Loading...
HomeMy WebLinkAbout02-19-98 \ ~ City Of Lakeville r ~ PLANNING COMMISSION MEETING MINUTES t_ ~ .February 19, 1998 The February 19, 1998 Planning Commission meeting was called to order by Chair Rieb at 6:00 p.m. in the City Hall Council Chambers. Roll call of members was taken: Present: Miller, Kot, Wanner, Rieb, Cecchini, Wulff. Absent: Ex Officio Member Bellows. Also present: Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development Director; Daryl Morey, City Planner; Frank Dempsey, Associate. Planner; Tim Hanson, Assistant City Engineer; Roger Knutson, City Attorney; and Donna Quintus, Recording Secretary. The minutes of the January 22, 1998 Planning Commission Meeting were approved as presented. ITEM 4A: ANNOUNCEMENTS Community and Economic Development Director Michael Sobota advised that the applicants for the Malmberg Bond preliminary and final plat and the Children's World Learning Centers conditional use permit have formally requested that the Planning • Commission table action on their proposals this evening. Sobota indicated to those in attendance regarding this public. hearing that staff will be recommending that the Planning Commission continue this hearingto the March 5, 1998 Planning Commission meeting and that details of the proposed development and day care facility will be presented at that meeting. ITEM 5: PRESENTATION: A. Comprehensive Guide Plan Update: Inventory B. Comprehensive Guide Plan Update: Planning Tactics Planning Consultant David Licht, Northwest Associated Consultants, Inc. (NAC), presented. the Comprehensive Guide Plan Update: Inventory and Comprehensive Guide Plan Update: Planning Tactics documents for Planning Commission review and comment. Planning Consultant Licht indicated that the Planning inventory is a compilation of factual and technical data including background, trends, existing policies, and current conditions of the community and the region. The four general areas of information encompass the following: 1) Historic Background; 2) Social Profile; 3) Physical Profile; and 4) Economic Profile. The Planning Tactics document summarizes the results of interviews with City officials, staff, residents and property owners and discussions held at neighborhood meetings in which the issues and objectives were identified as to what the community would like to see addressed as part of the Comprehensive Plan Update. Additional opportunities for comments and feedback will be provided throughout the planning process. Regular Planning Commission Meeting Minutes February 19, 1998 Page 2 • Planning Consultant Licht requested that the Planning Commission review the final draft of .these documents and return with comments at the next regular Planning Commission meeting. Planning Consultant Licht also indicated that a formal recommendation to the City Council for approval of the documents, with comments, should be made at the March 5, 1998 meeting. ITEM 6: PUBLIC HEARING: Roger Bass: Easement Vacation Chair Rieb opened the public hearing for consideration of the application of Roger Bass for the vacation of a portion of an existing drainage and utility easement on land located at 16420 Kingswood Drive. City Attorney Roger Knutson attested that the legal notice had been mailed and published as required by state statute. Associate Planner Frank Dempsey presented an overview of the application. from Mr. Roger Bass, 1.6420 Kingswood Drive, for the vacation of an existing 10-foot drainage and utility easement along a former common boundary line of Lots. 3 and 4, Block 1, Kingswood Estates. The subject property is zoned R-1, Low Density Single Family Residential. and is :located within the Shoreland Overlay District of Kingsley Lake. The original two lots were combined by the property owner in 1995 to allow the construction of a porch on the south side of the existing house. However, the survey that. was submitted at the time of-the building permit application for the porch did not identify the existing drainage and utility easement resulting in the construction of the porch within the easement. Associate Planner Dempsey indicated that staff became aware of the encroachment of the existing structure into the easement with Mr. Bass' recent submittal of an Administrative Subdivision application to allow the split of the previously combined lots 3 and 4. The purpose of the proposed easement vacation is to eliminate the easement which lies under the existing porch. Dempsey further noted that approval of the vacation of the existing easement wilt allow staff to approve an administrative subdivision as requested by Mr. Bass that will require the re- establishment of adrainage and utility easement along a proposed new property line. The proposed new lot line will be aligned so that existing structures meet current Zoning Ordinance setback requirements. The proposed subdivision will also result in both lots meeting current minimum lot area requirements for the R-1, Low Density Single Family Residential District and Shoreland Overlay District. :.Commissioner Wulff questioned the reasoning for the applicant's proposal for an irregular lot line that jogs to the north at the rear of the existing property Line ratherthan a straight lot line that aligns at a 90~legree angle with the rear lot line. Staff responded that the line could be straightened and still meet minimum ordinance requirements for lot area and structure setbacks. Commissioner Miller questioned the buildability of proposed new Parcel B which appears to consist of very steep slopes as indicated on the survey dated March 21, 1995. Mr. Mark Finholt, prospective buyer of the proposed new vacant lot, responded that his architect has studied the topography of the property and has submitted a survey to City staff that identifies a proposed house pad and grading plan that shows the proposed house meets the minimum front, side, and rear yard setbacks for the R-1 District and will have less than 25% impervious surface area as required for lots within the Shoreland Overlay District. Mr. Regular Planning Commission Meeting Minutes February 19, 1998 Page 3 Finholt noted that the proposed new home will conform to the natural lay. of the land and natural drainage can be achieved. Chair Rieb opened the hearing for comments and discussion from the public. Mr. Mark Bailey, 16455 Kingswood Court, questioned where the driveway will be located with the construction of a home on the proposed new Parcel B. Mr. Bailey expressed concern for pedestrian and vehicular safety due to the existing topography of the lot and the lot's frontage along the large radius curve of Kingswood Drive which reduces sight distances. Other concerns expressed by Mr. Bailey which were related to the development of Parcel B included proposed house square footage and its affect on neighborhood property values. Community and Economic Development Director Michael Sobota indicated. that the reason for the public hearing was to hear comments and concerns regarding the vacation of the existing drainage and utility easements that traverse the existing combined parcel. Issues regarding the development of the future vacant lot will be .addressed at the time that a building permit is applied for. Driveway location, drainage, grading, erosion control, tree preservation, house design, and site plan are reviewed by both the building and engineering departments for compliance with the-City's Zoning Ordinance and building codes. Mr. Bailey requested additional clarification regarding the assessments to each property owner for the public improvement project in 1997 which extended City sewer, water, streets, and curb and gutter to the Kingswood Estates neighborhood. Mr. Bailey questioned the distribution of the project costs to each of the established lots and. to potential future lots.. Community and Economic Development Director Sobota directed Mr. Bailey's attention to a memorandum dated February 9, 1.998 that was sent to each of the Kingswood Estates residents from City Engineer Keith Nelson discussing the assessment for Kingswood Estates as related to the referenced public improvement project {Project 96-6). Any requests for further explanation of assessments or definition of the project should be directed to City Engineer Nelson. There were. no further questions or comments from the audience. 98.17 MOTION by Miller, SECONV by Wulff to close the public hearing at 6:40 p.m. Roll call vote was called on the motion. Ayes: Kot, Wanner, Rieb, Cecchini, Wulff, Miller. Nays: 0. .Commissioner Wanner also expressed concern for the location of a future driveway on proposed Parcel B and recommended that staff consider potential safety issues related to pedestrian and vehicular traffic in the design of the access to and from this lot. Community and Economic Development Director Sobota indicated that staff will take this request under advisement and will forward Mr. Bailey's and Commissioner Warmer's concerns to the appropriate City staff at the time of site plan review for this lot prior to issuance of a building permit. Staff will also consider the safety issue and determine the Regular Planning Commission Meeting Minutes February 19, 1998 Page 4 feasibility of requiring an on-site turnaround be constructed as a condition for approval of the administrative subdivision. Commissioner Wulff reiterated her request that staff research the rationale for the jogged lot line proposed in the subdivision request of the Bass property. Commissioner Wulff expressed her preference that the lot line be straightened out if at all possible. The Planning Commission concurred. Community and Economic Development Director Sobota indicated that staff will pursue Commissioner Wullf's request. If this option. is feasible a revised survey will be required with new drainage and utility easement descriptions submitted prior to City Council action on the Vacation application. 98.18 MOTION by Wulff, Second by Kot to recommend to City Council approval of the application of Roger Bass for the vacation of a portion of a drainage and utility easement on property located at 16420 Kingswood Drive in accordance with the Planning Report dated February 13, 1998. Roll call vote was called on the motion. Ayes: Wanner, Rieb, Cecchini, Wulff, Miller, Kot. Nays: 0. ITEM 7: PUBLIC HEARING: Malmberg Bond Addition/Children's World Learnin Centers Chair Rieb opened the public hearing for consideration of the application from David C. Malmberg for a preliminary and final plat ofthe Malmberg Bond Addition and the application of Children's World Learning Centers to allow a day care facility in the B-4, General Business District. City Attorney Roger Knutson attested that the legal notice had been published and mailed as required by state statute. Associate Planner Frank. Dempsey announced that the applicants far the Malmberg Bond Addition preliminary and final plat and the Children's World Learning Centers conditional use .permit have requested tabling action on these two applications. As was announced at the beginning of this meeting, Staff is recommending that the Planning Commission continue this public hearing to allow the developer and day care applicant more time to work out specific details regarding the purchase agreement for the subject property. 98.1.9 MOTI(3N by Wanner, Second by Wulff to table action and continue thepublic hearing for consideration of the Malmberg Bond preliminary and final plat and the Children's World Learning Centers conditional. use permit to the March 5, 1998 regular Planning Commission meeting... Roll call vote was called on the motion. Ayes: Rieb, Cecchini, Wulff, Miller, Kot, Wanner. Nays: 0. Item 8a: Pueuc HEARWG: Heritage Square Addition: Easement Vacation/PUD Amendment Chair Rieb opened the public hearing for consideration of the application of Wensmann Realty, Inc. for:. 1) the vacation of a portion of an existing boundary drainage and utility easement; and 2) an amendment to the Heritage Square Addition planned unit development Regular Planning Commission Meeting Minutes February 19, 1998 Page 5 (PUD). City Attorney Roger Knutson attested that the legal notice had been duly mailed and published as required by state statute. City Planner Daryl Morey presented an overview of the applications submitted by Wensmann Realty, Inc. for an easement vacation and PUD amendment for the Heritage Square Addition located west of Holyoke Avenue and north of City Hall The PUD amendment and easement vacation are being requested to allow the expansion of the building pads. for ten condominium buildings to accommodate larger garages. City Planner Morey discussed the details of the proposed revisions to the building pads and the impacts the modifications would have on a portion of an existing easement and the building setbacks of the Heritage Square Planned Unit Development which was approved by City Council on July 21, 1997. City Planner Morey indicated that the easement vacation pertains to a portion of the drainage and utility easement located within Lot 9, Block 1, Heritage Square Addition. The easement area proposed to be vacated is the south five feet of the ten-foot wide easement located on the northwest side of Lot 9. The proposed increased building pad of the condominium building located on Lot 9 would encroach 2.6 feet into the existing ten-foot wide boundary drainage and utility .easement. City Planner Morey presented the details of the request for an amendment to the Heritage Square Planned Unit Development approved by City Council on July 21, 1997. The original PUD was approved with a30-foot setback between buildings for both the townhouses and condominiums. The proposed PUD amendment would allow a 29-foot setback between all of the condominium buildings except those to be located on Lots 9 and 10, Block 1. The proposed amendment would allow a 27-foot setback between these two buildings; however, the condominium buildings constructed on Lots 9 and 10, Block 1 must be look-outs in order to meet the 27-foot building setback. Assistant City Engineer Tim Hanson indicated that there are no public utilities located within the easement area proposed to be vacated. 1n addition, all public utility companies have responded that they have no facilities within the subject easement area. Community and Economic Development staff supports the increased condominium garage size because it represents an enhancement to the development by allowing increased storage area for these units and improves their Livability. Community and Economic Development staff and Engineering. staff responded to questions from the Commission regarding typical easements and setbacks for developments and the unique circumstances associated with the Heritage Square PUD. There were no questions or comments from the audience. 98.20 Monorv by Wulff, Second by Miller to close the public hearing at 6;50. . Roll call vote was called on the motion. Ayes: Cecchirn, Wulff, M~Iler, Kot, Wanner, Rieb. Nays: 0. Regular Planning Commission Meeting Minutes February 19, 1.998 Page 6 98.21 MOTION by Miller,. Second by Wulff to recommend to City Council approval of the amendment to the Heritage Square Addition Planned Unit Development and the drainage and utility easement vacation as requested by Wensmann Realty, Inc. subject to the two stipulations as listed in the Planning Report dated February 12, 1998. Roll call vote was called on the motion. Ayes: Wulff, Miller, Kot, Wanner, Rieb, Cecchini. Nays: 0. ITEM 9: PUBLIC HEARING: Yocum Oil Company, Inc.: Preliminary/final Plat, Conditional Use Permit (PUD), and Variance Chair Rieb opened the public hearing for consideration of the applications of Yocum Oil Company, Inc.. for: 1) the Ipava Marketplace Addition Preliminary and Final Plat; 2) a conditional use permit. to allow the construction of a convenience store, gasoline station, and car wash in a B-2, Retail Business District; and 3) a variance to allow a vertical canopy 'width of 40 inches. City Attorney Roger Knutson attested that the legal notice had been published and mailed as .required by state statute. Associate Planner Frank Dempsey presented an overview of the applications of Yocum Oil Company, Inc. that would allow for the development of a convenience store, gasoline station, and car wash to be located in the southwest quadrant of Ipava Avenue and County Road 46 (162nd Street) intersection across from the Crystal Lake Elementary School IPAVA MARKETPLACE PRELIMINARY/FINAL PLAT Associate Planner Dempsey noted that the proposed Ipava Marketplace plat area consists of a 6.88-acre metes and bounds parcel .plus Outlot A, Hosanna! Addition. The proposed final plat encompasses 7.52 total acres consisting of two lots and one outlot on one block. The proposed Texaco gas station/convenience store%ar wash will be located on Lot 1. Lot 2 and Outlot A (4.17 acres) are designated for future commercial uses. Associate Planner Dempsey indicated that the entire 7.52-acre parcel is currently zoned 6-2, Retail Business District. The current metes and bounds parcel has been zoned for commercial use since 1974. Outlot A, Hosanna! Addition was rezoned from R-7, High Density Residential .District to B-2, Commercial Retail Business District as a part of the Hosanna! Addition plat approval process in 1996. Dempsey noted that the proposed Ipava Marketplace preliminary and final plat meets or ..exceeds the Zoning Ordinance B-2 District minimum lot area and lot width requirements. Mr. Dempsey further noted that the .proposed gas station use is consistent with the Comprehensive Plan which identifies the subject property's land use designation as commercial CONDITIONAL USE PERMIT . Associate Planner Dempsey noted that the Yocum Oil gas station/convenience store and car wash is the first project proposed under the newly adopted ordinance revisions regarding motor fuel sales. The new ordinance was adopted by the City Council in August 1997 after a nine month moratorium during which no building permits were issued for motor fuel facilities. The study as part of the ordinance revisions was conducted by Northwest Regular Planning Commission Meeting Minutes February 19, 1998 Page 7 Associated Consultants (NAC) and focused on the establishment of higher standards for motor fuel facilities. The City's Zoning Ordinance was then amended to reflect the recommendations of the 1997 study which allows motor fuel sales in association with convenience grocery operations in the B-2, Retail Business District via a conditional use permit and subject to specific development standards. Associate: Planner Dempsey reviewed the details of the site plan for the proposed. Texaco gas station/convenience store and car wash relative to the standards as stipulated in the newly revised ordinance.. Discussion included the following: + location of gas sales/convenience store and car wash on the site; • internal'vehicular'traffic flowpatterns on site and to and from the site; + parking; + building exterior; + Lighting; + Signage; and + outside storage. VARIANCE: Associate Planner Dempsey indicated that Yocum Oil initially proposed a vertical canopy height of 40 inches. The Zoning Ordinance allows a maximum vertical height of 36 inches for the canopy. Subsequent to the mailing and publishing of the notice for the variance public hearing, Yocum Oil has submitted a revised drawing showing an overall reduction of the canopy size, including a reduced vertical width ofthe canopy. Dempsey noted that the new canopy design shows a 36-inch canopy fascia; however, the finishing "cap" that wraps around the upper and lower sides of the canopy adds an additional one inch to the total vertical canopy height at an angle. Staff requested Planning Commission discussion to determine if the intent ofthe ordinance has been met and, therefore, whether or not a variance is needed. Tim Yocum, Yocum Oil Company, indicated that he is in agreement with the staff recommended conditions for the Ipava Marketplace preliminary and final plat and the conditional use permit to allow the construction of the Texaco gas station/convenience store and car wash in the B-2 District. Mr. Yocum expressed his gratitude to City staff for the time they spent with his company and development team to develop what he believed to be a commercial developmentthat meetsor exceeds the new standards that the City has set. Mr. Yocum introduced his father, Mr. Tony Yocum, and Ms. Rhonda Dunn, local Texaco representative and indicated they would respond to all questions and comments from the Commission and public. Commissioner Cecchini requested clarification regarding the redesign of the canopy, canopy lighting, and proposed signage on the site. Commissioner Cecchini expressed his desire that random signage on gas pumps and canopy posts, as well as free flowing flags and banners, be prohibited. Regular Planning Commission Meeting Minutes February 19, 1998 Page 8 • Ms. Rhonda Dunn, Texaco representative, indicated that signage is highly restricted in accordance with Texaco standards. Directional, safety-related, and informational signs are permitted within specific parameters that are unobtrusive to the public. Commissioner Wanner questioned whether there was sufficient turnaround area for semi and delivery trucks. Mr. Yocum referred to the site plan and noted that ample space has been provided for truck turnaround without interfering with normal vehicular traffic patterns and parking areas. Mr. Yocum stated that templates showing turning radius of truck transports. have been completed. Commissioner Kot-requested details regarding vehicular and pedestrian traffic patterns to and from the site and the impact it will have on current school bus traffic to and from the Crystal Lake Elementary School on Ipava Avenue. Assistant City. Engineer Tim Hanson responded with details regarding current traffic flow patterns, existing access to and from the school site, proposed .road improvements and access points to the gas station/convenience store, and the Hosanna! Lutheran Church current and proposed access points. Mr. Hanson discussed the details of a traffic study that was completed by SRF Consulting Group, Inc. in 1.994 that indicates anticipated traffic volumes on Ipava Avenue. The study considered-the existing church and school uses and future commercial development in this vicinity. Several recommendations were made as a result of the study regarding the design and lane configuration of Ipava Avenue, including the construction of 163rd Street to align with the southerly driveway entrance to Crystal Lake Elementary School (forming a full intersection at Ipava Avenue) as a condition for future commercial development. Assistant City Engineer Hanson noted that the 1997 SRF Traffic Study indicates that, with the recommended road improvements resulting from the Yocum development, Ipava Avenue will be able to handle 14,000 vehicles per day. -The 1997 traffic count was 3,500 vehicles per day. Commissioner Miller questioned whether outside storage is proposed with the Yocum Oil project. Staff responded that the ordinance does not permit outside storage and that Yocum Oil representatives do not indicate outside storage on their site plan. other than the permitted propane cylinder storage area near the car wash entrance. Commissioner Wulff stated her preference that the car vacuum station be relocated from the northerly boundary of the parking area to the southerly portion of the parking lot.. This would be further from the residential area and would lessen the potential for obtrusive noise in the adjacent neighborhood. Tim and Tony Yocum stated their agreement to relocate the vacuum pumps to the south .side of the parking area as suggested. A revised site plan will be submitted prior to City Council action on the conditional use permit. Chair Rieb opened the public hearing for questions and comments from the audience. Chair Rieb and Planning Commission members acknowledged `two letters submitted to the Commission from Joseph J. and Cheryl Hood Langel, 16546 Javelin Avenue, and Ms. Kelly Bankole, 10013 170th Street West, expressing opposition to the Yocum Oil development proposal for a gas station/convenience store%ar wash to be located in the southwest corner Regular Planning Commission Meeting Minutes February 19, 1998 Page 9 . of Ipava Avenue and County Road 46. Chair Rieb requested the recording secretary enter these letters as part of the permanent record for this public hearing. Tim. Johnson, 16264 Hudson Avenue, presented a petition signed by area residents opposing the proposed Yocum Oil project. Mr. Johnson noted that the petition listed the reasons for objecting to the proposed commercial development as: 1) Location: the proximity of the commercial center to the existing elementary school, church, pre-school, and proposed future church recreation center, and the commercial development encroaches into established residential/family-centered neighborhoods; 2) Child Safety: walking to and from school, increased traffic, potential for exposure to drugs, child abduction risks, and health hazards due to air pollution;. 3) Increased Traffic: hazards far parents, children, and staff at the elementary school and the church pre-school and increased traffic speeds; and 4) Diminished property values and increased potential for theft. Mr. Johnson further stated that he did not feel that another gas station/convenience store is needed and noted that approximately eight similar centers already exist within aone- to two-mile radius of this site. Mr. Ken Kossack, 161391nverness Way, expressed his opposition to this project and concurred with Mr. Johnson's belief that too many gas stations already exist along County Road 46. Mr. Kossack also expressed concern with school children's safety that would be heightened due to tanker traffic to the gas station. Community and .Economic Development Director Sobota responded that the City cannot base their decision to approve or not approve a development project based on perceived market conditions of the specific commercial development proposal. The Planning Commission deals strictly with land use issues and a property owner may develop his/her property as long as the proposal is within the parameters of the City's Zoning Ordinance. Tim Yocum stated that the proposed gas station will not carry diesel fuel and, therefore, large semi-trucks would not be a regular customer to the site. However, Mr. Yocum further indicated that Yocum Oil will. schedule tanker deliveries during off-peak school .hours with no deliveries permitted between the hours of 7;30 a.m. and 3:00 p.m. Mr. Tony Yocum reiterated his son's statement;. however, he further stated that the residents should be aware that future commercial uses on Lot 2 and Outlot A is beyond Yocum Oil's authority to restrict delivery times. Future commercial uses may negate Yocum Oil's efforts if they are not agreeable to similar terms. Mr. Marv Bryce, 16121 Logarto lane, cited noise and air pollution and property values as his objections to the Yocum Oil proposal. Mr. Bryce reiterated earlier statements regarding the number of existing gas stations already located in the vicinity. Mr. Bryce further questioned the reasons that a previous convenience store/gas station project proposed to be located across from the Christina Huddleston Elementary School Staff responded that the owner/developer of the property in question withdrew his application. Ms. Shari Pearson, 16133 Logarto Lane, questioned the safety for children walking to and from school who have to cross County Road 46. Ms. Pearson indicated she was pleased Regular Planning Commission Meeting Minutes February 19, 1998 Page 10 when the signalization was installed at Ipava Avenue and County Road 46 and anticipated that saferpedestrian crossing would result.. However, she expressed concern that the uwalk" light does not stay on long enough to ensure safe crossing for school children. Mrs. Pearson also expressed her belief that the proposed .gas station/convenience store will increase traffic and lead to even more hazardous conditions for pedestrians and school children. Ms. Pearson requested the Planning Commission to table action on the Yocum Oil proposal so that there would be more opportunity for the residents to discuss options with City staff that would lead to safer conditions. Assistant City Engineer Tim Hanson stated the City will contact Dakota County regarding the timing of the signals at Ipava Avenue and County Road 46 and request longer intervals for pedestrian crossings. Sobota also indicated that the signalization at Ipava and. CR 46 was installed prior to Dakota County's schedule for installation of lights at this corner as a result of City concerns initiated by area residents based on traffic volumes. Commissioner Rieb questioned whether residents had contacted the school district to determine whether school crossing guards could be placed at major intersections during. peak hours. Ms. Becky Peterson, 9140 -163rd Street West, introduced herself as a local resident and as a member of the Parent Teacher Organization (PTO) for Crystal Lake Elementary. Ms. Peterson indicated that the PTO discussed stationing crossing guards at the County Road 46/Ipava Avenue intersection and determined it would be too dangerous for children. Ms. . Peterson stated that the PTO discussed placing an adult crossing guard at this intersection, but she was unaware of the decision that was made. Ms. Peterson indicated she would request that the PTO-revisit this question and consider an adult crossing guard at this intersection. Ms. Peterson expressed her concern as an area resident for the traffic that she believes will be intensified with commercial development of the subject property. Mr. Tim Johnson, 16264 Hudson Avenue, re-addressed the Commission and asked whether Independent School District 194 representatives have been involved in discussions regarding this development proposal and whether or not they are opposed to the commercial zoning of this property due to its proximity across from the elementary school Community and Economic Development Director Sobota indicated that City staff has consistently been in contact with school representatives regarding this project. Mr. Lonnie Smith of the school district has indicated that the potential exists and consideration will be given for the redirection of current traffic flow patterns on the school site to alleviate any traffic congestion that may occur related to the proposed commercial development. Sobota further noted that the subject property was zoned commercial prior to ISD 194's locating a school at their current site. School district representatives were aware of the commercial zoning at the time of site selection for the elementary school. Ms. Barbara Ryan, 16140 Inglewood Drive, indicated that her property backs up to County Road 46. She expressed her opposition to the Yocum Oil proposal due to her concerns for traffic and pedestrian safety in relationship to this project. Ms. Ryan asked if the City had an resources that would increase safety at the intersection such as stationing a police officer at the intersection during school crossing peak hours. Ms. Ryan further questioned whether the City or the. County could assist her neighborhood by installing fencing/barriers along the Regular Planning Commission Meeting Minutes February 19, 1998 Page 11 rear property Lines that back up to County Road 46 that could reduce noise and alleviate traffic accident concerns of these residents. Commissioner Wulff excused herself from the dais at 9:00.p.m. City Administrator Robert Erickson presented an historical account of past actions that have occurred in the County Road 46flpava Avenue vicinity including the development of the Crystal Lake Golf Course and residential development. The actions that have been taken by the City in the past have resulted in increased open space through down zoning, City property acquisitions, traffic studies and proposed redesigns of roadways, and the installation of signalization at the Ipava Avenue/CR 46 intersection ahead of the County's schedule. Mr. Bill Huffstutler, 1b050 Inglewood Drive, questioned whether the median proposed for Ipava Avenue would be in-place at the time the gas station/convenience store opens for business. Mr. Huffstutler also reiterated his concern for noise from the vacuum pump and stated his hope that the pump will. be relocated on the sitepreferably to the south of a proposed structure to further diminish noise to the residential areas. Mr. Tarell Friedley, representing Hosanna! Lutheran Church, stated that Hosanna!. Lutheran Church representatives question the need for the construction of the north/south road as a condition for approval of the Yocum Oil proposal. Mr. Friedley indicated that future, more intense commercial use would be a more appropriate trigger for the • construction of 163rd Street. Community and Economic Development Director Sobota indicated that construction of the street at the time of the Yocum. commercial development was a recommendation of the SRF Traffic Study. Staff is recommending that the construction of this road be required for both the Ipava Marketplace development and the Hosanna! Lutheran Church expansion proposal that will be reviewed later on this. meeting's agenda. Mr. Bill Huffstutler re-addressed the Commission and stated that he believes that this development is an appropriate trigger for construction of the new street. Mr. Huffstutler also requested clarification of proposed on site lighting for the commercial site and bus traffic flow patterns. Mr. Huffstutler also questioned whether the speed limit on CR 46 could be lowered. Yocum Oil representatives discussed proposed site lighting. Ms. Becky Peterson provided information regarding current bus traffic patterns. Staff responded that MnDOT sets the speed limits for all roadways in the State of Minnesota. City Administrator Erickson indicated that the City can request aspeed/traffic study from MnDOT; however, according to the 1997 Traffic Study it is not believed that existing and projected traffic conditions will meet State warrants fora reduced speed limit on CR 46. There was no further comments Pram the audience. 98.22 MOTION by Miller, Second by Kot to close the public hearing at 9:55 p.m. Roll call vote was called on the motion. Ayes: Miller, Kot, Wanner, Rieb, Cecchini. Nays: 0. Regular Planning Commission Meeting Minutes .February 19, 1998 Page 12 • The Planning Commission concurred that the redesign of the canopy as submitted by Yocum Oil meets the intent of the ordinance and a variance will not be required. Tim Yocum, developer, withdrew his variance request. Discussion continued regarding road construction, lane configurations, the abil+ty for the Ciry to post "school hours" to alert motorists, installation of "flashing" yellow lights on County Road 46 to alert motorists of pedestrian crossing at the Ipava/CR 46 intersection, and on site lighting details. Staff responded. The Planning Commission agreed that the following stipulations for approval of Ipava Marketplace preliminary and final plat and conditional use permit for Yocum Oil be added: 1. The vacuum pump be relocated to the southerly portion of the parking area; 2. The Ipava Avenue road improvements shall be completed prior to issuance of a Certificate of Occupancy for the building; 3. The north-south street connection shall be constructed between 163rd Street and County Road 46 on the west side of Outlot A prior to issuance of a Certificate of Occupancy for the building; 4. No signage.other than those shown on the sign plan depicted on Exhibits P and Q shall be permitted on the canopy support posts and .pumps; and 5. Police Lieutenant Johnson will review-the lighting plan to determine if security issues are addressed prior to City Council action. Tim Yocum, Yocum. Oil, Inc., indicated his agreement to the additional stipulations recommended by the Commissioners. 98.23 MorioN by Miller, Second by Cecchini to recommend to City Council approval of the Ipava Marketplace preliminary and final plat and conditional use permit to allow a convenience store, gasoline station and car wash on proposed Lot 1, Block 1, Ipava Marketplace subject to the 18 stipulations as listed in the February 13, 1998 Planning Report and the five (5) additional stipulations as listed above. Roll call vote was called on the motion. Ayes: Kot, Wanner, Rieb, Cecchini, Miller. Nays: 0. Chair Rieb called fora 10-minute recess and reconvened the February 19,1998 regular Planning Commission Meeting at 10:45 p.m. ITEM 10: Hosanna! Lutheran Church: Conditional Use Permit Chair Rieb opened the public hearing for consideration of the application of Hosannas • Lutheran Church for a conditional use permit amendment to allow the construction of an addition onto an existing building and an expansion of an existing parking lot. City Attorney Roger Knutson attested that the legal .notice had been published and mailed as required by state statute. Regular Planning Commission Meeting Minutes February 19, 1998 Page 13 Associate Planner Frank. Dempsey presented an overview of the application from Hosanna! Lutheran Church for a conditional use permit amendment to allow the construction of a 20,000 square foot addition onto the south side of the existing church building. Associate Planner Dempsey noted that Hosanna! Lutheran Church has experienced .rapid growth since its opening in 1996 and the attendance at its Sunday services have filled the existing parking lot to capacity with overflow parking occurring on public streets and rights- of-way, as well as within the drive aisles of the existing parking lot. Therefore, the church has included in their application a proposal to construct an additional 167 parking spaces for a total of 522 parking stalls. This exceeds zoning ordinance requirements. Tarell Friedley, attorney representing Hosanna! Lutheran Church, indicated that the property owners are in agreement with the conditions recommended by staff; however, he reiterated his statement made at the previous public hearing questioning the need for the construction. of the north-south road from 163rd Street to County Road 46 as a condition for approval The church representatives do not believe that their request for an addition and parking lot expansion represents an intensification of the current use. Mr. Friedley requested Planning Commission consideration to remove this stipulation from the conditions for approval Commissioners Wanner and Cecchini questioned whether the original conditional use permit for Hosanna! Lutheran Church stipulated the construction of the north-south. street connection between County Road 46 and 163rd Street at the time of the second phase of the church's expansion plans. Upon reviewing the original CUP file, staff indicated that this was a requirement in the original approval City Administrator Erickson indicated that the community residents that appeared before the Commission related to the Yocum proposal this evening expressed their concerns for traffic safety. Staff is recommending that some of those concerns can be alleviated by requiring the construction of the north-south connection. Staff recommends this stipulation remain as a condition for the approval of the Hosanna! Lutheran Church conditional use permit: amendment. There were no questions or comments from the audience. 98.24 MonoN by Cecchini, Second by Wanner to close the public hearing at 11:00 p.m. Roll call vote was called on the motion. Ayes: Wanner, Rieb, Cecchini, Miller, Kot. Nays: 0. 98.25 MOTION by Miller, Second by Cecchini to recommend to City Council approval of the Hosannal Lutheran Church conditional use permit amendment for Lot 1, Block 1, Hosanna Addition in accordance with the eight stipulations as listed in the February 13, 1998 Planning Report and the Findings of Fact dated February 19, 1998. . Roll call vote was called on the motion. Ayes: Rieb, Cecchini, Miller, Kot, Wanner. Nays: 0. Regular Planning Commission Meeting Minutes February 19, .1998 Page 14 • ITEM 11: Michael Giles: Conditional Use Permit Chair Rieb opened the public hearing for consideration of the application of Michael Giles for a conditional use permit to allow an office/warehouse land use not served by public. sewer. City Attorney Roger Knutson attested that the legal notice had been published and mailed as required by state statute. Associate Planner Frank Dempsey presented an overview of the application from Mr. Michael Giles for a conditional use permit to allow the construction of a 6,400 square foot (two-story} office building and 38,400 square feet of warehouse storage buildings. on property located in the 21900 block of Kenrick Avenue, south of the Equine Medical Center building on the east side of Kenrick Avenue near the southerly border of the City. Associate Planner Dempsey noted that Mr. Giles began grading the properly prior to receiving a grading permit and was subsequently cited for the violation. Mr. Giles agreed to submit development plans and a conditional use permit application if the City would delay the court appearance for the charge against Mr. Giles. The 7.1-acre parcel meets the criteria for a legal non-conforming lot of record and will be served ,by private sanitary sewer and water. A conditional use permit is required for development of this property because of its legal non-conforming status. The subject property is zoned I-1, Limited Industrial District. Mr. Dempsey noted hat the Environmental-Affairs- Committee (EAC) had reviewed the project and recommended approval of the grading plan; however, the EAC wanted to review the plans at their Tuesday, February 23, 1998 meeting when Mr. Giles could be present to answer questions regarding types of outside storage. Associate Planner Dempsey stated that Community and Economic Development staff recommends approval of the conditional use permit for Michael Giles subject to the 11 stipulations as listed in the February 13, 1998 Planning Report. Mr. Giles requested clarification. regarding the securities required for landscaping, erosion control, and removal of the existing building.. Mr. Giles also questioned the reasoning for the stipulation that the metal roof not be constructed with exposed metal fasteners. Mr. Giles also questioned the stipulation requiring that proposed outside storage or parking of semi-trailers and/or land/sea containers be parked on paved surface areas. Mr. Giles stated he was reluctant to lay down bituminous on the property until he knows what the final use for the property will be. Mr. Giles further indicated that he would. like to keep the existing storage building located on the property to use until the proposed new storage buildings are constructed. Community and Economic Development Director Sobota responded that the securities i required are typical for all developments within the City and clarified that $21,000 is required security for landscaping, erosion control, and building removal. Mr. Sobota further clarified that the old building could be removed after the new building(s) are built provided Regular Planning Commission Meeting Minutes February 19, 1998 Page 15 adequate security is provided. Sobota stated that he will clarify the roof fasteners issue with Mr. Giles and_the City's Building Official, Dave Krings, prior to City Council action. Chair Rieb open to the public for question and comments. Mr. Bruce Vogelgesang, 22015 Pillsbury Avenue, stated he was not opposed to the proposal from Mr. Giles for his property. There were no further comments from the audience. 98.26 MonoN by Miller, Second by Kot to close the public hearing at 1.1:40 p.m. Roll call vote was called on the motion. Ayes: Cecchini, Miller, Kot, Wanner, Rieb. Nays: 0. 98.27 MoTioN by Miller, Second by Cecchini to recommend to City Council approval of the conditional use permit subject to the 11 stipulations as outlined in the February 13, 1998 Planning report and approval of the Findings of Fact dated February 19, 1998. Roll call vote was called on the motion. Ayes: Miller, Kot, Wanner, Rieb, Cecchini. • Nays: 0. ITEM 12: 1998-2002 Capital Improvement Plan Amendment Chair Rieb opened the public hearing for consideration of the City's application for an amendment to the 1998-2002 Capital Improvement Plan (CIP) element of the Comprehensive Land Use Plan. City Attorney Roger Knutson attested that the legal notice had been published as required by state statute. Community and Economic Development Director Michael Sobota announced that at a work session held on February 10, 1998, the City Council reviewed elements of the 1.998-2002 Capital improvement Plan and the Council is in the process of recommending revisions to the current plan. The Capital Improvement Plan document has not. been finalized at this time but will be ready for Planning Commission review on March 5, 1998. Community and Economic Development staff recommended that the Planning Commission continue this public hearing to the March 5, 1998 meeting. 98.28 MonoN by Rieb, Second by Miller. to continue the public hearing for consideration of an amendment to the 1998-2002 Capital Improvement Plan to the March 5,.1998 regular Planning Commission meeting. Roll call vote was called on the motion. Ayes: Kot, Wanner, Rieb, Cecchini, Miller. . Nays: 0. Regular Planning Commission Meeting Minutes February 19, 1998 Page 16 The Planning Commission acknowledged and accepted for the record the minutes from the Rural Service Area Comprehensive Plan Neighborhood Meetings held on January 27, 1998 and January 28, 1998. The next Planning Commission Meeting will be held at 6:00 p.m. on Thursday, March 5, 1998.. There being no further business, the meeting was adjourned at 11:50 p.m. Respectf Ily submitted, onna Quintus, Recor ng Secretary ATTEST: Laurie Rieb, Chair Roger Bass Easement Vacation (16420 Kingswood Drive) Public Hearing; February 19, 1998 Name .lease Print Street Address lease Print Phone No. Ipava Marketplace Preliminary/Final Plat Yocum Oil .Company, Inc. Conditional Use Permit, Variance (CR 46, west of Ipava Avenue)) Public Hearing: February 19, 1998 Name Please Print Street Address Please Print Phone No. u ~ rz- t ~ 5c~ 3 Loy r_ 2 -4 5 " 02~ 19= 98 15:50 RATIO I K R05ZAK ETAL + 61254429 N0. 152 D01 Joseph J. Latigei Cheryl Hood Langel 1bS46 :Tavelin Avenue Lakeville, MN SSQ44 February 19, 1998 Planning Commission VI.A, FACSIMILE City of Lakeville 9$5-4429 20195 Holyoke Avenue Lakeville, MN SS044 Re; "Tpcxva Marketplace " Dear Planning Commission: I am waiting with regards to Yocum Oil Co., Ina's request to build a combination convenience stare, gas station and car wash at the intersection of ipava Avenue and 162nd Street. The proposed building is to be .Warned "Ipava Marketplace." I axxa submitting this letter because I cannot attend tonight's meeti~~g but wanted to voice my disapproval. • My family and I live in the Rolling Oaks subdivision off of 1bSth Street, within sight of the proposed building. I have strong objections to the building of this gas station for two primary reasons. >~irst, it is a completely inappropriate location for a gas station. Across the street is Crystal Lake Elementary, a. public school overflowing with hundreds of meighborhood children. Many o1'tl~.ese children walls to and. from school every day. Erection of a gas station, .particularly one with. a convenience store, creates the potential of significant staffs increases directly in front of the school where children walk, to addition, long scrim exposure to fumes emanating from ~,aearby gas pumps is known to cause health problems in children. In. shzort, a gas station and an elementary school. do not belong next door to each other. A gas station cannot help but to increase the safety hazards to children. it should also be noted that there is a relatively new church next door to the proposed site as well. It is difficult to conceive how a church, school and a gas station can be considered appropriate neighbors from a. planning perspective. The gas station simply does not fit into the scheme of the neighborhood. • ~2~'19~'98 15:51 RATW I K ROSZAK ETAL ~ 6129854429 hf0. 252 D©2 Planning Commission February 19, 1998 Page 2 Second, there cannot possibly be a need for this gas station.. We now have seven gas stations within approximately one mile of our house. Five are located near the I-351 Highway 50 interchange, and two and new ones (Kwik Trip and Super America) are next to tlae 1-35 /County Road 4~ interchange, less than a half mile from this proposed Yocum. station.. How many gas stations does Lakeville need in this area? Surely the population growth in this area bas not been. so great that yet another gas station is necessary, As you are undoubtedly aware, the general public, myself included, finds gas stations to be eyesores. They are great expanses of concrete punctured by smelly gas puanps and l.i# like Cl~ristrn~as txees. To some extent these eyesores are a necessary part of a growing community, which.. i.s why I dial not object to the new Kwik Trip and Super AmeY•ica. Those stations, however, are bYrilt at the intersection of two major thoroughfares, and their location makes sense. Tbc Ipava Marketplace, on the other hand, does not make sense. It is inappropriate to have a gas station next to a school and church, especially when two gas stations were just built less than a half mile away. • When it comes to gas stations, the City needs to exercise restraint and oily allow their erection where it does not unduly interlcre with existing property and where thcrrc appears to be a legitimate n.ccd. Neither of those factors run in Yvcurn Oil's favor as far as the Ipava Marketplace site is concerned.. As Lakeville citizens, and as residents of property near the proposed site, my family and I respectfully request that Yocurn Oil's proposal be denied. Si.n.cerely, oseph J. Langel ~tRM: 33782 • lGni3 ~ U/ Lc~.lt¢v~LL {~1N ss~4~y f.~,b,,~~,a,,,~,1~, ~ ~ 8~8-357 s ~ w~ Gr. ~~'~rn.~Pic- -~e ~-~l~i~~ c ~ ~ / 0~ C ~~~~-~J. C8Y1 G2ti~t~:G~ Cr. ~ ~ s~~.~c~~ c~~n/ti ~ ~6 ~%11 ~ r~ ~~c Lori/f~ ,(ze ~ L~ Q . d~ • a~ ~1 we G~, _ ~ ~ j~/~7r/'e. cz,r~en ~ 'y~~~e ; 7~ C~~~/~t;t~~ Gu a~~~ J /n i •