the existing PUD does not limit restaurant use or beer and wine consumption to the first floor or the serving of liquor. by caterers. holding a State license. Mr. Nord stated that the City Attorney's comments are out of context noting that the developer could not serve hard liquor under the current wine and strong beer license. Mr. Nord stated that there is a requirement that the developer submit an application for a liquor license which may or may not be granted by the City Council Commissioner Wulff questioned the wording of staff recommended Stipulation No. 16 which indicates the "upper right hand corner of the room" as a good location for a designated stage area for any band that may play in the facility. Associate Planner Dempsey stated that this stipulation could be amended to read: "The. plan shall include a designated stage area in the interior wall corner for any band that may play in the facility. ~esafie~. The Planning Commission concurred. Commissioner Comer questioned whether an exit door would be required along the wall where the westerly deck is located. Planning Commission Meeting Minutes September 16, 1999 Page 17 • Mr. Wayne Hilburt, CNH Architects, indicated that they will be reviewing. the plans with the Building Official and Fire Marshal and they will comply with State Building and Fire Codes. Commissioner Rieb requested staff to clarify Exhibit M of the September 10, 1999 Planning Report supplement. Exhibit M is an aerial photo which identifies the location of the Crystal .Lake Golf Estates clubhouse proposed deck and the distance to the nearest residence. Commissioner Rieb also asked about the Brackett's Crossing banquet facility existing deck location relative to the residential neighborhood surrounding the Brackett's Crossing facility. Community and Economic Development Director Michael Sobota responded that the Brackett's Crossing existing banquet facility deck on the easterly side of the building .ranges from 580 feet to 850 feet to the nearest single family homes and townhomes. The Crystal Lake Golf Estates banquet facility proposed deck is 650 feet to the nearest single family residence. Commissioner Wulff questioned whether there is a record of any calls from the Brackett's Crossing neighborhood regarding noise or rowdiness from country club events. Ex-officio Planning Commission member and Police Officer Tim Knutson indicated that he has worked for the Lakeville Police Department for ten years and. usually works night and weekend hours. He stated he hasn't responded to a single call from the Brackett's Crossing residents regarding crowd noise or disturbances from the clubhouse in their neighborhood. Chair Drotning noted several documents indicated an intention by the developer to expand the clubhouse at a future date. He referenced page 4 of Exhibit J which is the Planning Report dated May 9, 1994 when the original clubhouse was approved by the City. Mr. Nord indicated that the Planning Report dated May 9, 1994 for the original clubhouse construction which referenced clubhouse expansion was not a part of the original PUD or: PUD Amendment. Mr. Nord then asked if this is true why was this not included in the PUD documentation that was provided to the public? City Attorney Roger Knutson summarized that if the building expansion was approved in the second amendment to the PUD, it would have been included. However, the expansion was contemplated and discussed, but not approved with the second PUD Amendment. City Attorney Knutson further clarified that the PUD is not a contract. It is a zoning. Chair Drotning asked if it is relevant whether the future building expansion was contemplated and discussed but not approved with the original PUD. City Attorney Knutson indicated that this would be determined b the Planning Y Commission. Planning Commission Meeting Minutes September 16, 1999 Page 18 i Chair Drotning stated that the marketing documents that were submitted as exhibits by the residents contradict each other. He indicated that it was his opinion that the Crystal Lake community could be marketed differently to different markets and a seller will highlight whatever is important to a potential buyer. Chair Drotning noted that the statement by the realtor who indicated there would be a negative impact on the value of the homes surrounding the golf course was subjective. He noted he had discussion with a member of the Olympic Hills Golf Course in Eden Prairie which is located within a residential neighborhood. Chair Drotning noted that you have to travel through major residential neighborhoods to access Olympic Hills and the highest value homes are all situated around the golf course and golf clubhouse. Also, in a memorandum dated August 25, 1999 from City of Lakeville Police Chief Dave Martens, Chief Martens states that he has spoken with the Hastings, Eden Prairie, and Prior Lake Police Departments regarding the golf country club communities within their respective cities that are. similar to the Crystal Lake Golf Clubhouse community in respect to residential location and clubhouse functions. Each of the police departments indicated that the use of the golf clubhouses for major events was not an issue with the local police department or neighbors in the area and there were no significant changes in police calls or police problems as a result of the golf activities or clubhouse events within. those communities. Chair Drotning also expressed his opinion that speed through neighborhoods is a city-wide problem and not unique to this proposal . Mitzi Elles, 16759 Ides Circle, stated she has lived next to Crystal Lake Golf Course .for ten years and had been told that certain things such as the proposed clubhouse expansion would never happen. Ms. Elles stated there was a public relations problem because any new homeowners would not be aware of the impending or any future expansion proposals. She further questioned why the residents were encouraged to attend the public hearing and voice their opinions on the proposal and when the .residents expressed opposition to the project the City had already pre-determined that the project would occur. City Attorney Knutson stated that State statutes and the courts cannot base land use decisions on the sentiments of landowners or neighborhoods. They must be based on the facts as presented. If a project was denied based on a show of hands the City could find themselves in a lawsuit initiated by the landowner/applicant. Commissioner Rieb stated that the Planning Commission must abide by State law and City ordinances in making recommendations to the City Council on land use decisions. However, the City and Planning Commission encourages input from the residents and other interested parties. Commissioner Rieb stated that many changes have been made to this project and other proposals within the City based on resident input. Commissioner Wulff expressed her concern regarding the noise and nuisance aspect of this proposal and requested clarification as to what has been changed to ensure minimum impact on the neighborhood with respect to noise. Planning Commission Meeting Minutes September 16, 1999 Page 19 Community and Economic Development Director Sobota related his recent discussion. with Building Official Gene Abbott regarding noise and effective says to soundproof buildings. Mr. Abbott stated that the original proposal has addressed the neighborhood's concern by eliminating windows and doors along the wall of the banquet facility that faces the residential neighborhood. A revised plan incorporated an airlock entryway into the design of the addition that will prevent noise from inside the facility from entering the deck area. The second source of noise would be a band or other entertainment that uses a microphone that could be utilized at special events. This issue has been addressed by locating the stage area along an interior wall Thirdly, other types of soundproofing can be done by way of construction techniques such as soundboards within walls. The weakest location for emitting. noise from within a structure is the windows. Triple glazing of the windows has the greatest effect on noise. Staff will .seek to employ these types of techniques that will subdue noise escaping from the proposed banquet facility. David Simonpietri, 16851 Ironwood Circle, indicated that his home is the one located 650 feet directly east of the current facility. He stated that it was his opinion that golf courses are exempt from noise or nuisance ordinances. Mr. Simonpietri stated that if this proposal is approved what would stop a golf group or wedding party from propping open doors to the deck and allow the noise to carry to the residential neighborhood. Chair Drotning responded that the outside speakers on the clubhouse were addressed • in the original PUD and compliance with the noise ordinance was required. Chair Drotning called for aten-minute break and reconvened the September 16, 1999 Planning Commission meeting at 9:10 p.m. Commissioner Kot noted that decks are found on a majority of the single family homes with many families using those decks for outside activities during warm weather. Noise that is generated from. the single family homes is not meant to be bothersome or a nuisance. Chair Drotning agreed that noise would most likely not be an issue during the winter months. Drotning expressed his opinion that the use of construction techniques that enhance soundproofing and the requirement to have a police officer on duty during large crowd events are two effective ways to address noise issues.. Chair Drotning also indicated that the Planning Commission appears to support the recommended hours of operation which should also discourage late-night activities. Drotning stated that he had recently attended a couple of weddings where he had observed many of the guests leaving after the meal has been served with a gradual decrease in number of guests throughout the evening and many patrons leaving the event prior to "final call." Chair Drotning further stated that the golf course and golf clubhouse existed when many of the current homeowners purchased their homes. They, therefore, should have been aware that certain activities are common to golf course uses, including clubhouse activities and events. Planning Commission Meeting Minutes September 16, 1999 Page 20 Commissioner Wulff stated that although this was a difficult issue she felt many of the negative impacts were being addressed. She indicated that she would not want this business to fail nor would that benefit the neighborhood either. Commissioner Rieb stated her agreement with Commissioner Wulff and reiterated that the Planning Commission reviews each proposal brought before them and makes its decisions based on what is rational and fair. The Planning Commission strives to incorporate stipulations into their recommendations to the City Council that mitigate negative impacts on any neighborhood and the entire community. Chair Drotning stated that neighborhood meetings are used to identify issues and give the developer an opportunity to address these issues in their final submittal to the City for action by the Planning Commission and City Council. Chair Drotning stated that he believes that City staff, the developer, and the Planning Commission have done the best they can to bring about a final development plan that addresses major issues raised by the Crystal Lake Golf Estates neighborhood. For a greater understanding of the issues raised by the public and staff, Chair Drotning read, for the benefit of those in attendance, each of the 19 staff recommended stipulations as listed in the September 10, 1999 Planning.Report. The Planning Commission also made the following modifications to the proposed stipulations: 1 Sti ulations No. 1 and No. 2: These sti ulations refer to the site, arkin , p p p g landscape and building location plans submitted by Pioneer Engineering. The date of the revised plan in accordance with the September 10, 1999 Planning Report will be added to each of these stipulations. 2) Stipulation No. 4: Implementation of the recommendations listed in the August 13, 1999 Engineering Report, as amended, if needed. 3) Stipulation No. 6: The doors of the banquet facility shall remain closed during activities in the banquet facility. 4) Stipulation No. 14: The hours of operation of the banquet facility shall not exceed the following: Sunday- Thursday: Stop serving alcohol at 9:30 p.m. and close at 10:00 p.m. Friday-vela-y Saturday: Stop serving alcohol at 10:30 p.m. and close at 11:00 p.m. 5) Stipulation No. 15: The windows shall be triple-glazed. and designed so as not to open. The building. will be air conditioned. 6) Stipulation No. 16: The plan shall include a designated stage area in the interior wall corner for any band that may play in the facility. Planning Commission Meeting Minutes September 16, .1999 Page 21 Chair Drotning noted that the proposed landscape plan significantly increases the amount of landscape screening on the property. The homes on Innsbrook Drive that face the parking lot currently view the screened parking lot. The proposed new parking spaces, with the exception of the low saddle area between the berm, will abut a retaining wall that will screen the cars and headlights as currently exists. There currently is no screening in the saddle area between the berms. Chair Drotning invited the property owner on Innsbrook Drive that faces the saddle area to inform the City as to how he would prefer that this low area be screened. Would he prefer a serpentine brick retaining wall or landscaping. Mr. Jon DeMars, 16714 Innsbrook Drive, indicated that he is the resident that faces the low area. Mr. DeMars stated he would. prefer heavier landscaping along the Innsbrook Drive right-of-way as a screen between the parking lot and his residence. However, Mr. DeMars further indicated his opinion that there is not enough space to accommodate the parking stalls and landscape plantings due to what he felt to be a steep grade in the area. Wayne Lamoreaux, Pioneer Engineering, presented, in detail, the survey showing the existing trail, Innsbrook Drive right-of-way, and green area along the parking lot area noting there, is approximately ten (10) feet where landscaping can be installed for screening.. Mr. Lamoreaux further noted that the existing grade is insignificant. John Brandt, attorney for the developer, formally withdrew the application for the Crystal Lake Golf. Estates 2"d Addition .final plat as originally proposed because the .realignment of the parking lot no longer requires an amendment to the Crystal Lake Golf Estates Addition plat. 99.110 MOTION by Rieb, Second by Comer to recommend to City Council. approval of the application of J.C.. Holdings, Inc. for a Planned Unit Development Amendment for an expansion of the Crystal Lake Golf Clubhouse located at 16725 Innsbrook Drive for a food and banquet addition subject to the comments in the August 15, 1999, September 10, 1999, and September 16, 1999 Planning Reports and the 19 stipulations listed in the September 10, 1999, as amended. Roll call vote was called on the motion. Ayes: Comer, Wulff, Kot, Drotning, Rieb.. Nays.:. 0. ITEM 10A: New Business: Review of Ordinance No. 659: Residential Development Moratorium Community and Economic Development Director Michael Sobota directed the Planning Commission's attention to a copy of a press release regarding the Lakeville City Council's adoption of an interim ordinance temporarily prohibiting the approval of • new residential. (single and multi-family) plats at their September 7, 1999 City Council Meeting. The ordinance will not affect building permits or residential. plats being .processed or previously approved. The ordinance also exempts senior housing. and low/moderate income housing and commercial and industrial development. The Planning Commission Meeting Minutes September 16, 1999 .Page 22 moratorium will remain in effect until May 18, 2000, or until new zoning and subdivision ordinances are adopted. Sobota indicated that the moratorium will allow the City time to bring its zoning and subdivision ordinances into conformance with Lakeville's Comprehensive 2020 Land Use Plan.. To meet the purpose and intent of the interim ordinance, David Licht of Northwest Associated (NAC) has completed a timeline for the completion of the Zoning Ordinance Update:. The recommended outline will allow the City to adopt appropriate land use controls to implement the 1998 Comprehensive Plan Update. There being no further business, the meeting was adjourned at 10:00 p.m. Respectfully submitted, Donna Quintus, Reco ing Secretary ATTEST: ` ~ ~ Karl Drotning, Chair Agenda Item 9. OLD BUSINESS Old Business: (continued from 8-19-99 PC Meeting) Crystal Lake Golf Clubhouse Expansion Crystal Lake Clubhouse 2°d Addition (16725 Innsbrook Drive) September 16,1999 Name Please Print Street Address (Please Print Phone No, s A ~ r 8 s~ ~ ~~Za ~ cv©oc~ ~t ~ l ~t u aka