HomeMy WebLinkAbout12-02-99 City Of Lakeville
PLANNING COMMISSION MEETING MINUTES
December 2, 1999
The December 2, 1999 Planning Commission meeting was. called to-order by Chair
Drotning at 6:00 p.m. in the City HaII Council Chambers.
Rolf call of members was taken:
Present: Bellows, Drotning, Comer, Wulff, Ex-Officio Tim Knutson.
Absent: Kot, Moates, Rieb.
Staff Present: Michael Sobota, Community and Economic Development Director; Daryl
Morey, City Planner; Frank Dempsey, Associate Planner; Ron Mullenbach,
Associate Planner; and Andrea McDowell Poehler, Assistant City Attorney.
The November 18, 1999 Planning Commission Meeting minutes were approved as
presented
ITEM 4: ANNOUNCEMENTS: None.
ITEM 5: Public Hearing: Kurt Weber: Conditional Use Permit Amendment
Chair .Drotning opened the public hearing for consideration of the application of Mr. Kurt
• Weber for an amendment to Conditional Use Permit No. 98-30 to allow an expansion of
an existing non-conforming home located in the R-2, Single Family Residentia~.District and
the Shoreland Overlay District ofi Lake Marion. Assistant City Attorney Poehler attested
that the legal notice had been duly published and mailed in accordance with state
statutes.
Kurt Weber, 9990.- 199t" Street, presented his request for an amendment to Conditional
Use Permit No. 98-30 to allow the construction of additions to the front (north side) and
southwest corner of the house and the construction of a deck onto his existing. non-
conforming single family home. Mr. Weber indicated that the proposed expansions meet
current Zoning Ordinance minimum side yard setback requirements.
Mr. Weber noted that the construction of the proposed additions to the house would bring
the impervious surface area to a total of 24.9% which takes into consideration the. removal
of .his existing concrete walkway. Mr. Weber indicated that he had originally requested the
..use ofpaver brick to replace.the existing concrete walkway between the house and
garage. Staff was informed by the Department of Natural Resources (DNR) that paver
brick would be an impervious surface. Therefore, Mr. Weber indicated he is proposing to
construct a wooden deck-type walkway over pervious ground cover (i.e., gravel) to replace
the existing impervious concrete walkway which would meet the requirements of the
maximum allowable impervious surface area. The DNR has: indicated that a wooden deck
or wooden walkway is considered pervious surface area if it provides separations that
allow the water to fall through to anon-impervious area below the deck or walkway.
Associate Planner Frank Dempsey presented the. staff report. He stated that there are
three existing non-conforming issues related to the subject property including minimum lot
Planning Commission Meeting Minutes
December 2, 1999
Page 2
width, minimum lot area square footage, and the existing house setback from the east.
.side property line. The subject lot was platted in 1909 and the house was constructed in
1955; therefore, the non-conforming. conditions of the subject property existed prior to the
current Zoning Ordinance requirements. Section 47.7 of the Zoning Ordinance allows. an
addition or expansion to the outside dimensions of an existing non-conforming single
family structure viva Conditional Use Permit provided the addition or expansion. meets the
setback, height and other. minimum requirements established in the current ordinance..
.Associate Planner Frank Dempsey indicated that Mr. Weber was granted. a condifronal
use permit (CUP) by City Council on September 8, 1998 that allowed the removal of a
non-conforming detached garage and construction of a new detached garage on the
property. An amendment to the original CUP is required because the detailed plans for
the proposed additions were not developed when the garage .project was approved in
1998. As shown in the revised survey, all proposed expansions meet the minimum
required building setbacks in the R-2 and Shoreland Overlay District.
Associate Planner Dempsey confirmed the DNR's determination that the proposed
wooden walkway and deck materials meet the requirements for pervious surface area.
.Therefore, Dempsey noted that the proposed site survey which identifies 24:9%°
impervious surface"area is within the maximum 25% impervious surface area permitted.
Dempsey further noted that. Mr. Weber has submitted a cash escrow to .guarantee paving
the driveway by no later than September 1, 2000.
Associate Planner Dempsey stated that if the Planning Commission recommends
i approval of the Kurt Weber application .for a Conditional Use Permit Amendment; staff
recommends compliance with the five stipulations listed in the November 24, 1999
Planning Report:
There were no comments from the audience.
99.131. MoTioN by Wulff, Second by Comer to close the public hearing at 6:.10. p.m.
Ayes: Bellows, Drotning, Comer, Wulff.
.Nays: 0.
99.132 MOTION by Bellows, Second by Comer. to recommend to City Council approval of the
application of Kurt Weber for an amendment to Conditional Use. Permit No. 98-30-for his
..property located at 9990 - 199t" Street. subject to the five. stipulations recommended by
staff as listed in the November 24, 1999 Planning Report and the Findings of Fact dated
December 2, .1999.
Ayes:: Drotning, Comer, Wulff, Bellows.
Nays: 0:
ITEM Public Hearing: Oak Corner Development: Preliminary/Final Plat,. Easement
Vacation, Rezoning, Conditional Use Permit, Planned Unit Development.
Chair: Drotning opened the public hearing for consideration of the applications of Dr. Steve
• Selchow and Dr. John Mittelsteadt for: 1) the preliminary and final plat of one commercial
lot; 2) the vacation of existing public street, drainage and utility easements; 3) the
rezoning.. of a portion of the subject property from R-2, Single Family Residential District to
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December 2, 1999
Page 3
R-B, Residential Business Transition District; 4) a conditional use permit (CUP) to allow a
.medical/dental office use in the R-B District; and 5) a planned unit development to allow
.the construction of more than one (1) principal building on a lot. Assistant City Attorney
Poehier attested that the legal notices had been duly published arid. mailed in accordance
with state statutes.
Dr. John Mittelsteadt presented the applications for the Oak Corner Development
preliminary .and final plat, easement vacation, rezoning, Conditional Use Permit (CUP),
Planned Unit Development (PUD). Dr. Mittelsteadt indicated that he anal Dr. Steve
Selchow are the co-owners of the existing medical/dental office building property located
in the southeast corner of Kenwood Trail (C.S.A.H. 50) and 1851h Street (C.S.A.H. 60).
Dr. Mittelsteadt presented a historic overview of how he and Dr. Selchow became partners
in the redevelopment of the subject parcel. He indicated that. several redevelopment
plans were explored including a shared use of the property for commercial and multi-
family residential use based on the two existing zoning classifications on the property.
However, after discussions with City staff and subsequent review of the City's
Comprehensive Land Use Plan Update, they revised their proposal to redevelop the site
for a low profile medical/dental office use. Dr. Mittelsteadt noted that they looked at a
number of different options for building and parking. lot placement on the site and they
chose the current plan because if retains. the natural beauty of the property and includes a
building design that is compatible with the existing residential neighborhood environment.
Dr. Mittelsteadt indicated that he and Dr. Selchow have hosted two neighborhood
meetings related to their proposed medical/dental office use plans. The first meeting,
held in December of 1997, included the development of a new office building. and six
multi-family units. No neighbors were in attendance at this meeting. A second meeting,
held on November 23, 1999, included a presentation of the current plan for two office
buildings and no residential uses and was attended by eleven area property. owners.
Several issues were raised by the residents. Dr. Mittelsteadt indicated that the proposed
plan can be modified to address some of the issues raised by the residents.
City Planner Daryl Morey presented the staff report. Mr. Morey. stated. that Drs. Selchow
and Mittelsteadt own the existing medical/dental office building and five-acre parcel
located in the southeast corner of Kenwood Trail and 1851h Street. The Oak Corner
redevelopment proposal includes the removal of the existing office building and parking lot
and the construction of two 8,200 square foot medical/dental office buildings in its place,
the relocation of the existing driveway access at 185ti" Street to the east end of the.
property, and the. relocation of their existing monument business sign to meet setback
requirements. The proposed plan requires the City's consideration of applications for a
preliminary and final plat, the vacation of existing easements, a rezoning, a conditional
use permit and a planned unit development.:.
City Planner. Morey indicated that public street, drainage and. utility easements currently
exist within the proposed Oak Corner Development preliminary and final plat boundaries.
• Consistent with City policy, new boundary drainage and utility easements-and street right-
of-way will be dedicated on the final plat.
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December2, 1999
- Page 4
City Planner Morey noted that the subject property is currently zoned both R-B,
Residential Business Transition District and R-2, Single Family Residential District. The
R-B District zoning covers the existing building and site improvements in the northwest
corner of the property with the remainder of the property zoned R-2 District. The
developer's request to .rezone the entire. parcel to an R-B District zoning classification is
consistent with the commercial land use classification and district recommendations in the
1998 Comprehensive Land Use Plan Update and is the least intensive commercial use
allowed in the Zoning Ordinance..
City Planner Morey indicated that Drs. Mittelsteadt and Selchow are proposing to
preliminary and final plat the five-acre parcel of land into one commercial lot on one block.
The proposed 3.61-acre commercial lot exceeds the R-B District lot width and area
requirements. The preliminary and final plat includes a 60-foot street right-of-way
dedication for the east half of Kenwood Trail and 75 feet of south half .right-of-way for
185t" Street.
A conditional use permit-is required to allow the proposed medical/dental use in the R-B,
Residential Business Transition .District. City Planner Morey stated that the Zoning
Ordinance requires approval of a planned. unit development for two principal buildings on
one lot. Mr. Morey presented the details of the proposed site plan including proposed
parking stalls and parking lot design, access to the site, screening and landscaping,
building type and exterior materials, freestanding sign location and site lighting. He noted
that driveway access to the site will be relocated to the eastern end of the site. The City is
discussing with the adjacent homeowner to the east, Ms. Vogelpohl, possible purchase of
her house because the. County's planned future upgrade of 185t" Street will result in an
extremely non-conforming setback for-her existing. house.. If her property is purchased,
the developer has agreed to relocate the Oak Corner Development driveway to Ms.
Vogelpohl's existing driveway access onto 185t" Street when 185t" Street is upgraded in
the future. If title to her property is obtained prior to the medical/dental office site
improvements, the developer will relocate the driveway access to Ms. Vogelpohhs existing
driveway access with the development of the two office buildings.
City Planner Morey stated that if the Planning Commission recommends approval to the
City Council of the Oak Corner Development preliminary and final .plat, easement
vacation, rezoning, conditional use permit, and planned unit development applications,
Community and Economic Development staff recommends compliance with the 12
stipulations as listed in the November 24, 1999 Planning Report.
Chair. Drotning opened the hearing for public. comment.
Patty .Johnson, 18701 Jasper Way, stated that she lives in the Lakeview Heights Addition
to the east of this site and noted that she and some of her neighbors had not been notified
by .mail of the neighborhood meeting or the public hearing. Ms. Johnson stated her
concern. for the safety of children who are picked up and dropped off on 185t" .Street at the
entrance to her subdivision. She stated her belief that the proposed commercial use of
the ~roperty on the corner of 185t" Street and Kenrick Avenue will increase traffic along
185" Street and, therefore, will make it unsafe for children to cross 185t" Street as well. as
making it difficult for residents in the Lakeview Heights area to make a left turn onto 185tH
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December 2, 1999
Page 5
Street. Ms. Johnson also stated it was her belief that the proposed commercial use of this
property willnegatively affect property values ofithe abutting residential. homes.
Assistant City Engineer Tim Hanson stated that 1'85t" Street is identified as a minor arterial
(high density) roadway in the City's .Comprehensive Transportation Plan with. ultimate
..upgrade anticipated to be a four lane divided urban roadway. He noted that current traffic
counts on 185" Street are currently low, but are expected to increase to 21,000 Average
Daily .Trips (ADT) in 2020 for Kenwood Trail and to 17,000 ADT in 2020 for 1851".Street.
The proposed commercial use of this site for amedical/dental facility will generate a low
.traffic volume and would be comparable to residential development....
Assistant City Engineer Hanson indicated that the Lakeview Heights neighborhood. may
want to contact the school district and voice their concerns for the safety of the current
bus stop location on 185t" Street. Mr. Hanson further noted that recent installation of
traffic signals at the Kenwood Trail/185th. Street intersection will ease.issues regarding
vehicular access onto 185t" Street.
Assistant: City Engineer Hanson also noted that the proposed commercial redevelopment
site ~lan identifies an eight-foot bituminous trail extending east from Kenwood Trail along
1851 Street to the proposed driveway. This signal provides a safe pedestrian crossing at
Kenwood Trail and 185t" Street.
Community and .Economic Development Director Michael Sobota noted that whether new
developments will have a negative affect on abutting property values is difficult to prove
• legally. He cited court cases where it could not be proven that there is a negative impact
on residential property values when those properties are located next to a gravel mining
.use.
Denise Wolff, 18640 Kenwood Trail,. tated that her home is located on a 2'/z -acre lot
.,directly south of the subject property. Ms. Wolff indicated that none of the: residents that
attended the neighborhood meeting were aware that this property was guided for
commercial use. She expressed disappointment that the neighborhood had not been
notified when the Comprehensive Land Use Plan Update was being reviewed in 1998.
Ms. Wolff. stated her concern forthe amount of trees currently located on the southerly
portion of the site that are proposed to be removed. She noted her property is located
approximately 390 feet from 185th Street and she believes the removal of trees to allow for
.the construction of the two proposed buildings will result in a higher noise level from traffic
on 185t" Street.. Other concerns noted by Ms. Wolff included the proposed 25-foot height
of parking light fixtures, .parking lot size, and security of the parking lot after office hours.
She recommended that the parking lot lights be turned .off after business hours.
Mary Lally, 1.8609 Jasmine Way, .indicated that she lives east of the subject site: Ms. Lally
stated that when she purchased her .home. she was led to believe that only one acre of
this .site was zoned for: commercial. use. Ms. Lally expressed concern for the effect. of this
commercial development on residential property values and noise issues. She
• recommended that a chain be placed across the driveway after hours to prevent. vehicular
access to the site..
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December2, 1999
Page 6
Robert Wolff, 18640 Kenwood Trail, stated his belief that the proposed grade change wilt
affect the roots of the existing oak trees that are proposed to be preserved. Ne noted that
disruption to tree roots introduces diseases to those trees which then travels to other trees
in the area.
Grant Jacobson, project engineer, responded that several iterations were considered prior
to the final proposed design which were. all directed to lessen impacts to grading and
minimizing tree loss. The final plan meets the City's standards for parking stalls,. parking
lot and building setbacks, and building design. Minimum grade change is proposed and
the trees that are. being .preserved are at final proposed grade.
Community and Economic Director Sobota responded that the tree .preservation plan for
Oak Corner. Developmentindicatespreservation of a significant number of existing trees
on the east and south sides_of the site. Sobota indicated that residential development of
this site would have a greater impact on trees. City Planner Morey indicated that the Oak
Corner Development tree preservation efforts are much greater than atypical
commercial/office development.
Mr. C.J. Hansen, 2921 Rainier Circle, Burnsville, a realtor for Edina Realty located at
17595 Kenwood Trail, questioned whether the fill proposed for the parking lot will impact
the drainage of the site toward the tree line. He stated that trees will be lost if water is
allowed to pond.
• Grant Jacobson stated that the proposed drainage pattern for Oak Corner Development
remains the same as currently exists. Details of the grading and drainage. pattern for this
site are discussed in the November 24, 199.9 engineering report. Mr. Jacobson stated that
no drainage will pond in any tree area.
There were nd further comments from the audience.
99..133 MOTION by Wulff, Second by Corner to close the public hearing at 7:20 p.m.
.Ayes: Comer, Wulff, Bellows, Drotning.
Nays: 0.
Ex Officio Planning Commissioner Knutson responded to resident concerns regarding
safety issues relative to the parking lot. Mr. Knutson indicated that business parking lots
are typically patrolled at night and that empty parking lots are safer if the lights remain on
throughoutthe night. Businesses are checked often by the police. when. they are closed.
Mr. Knutson stated .that he would not recommend chaining off accesses to business
parking lots as this would become a protection issue for fire and police emergencies.
Chair Drotning stated he is a business owner and indicated. that from a business owner's
perspective there is a preference that police and .fire personnel have full access to a
business site.
Commissioner Wulff stated her opinion that the developer is proposing a quality low
impact,office development which proposes building materials and design that will blend.
well with the existing residential neighborhood.. Ms. Wulff indicated that 185t" Street is
Planning Commission Meeting Minutes
December 2, 1999
Page 7
designed. for high volume traffic; however, the proposed medical/dental use should not
generate a significant amount of additional .traffic. Commissioner Wulff asked if the
developer. would be willing to plant additional spruce trees if gaps were discovered
between the Wolff residence and the office use after tree removal is completed consistent
with the approved tree. preservation plan.
Dr. Mittelsteadt indicated his agreement to work with the property owner to the south to
attain-maximum tree buffer between the two properties.
After further discussion the Planning Commission agreed to the 12 stipulations listed in
the.November 24, 1999 Planning Report with the addition of Stipulation No. 13 to read as
follows: "Additional evergreen trees shall be planted along the south side of the
handicapped parking area between the Oak Corner Development site and the property` to
the south. »
Ms. Wolff indicated that she was not satisfied that the additional trees will buffer traffic
noise from 185th Street to her property. She requested reducing the parking lot size,
shifting the parking lot to the south, and installing berms on the north and .south sides of
the parking lot.
Assistant City Engineer Tim Hansom- indicated that site drainage would be impacted if a
berm.. were to be .installed on the south side of the parking lot as suggested by Ms. Wolff.
9.134 MOTION by Wulff, Second by Comer to recommend to City Council approval of the Oak
Corner Development preliminary and final plat, easement vacation, R-B rezoning,
conditional use .permit, and planned unit development subject to the 12 stipulations
recommended by staff as listed in the November 24, 1999 Planning Report with the
addition of Stipulation. No. 13 as discussed above and approval of the .Findings of Fact
dated December 2, .1999.
Ayes: Wulff, Bellows, Drotning, Comer.
Nays: 0.
IrEnn 7: Gilb Fitzpatrick Addition -New Horizon Day Care: Easement Vacation,
Preliminary/Final. Plat, Conditional Use Permit
Ghair Drotning opened the public. hearing for consideration of the applications of G & F
Holdings, L.L.P. for: 1) the vacation of an existing public drainage and utility easement;.
2) the preliminary and final plat for the Gilb Fitzpatrick Addition; and 3) a conditional use
permit (CUP) to allow a day care use in the. B-4, General Business District. Assistant City
Attorney Poehler attested that the legal notices had beendulypublished and mailed in
accordance with state statutes.
Chair _Drotning indicated that both he and Mr. Gilb are in the automotive service industry.
Chair Drotning further noted that even though they are both in the automotive service
business he does not consider his participation:. in the review of Mr. Gilb's applications a
conflict of interest because he has no financial interest in the Gilb project.
Planning Commission Meeting Minutes
December 2, 1999
Page 8
Dave Johnson, Realtor, introduced the developmentteam for the proposed Gilb
Fitzpatrick Addition applications. Grant Jacobson, project engineer, Heidi Granke, project
architect, Roger & Jane Gilb, plat developers, and Mark Hotzler, day care developer, were
in attendance to answer questions regarding the applications of G & F Holdings, L.L.P. for
a preliminary and final plat of Gilb Fitzpatrick Addition, the proposed drainage and utility
easement vacation, and a conditional use permit (CUP).
Mr. Johnson indicated that the development of the proposed Gilb Fitzpatrick Addition for
commercial uses on the northern one-third of the site and medium density residential uses
for the southern two-thirds is consistent with. the 2020 Land Use Plan. The subject site is
:located south of 202"d Street and west of Iberia Avenue. The existing Roger Gilb's Auto
Repair will be-located. on Lot 1, Block 1 and a day care facility use is planned for Lot 2,
Block 1 of the proposed development.. Proposed Outlot A of the plat wi11 be reserved for
future medium density residential development..
Heidi Granke, project architect, indicated that Towne & Country Center,. L.L.C. is
proposing to relocate the New Horizon day -Care Center currently located in downtown
Lakeville to the new site in the proposed Gilb Fitzpatrick Addition development. The
proposal includes the construction of a 10,200 square foot day care facility an Lot 2, Block
1 of the proposed plat. Ms. Granke presented the site design drawings displaying
locations of the proposed building and parking lot, landscaping, trash enclosure and
signage. Ms. Granke also presented the elevations of the proposed building and sign
which has incorporated design features compatible with the Heritage Commons
commercial development and Provincial Bank.
Associate Planner Ron Mullenbach presented the staff report. Mr. Mullenbach indicated
that, in conjunction with the preliminary and final plat, easement vacation, and CUP.
requests, three administrative subdivision/lot combinations will be required to: 1) deed
remnants of .land next to 203rd Street West to adjoining property owners; 2) split off future
right-of-way for 205t" Street West from an adjoining .property owner; and 3) to allow.
foundation construction for theproposed day care facility .prior to final plat approval The
administrative subdivisions are administrative procedures that will be processed. by staff in
conjunction with the preliminary and final plat process.
Associate Planner Mullenbach indicated that a publicdrainage and u#ility easement
currently exists alohg the westerly property line of Roger Gilb`s Auto Service site within the
proposed Gilb Fitzgerald Addition preliminary plat boundaries. New lot line easements will:
be dedicated on the final plat for all lots and blocks.
Associate Planner Mullenbach noted that G & F Holdings, L.L.P. is .proposing to
preliminary plat 10.64 acres of land into two lots and one outlot on one block which will
include the dedication and .construction of 203rd Street and identifies the future location of
205t" Street as a cul-de-sac. Town & Country L.L.C. is proposing to cohstruct a day care
facility on Lot 2, Block 1 of the proposed development. The existing Roger Gilb's Auto
Repair will be located on Lot 1, ,Block 1 of the proposed plat..: The two platted lots will
i maintain their current B-4, General Business District zoning status to accommodate the
intended uses. The two proposed commercial lots meet the minimum lot area and width
requirements of the B-4 District. The one R-5 District lot included in the preliminary and
Planning Commission Meeting Minutes
December 2, 1999
Page 9
:final plat will be dedicated as street right-of-way far 203~d Street. A rezoning of this parcel
is not required. 203~d Street will be constructed as part of the improvements for this
project and will. serve as access to all lots within the final plat as well as future
redevelopment of the parcels. west of this subdivision. Except for. a temporary.
construction access, no driveway access will be permitted onto C.S.A.H. 50.
Mr. Mullenbach indicated that proposed Outlot A of the preliminary and final plat>is
approximately five acres in size and includes area for future townhouse development and
future 205t" Street right-of-way to serve the townhouse development. The future medium
density residential development is consistent with the 2020 Land lJse Plan.
Associate Planner Mullenbach stated that Towne and Country. Center, L.L.C. is proposing
the construction of a 10,200 square foot day care facility on,Lot 2, Block 1, Gilb Fitzpatrick
Addition. Day care facilities which serve more than 12 persons are permitted in the B-4
District via a conditional use permit (CUP). The proposed day care#acility will meet or
exceed all lot and setback requirements of the B-4 District.
Mr. Mullenbach presented the details of the staff report indicating that the day care facility
is in compliance with Zoning. Ordinance standards for landscaping/screening, parking
stalls, and setbacks for the proposed building, parking lot, and signage. Mullenbach
requested Planning Commission consideration for an amendment to Stipulation No. 10 in
the Planning Report. The stipulation should specify that all exterior lighting utilize high
pressure sodium lamps.
.Associate Planner Ron Mullenbach stated that if the Planning Commission recommends
approval to the City Council of the Gilb Fitzpatrick Addition preliminary and final .plat,
easement vacation, and. conditional use permit applications, Community and Economic
Development staff recommends compliance. with the 16 stipulations as listed in the
November 24,.1999 Planning Report, including the revised Stipulation No. 10 as
discussed earlier.
Chair Drotning opened the hearing to hear public testimony.
Mr. Dale Schamens, 9056.202"d Street West, indicated he is the owner of the property
immediately east. of the proposed day care. Mr. Schamens expressed concern that
adequate screening is not being provided between the proposed day care parking lot and
playground area and his property that would discourage children-from wandering onto his
property. Mr. Schamens indicated his concern was for the safety of the children as well as
the liability for any incidents that could occur on his property. Mr. Schamens asked if the
day care developer would be willing to consider fencing or some other type of berming
between the day care site and his property. Mr. Schamens also requested clarification as
to where the snow storage will be located on the site expressing concern. for the potential
thatit could be stored on his property.
There were no further comments from the audience.
9..135 MoTioN by Bellows, :Second by Comer to close the public hearing at 8:55 p.m.
Ayes:. Bellows,-Drotning, Comer, Wulff.
Nays: 0.
Planning Commission Meeting Minutes
December 2, 4999
Page 10
The developer and staff responded to questions from the Planning Commission with
details regarding internal circulation patterns for vehicle and bus pick-up and drop-off
locations, snow storage, ultimate street construction and access to the site as well as the
non-conforming status (residence in B-4 District): and future redevelopment of property
directly west of the subject site.
The Planning Commission. concurred with staff's recommendation regarding site Fighting
by amending Stipulation No: 10 by adding the following: "All proposed exterior light
fixtures shall utilize high pressure sodium lamps. "
Mark Hotzler indicated that normal snow storage. could be accommodated on site.
..However, in the event of above normal snowfall, the snow would most likely be trucked
..off-site. Snow removal is contracted out and this snow removal policy will be a part of the
snow removal contract.
After further discussion, the Planning. Commission agreed to add Stipulation No. '17 to
read as follows: "The -Site and Landscape Plan for the New Horizon day care facility shall
be amended to provide adequate snow storage areas."
Commissioner Wulff indicated that Mr. Schamens' property is currently zoned B-4,
General Business District. Ms. Wulff stated that if the subject "property were zoned
residential she wouldbeinclined to recommend additional screening or fencing between
the two. properties. The Planning Commission agreed .that a recommendation for
supplementary screening. could not be justified in this case.
99.136 MOTION by Wulff, Second by Bellows to recommend to City Council approval of the joint
applications of G & F Holdings, L.L.P. and Towne and Country Center, L.L.C. for the
vacation of public drainage and utility easement,-the Gilb Fitzpatrick Addition. preliminary
and final plat, and a conditional use. permit to allow a day care facility use in the B-4,
General Business District subject to the 16 stipulations recommended by staff as listed in
the November 24, 1999 Planning Report with a modification to Stipulation No. 10 and the
addition of Stipulation No. 17, as discussed above, and the Findings of Fact for. approval
of the conditional use permif dated December 2, 1999.
Ayes: Drotning, Comer, Wulff, Bellows.
Nays: 0.
Additional Comments:
Chair Drotning stated that he had reviewed the minutes of the December 2"a Planning
Commission meeting regarding.the Planning Commission's recommendation to City
Council on proposed standard language for "boiler plate" development contracts for future
projects within the City. Mr. Drotning indicated that he is in full agreement with
Commissioner Wulff's reason for her negative vote on MorloN 99:130 concerning
.proposed language restricting membership on City commissions or committees. Drotning
stated he agrees with comments made by Commissioner Wulff at that meeting that
qualifications for membership on the City Council and Planning Commission should. be
restricted as proposed by legal counsel However, to restrict contractors and business
Planning Commission Meeting Minutes
December 2, 1999
Page 11
owners from serving on other committees in City government would prevent the City from
• gaining valuable insight and expertise of business, engineers, surveyors, and other
personnelthathave potential involvement on some level in development projects.
Commissioner Bellows .expressed. concern regarding a statement made at the public
hearing regarding the Oak Corner Development project by a resident who indicated that
she and several of her neighbors were not notified by mail of the public hearing for this
evening. Bellows requested that staff provide a map at future public hearings thaf
delineates the properties located within 500 feet of the site and project under review that
were included in the public hearing mailed notification. Commissioner Bellows stated that
thisrnap would eliminate confusion as to whether the mailings were completed in
accordance with state and city requirements and indicate to those in attendance at public
hearings whether their property is-actually within the 500-foot notification area. Staff
responded that a map could .easily be provided as a part of the project review staff
reports.
There being no further business, the meeting was adjourned 9:10 p.m.
Respectfully submitted,
onna Quintus,"R ordng Secretary
• ATTE
Karl Drotning, Chair