HomeMy WebLinkAbout05-21-98 City of Lakeville
. PLANNING COMMISSION MEETING MINUTES
May 21, 1998
The May 21, 1.998 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, Drotning, Cecchini, Wulff, and Ex Officio Member
Bel lows.
Absent: 0.
Also present: 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 May 7, 1998 Planning Commission Meeting were approved as
presented.
ITEM 4: ANNOUNCEMENTS
City Planner Morey requested the May 21, 1998 Planning Commission Agenda be
amended to add the following:
. Item No. 11.C. AMEND SCHEDULE FOR REGULAR PLANNLNG COMMISSION MEETINGS FOR f UNE
AND JULY, 1998
Item No. 11.D. SET PUBLIC HEARING FOR PROPERTY REZONING
Chair Rieb amended the agenda as requested.
ITEM 5: CONSENT AGENDA
98.86 MOTION by Drotnng, Second by Kot to recommend to City Council approval of the May
21, 1998 .Planning Commission Consent Agenda as #ollows:
5a. Approve the application of Pulte Homes of Minnesota Corporation for the final plat of
35 townhouse lots to be known as ORCHARD MEADOWS of LAKEVILLE on land located
south of 185th Street and west of Kenwood Trai I (C,S.A. H. 50).
Roll call vote was called on the motion.
Ayes: Miller, Kot, Wanner, Rieb, Drotning, Cecchini, Wulff.
Nays: 0.
ITEM 6: PUBLIC HEARING: Garry and Marie Krebs Conditional Use Permit
Chair Rieb opened the public hearing for consideration of the application of Garry and
Marne Krebs for a Conditional Use Permit to allow the construction of a detached accessory
building resulting in a total accessory building area greater than 2,000 square feet in the R-
1, Low Density Single Family Residential District and the Shoreland Overlay District for
• Lake Marion. City Attorney Roger Knutson attested that the legal notice had been mailed
and published as required by state statute.
Regular Planning Commission Meeting Minutes
.May 21, 1998
Page 2
• Associate Planner Frank Dempsey presented an overview of the request from Garry and
Marie Krebs for a Conditional Use Permit to allow the construction of an oversized
detached accessory building on their property located at 18885 Kenyon Avenue. Mr. and
Mrs. Krebs are proposing to construct a 2,400 square foot detached accessory building on a
ten-acre parcel which is located in the R-1, Low Density Single Family Residential District
and Shoreland Overlay District for Lake Marion. Combined with an existing 708 square
foot attached garage, the total accessory building area equals 3,108 square feet. The
Zoning Ordinance allows a maximum of 2,000 square feet of accessory building in the R-1
District unless approved by Conditional Use Permit.
Planner Dempsey noted that Mr. & Mrs. Krebs have identified a need for the large detached
accessory building for storage of personal property, including boats, collector automobiles,
and property maintenance equipment.
Planner Dempsey indicated that Community and Economic Development staff supports the
request of Mr. & Mrs. Krebs' for a Conditional Use Permit.
Garry and. Marie Krebs were present and indicated their agreement to the staff
recommended stipulations as listed in the May 15, 1998 Planning Report.
City Planner Dempsey responded to Commissioner Wulff's inquiry regarding the rationale
for establishment of maximum accessory structure square footage in the R-1 District.
• Planner Dempsey indicated that requests for oversized accessory structures brought before
the Commission and City Council are generally on large lots for which oversized accessory
buildings can be justified and because they are compatible with the current land use.
However, the residential zoning of oversized lots have the potential for future subdivision.
As part of the conditional use permit process to allow oversized accessory buildings on
larger lots, the City has stipulated the removal of said accessory buildings upon future
subdivision of the property to ensure the compatibility of future land uses.
There was no public comment.
98.87 Moriorv by Wulff, Second by Drotning to close the public hearing 6:20 p.m.
Roll call vote was called on the motion.
Ayes: Kot, Wanner, Rieb, Drotning, Cecchni, Wulff, Miller.
Nays: 0.
98.88 MOTION by Wulff, Second by Wanner to recommend to City Council approval of the
Conditional Use Permit requested by Garry and Marie Krebs to allow construction of a 40'
x 60' detached accessory building resulting in a total accessory building area greater than
2,000 square feet in the R-1, Low Density Single Family Residential District and the
Shoreland Overlay District for Lake Marion on property located at 18885 Kenyon Avenue
subject to the eight. stipulations as listed in the May 15, 1998 Planning Report and approval
of the Findings of Fact dated May 21, 1998.
Roll call vote was called on the motion.
Ayes: Wanner, Rieb, Drotning, Cecchini, Wulff, Miller, Kot.
Nays: 0.
Regular Planning Commission Meeting Minutes
May 21, 1998
Page 3
ITEM 7: PUBLIC HEARING: Zweber Farm Fourth: Preliminary aid Final Plat
Chair Rieb opened the public hearing for consideration of the application of D.R. Horton,
Inc. -Minnesota for the Zweber Farm Fourth preliminary and final plat. City Attorney
Roger Knutson attested that the legal notice had been mailed and published as required by
.state statute.
City Planner Morey presented an overview of the application submitted by Mr. Don Patton,
representing D.R. Horton, Inc. -Minnesota, for the preliminary and final plat of Zweber
Farm Fourth. Zweber Farm Fourth consists of the replatting of Outlot D, Zweber Farm
Second into two single family residential lots and one outlot for. temporary storm water
ponding purposes. The subject property is zoned R-2, Single Family Residential District
and is located in the northeast corner of the Zweber Farm development on the west side of
Highview Avenue, south of Cherry View Elementary School
Planner Morey indicated that both the Environmental Affairs and Parks and Recreation
Committees have reviewed the Zweber Farrn Fourth preliminary and final plat and have
recommended approval
Community and Economic Development staff recommend approval of the Zweber Farm
Fourth preliminary and final plat subject to the four conditions as listed in the May 15,
1998 Planning Report.
• Don Patton, D.R. Horton, Inc. -Minnesota, was in attendance and indicated his agreement
to the conditions for approval as recommended by staff.
There were no comments from the public.
98.89 MOTION by Kot, Second by Wanner to close the public hearing at 6:45 p.m.
Roll call vote was called on the motion.
Ayes: Rieb, Drotning, Cecchini, Wulff, Miller, Kot Wanner.
Nays: 0.
Commissioner Drotning questioned the procedure that is used to inform potential buyers of
lots abutting outlots regarding the possibility for future development of outlots such as the
one being platted for use as a temporary pond in the Zweber Farm Fourth development.
City Planner Morey indicated that the City does not install signs on vacant outlots regarding
future development capability. However, the City would encourage the developer to alert
buyers who express interest in purchasing the lots abutting Outlot A of the potential for the
future development of the outlot into two single family lots.
Commissioner Drotning requested that the Commission consider an additional stipulation
for approval of the Zweber Farm Fourth preliminary and final plat that would require the
developer to provide written notification to potential buyers of the lots abutting the outlot
• apprising them of the potential for the future development of that outlot into two single
family lots. The Commission agreed with Commissioner Drotning's recommendation.
Developer Don Patton agreed to the additional stipulation as proposed.
Regular Planning Commission Meeting Minutes
May 21, 1998
Page 4
.98.90 MOTION by Miller, Second by Wulff to recommend to City Council approval of the
application of D.R. Horton, Inc. -Minnesota for the Zweber Farm Fourth preliminary and
final plat of two single family residential lots on property located on the west side of
Highvievv Avenue, south of Cherry View Elementary School subject to the four stipulations
listed in the May 15, 1998 Planning Report with the addition of Stipulation No. 5.
Roll call vote was called on the motion.
Ayes: Drotning, Cecchini, Wulff, Miller, Kot, Wanner, Rieb.
Nays: 0.
ITEM 8: PUBLIC HEARING: Kwik Trip, Incorporated: Conditional Use Permit
Chair Rieb opened the public hearing for consideration of the application of Kwik Trip,
Incorporated for a Conditional Use Permit to allow the construction and operation of a
convenience store with motor fuel sales in a B-4, General Business District. City Attorney
Roger Knutson attested-that the legal notice had been duly mailed and published as
required by state statute.
Associate Planner Frank Dempsey presented an overview of the application of Kwik Trip,
Inc. for a Conditional Use Permit to allow the construction of a convenience store with fuel
sales on property located in the southwest quadrant of the intersection of Glacier Way and
Cedar Avenue. The 1.24-acre parcel was platted in 1994 as Lot 1, Block 2, Shady Oak
Shores 8th Addition and is currently zoned B-4, General Business District. Title 11-36-4 of
• the Zoning Ordinance, amended in 1997, allows motor fuel sales in association with
convenience grocery operations within the B-4 District via a Conditional Use Permit
subject to specific development standards.
Associate Planner Dempsey noted that a Conditional Use Permit was granted to Kwik Trip,
Inc. in 1994 for a convenience store/motor fuel facility which they allowed to expire in
1996 by not developing the site. However, they retained ownership of the site, reapplied
for a Conditional Use Permit, and are. now required to meet the new development
standards as required by the amended ordinance.
Associate Planner Dempsey provided details of the site plan including proposed
ingress/egress, building materials, lighting, signage, and landscaping.
Scott Teigen, Kwik Trip Real Estate Director, was present and responded to Commission
questions regarding the Kwik Trip site plan. Mr. Teigen noted that the proposed hours of
operation for this Kwik Trip is 5:00 a.m. to midnight at this time. He noted that this could
change in the future based on market demand.
Commissioner Wulff expressed a request that the conditional use permit for the Kwik Trip
proposed for the Cedar Avenue/Glacier Way intersection restrict the hours of operation
between 5:00 a.m. to midnight due to its proximity to the existing residential
• neighborhood. Ms. Wulff indicated that should the developer wish to expand these hours
in the future, it should require an amendment to the CUP wherein the developer would be
required to exhibit that the need for expanded hours of operation is warranted.
Regular .Planning Commission Meeting Minutes
May 21, 1998
Page 5
• Planner Dempsey indicated that hours of operation are restricted in the B-2 District as was
the case on the Yocum Oil site at .162nd Street (CSAH 46) and Ipava Avenue. Planner
Dempsey indicated that the Zoning Ordinance does not restrict hours of operation for
convenience store/motor fuel faciFities in the B-4 District.
Commissioner Drotning expressed his belief that, from a business viewpoint, the City
should not restrict a business' "right to grow and compete" with the existing market. Mr.
Drotning felt that because the Zoning Ordinance establishes limitations for operation of
businesses in some districts the City should not impose special restrictions to specific
businesses in the same districts that may infringe on their "right to grow and compete" with
other businesses in the same district..
Planner Dempsey and Mr. Teigen indicated that at the neighborhood meeting held on
Tuesday, May t2, 1998, the area residents were offered the opportunity to review the
proposed site plan and to ask questions and give comments. Comments focused on hours
of operation, lighting, trash location screening, and additional landscape screening on the
single family lot north of Glacier Way. Kwik Trip, Inc. responded to those in attendance at
the neighborhood meeting and has modified their site plan to accommodate neighborhood
wishes. The residents were informed of the intended. hours of operation and the potential
for expansion of those hours if justified in the future. There were no resident comments
regarding hours of operation.
• The majority of the Commission concurred with. Commissioner Drotning's
recommendation that no additional restrictions be placed on the hours of operation.
There was no public comment.
98.91 MOTION by Wulff, Second by Kot to close the public hearing at 7:20 p.m.
Roll call vote was called on the motion.
Ayes: Cecchini, Wulff, Miller, Kot, Wanner, Rieb, Drotning.
Nays: 0.
Commissioner Wanner expressed her concern for safety of the employees when walking to
their vehicles in the parking lot at closing time (midnight). Commissioner Wanner
recommended the addition of Stipulation No. 17 that would require the developer to
provide a "motion sensor" or some form of security lighting in the southwest parking lot
area to increase the safety of employees after dark. The Commission agreed to the added
stipulation.
98.92 Morrow by Drotning, Second by Miller to recommend to City Council approval of the
application of Kwik Trip Inc. for a Conditional Use Permit to allow the construction and
operation of a convenience store with motor fuel sales in the B-4, General Business District
subject to the 16 stipulations as listed in the May 13, .1998 Planning Report with the
addition of Stipulation No. 17 regarding parking lot security lighting and approval of the
• Findings of Fact dated May 21, 1998.
Roll call vote was called on the motion.
Ayes: Wulff, Miller, Kot, Wanner Rieb, Drotning, Cecchini.
Nays: 0.
Regular Planning Commission Meeting Minutes
May 21, 1998
Page 6
ITEM 9: PUBLIC HEARING: Progressive Rail First Addition Preliminary and Final Plat
Chair Rieb opened the public hearing for consideration of the application of Appro
Development, Inc. for the preliminary and final plat of Progressive Rail First Addition. City
Attorney Roger Knutson attested that the legal notice had been published and mailed as
required by state statute.
City Planner Daryl Morey,presented an overview of the application from Mr. )ack
Matasosky of Appro Development, Inc., representing Progressive Rail, Inc., for the
preliminary and final plat of Progressive Rail First Addition. The subject plat consists of the
two industrial lots on land Located in the southwest corner of 215th Street (County Road
70) and Highview Avenue. The property is zoned I-2, General Industrial. District.
City Planner Morey indicated that a previous preliminary and final plat proposed for this
property has been tabled since the December 5, 1996 Planning Commission Meeting.
Those preliminary and final plat applications ate being withdrawn by Appro Development
as requested in their letter dated May 14, 1998.
City Planner Morey-noted that Alcorn Beverage is proposing to construct a 69,000 square
foot building on Lot 1, Block 1 of the proposed final plat. The proposed office/warehouse
facility is a permitted use in the i-2, General Industrial District. A detailed site plan. review
will be performed by staff at the time of building permit application.
•
City Planner also noted further that Lot 2, Block 1, Progressive Rail First Addition is
proposed to be developed by American Cast Iron Pipe Co. The 7,200 square foot
office/warehouse facility and outdoor storage yard is a permitted use in the 1-2, General
Industrial District. A detailed site plan review will be performed by staff at the time of
building permit application.
)ack Matasosky and Jim Connelly, Appro Development, Grant Jacobson, Engineer/Surveyor,
Jim Bragan and Ben Mason, American Cast Iron Pipe Co., and Terry North, Alcorn
Beverage, were all in attendance and responded to questions and provided clarification
regarding their individual projects.
City Planner Morey indicated that the City Engineer, the Dakota County Soil and Water
Conservation District, and the Environmental Affairs and Parks and Recreation Committees
have reviewed the Progressive Rail First Addition preliminary and final plat and have
recommended approval
There were no comments from the public.
98.93 MOTION by Wanner, Second by Wulff to close the public hearing at 8:00 p.m.
Roll call vote was called on the motion.
• Ayes: Miller, Kot, Wanner, Rieb, Drotning, Cecchini, Wulff.
Nays: 0.
Regular Planning Commission Meeting Minutes
May 21, 1998
Page 7
City Planner Morey requested the Commission's. consideration to amend the staff
recommended stipulations by adding the following: "The developer shall provide a
security to guarantee the installation of the approved landscaping." Developer )ack
Matasosky indicated his agreement to the additional stipulation.
98.94 MOTION by Kot, Second by Miller to recommend to City Council approval of the
Progressive Rail First Addition preliminary and final plat subject to the six stipulations as
listed in the May 15, 1998 Planning Report with the addition of Stipulation No. 7 as
discussed above.
Roll call vote was called on the motion.
Ayes: Kot, Wanner, Rieb, Drotning, Cecchini, Wulff, Miller.
Nays: 0.
98.95 MOTION by Miller, Second by Wulff to acknowledge and accept the letter from )ack
Matasosky,. Appro Development, Inc., dated May 14, 1998 withdrawing the original
Progressive Rail .plat applications dated )uly 1996.
Roll call vote was called on the motion.
Ayes: Wanner, Rieb, Drotning, Cecchini, Wulff, Miller, Kot.
Nays: 0.
ITEM 10: PUBLlC HEARING: Empire Builder Investments First Addition Preliminary and Final .Plat
Chair Rieb opened the public hearing for consideration of the application of Appro
Development, Inc. for the preliminary and final plat of Empire Builder Investments First
Addition. City Attorney Roger Knutson attested that the legal notices had been .duly mailed
and pub}ished as required by state statute.
City Planner Daryl Morey presented an overview of the application from Appro
Development, Inc. for the preliminary and final plat of Empire Builder Investments First
Addition which consists of the platting of four metes and bounds description parcels. The
four parcels will be administratively combined and subdivided resulting in one parcel that
will be platted into one industrial. lot and one outlot and identified as the Empire Builder
Investments First Addition. The proposed plat is located on the east side of Highview
Avenue, south of 215th Street {County Road 70). The remnant property from the
administrative subdivision will remain a metes and bounds description parcel and will. be
available for future development.
Empire Builder Investments, Inc. is proposing to construct a 53,000 square foot
office/warehouse facility, known as Carload Connection, on Lot 1, Block 1 of the
preliminary and final plat. Outlot A is reserved for an existing and proposed regional storm
water management and nutrient removal basin.
):ack Matasosky, Appro Development, and Dave Felton and Tim Wiens, Progressive Rail,
Inc., were in attendance and responded to questions and provided clarification regarding
the site plan and the proposed Carload Connection facility and operation.
Regular Planning Commission Meeting Minutes
May 21, 1998
Page 8
City Planner Morey indicated that the City Engineer, the Dakota County Soil and Water
Conservation District, and the Environmental Affairs and Parks and Recreation Committees
have reviewed the Empire Builder Investments preliminary and final plat and have
recommended approval. A detailed site plan review will be performed by staff at the time
of building permit application.
There were no comments from the public.
98.96 MOTION by Miller, Second by Wulff to close the public hearing at 8:15 p.m.
Roll call vote was called on the motion.
Ayes: Rieb, Drotning, Cecchini, Wulff, Miller, Kot, Wanner
Nays: 0.
City Planner Morey requested the Commission's consideration to amend the staff
recommended stipulations by adding the following: "The developer shall provide. a
security to guarantee the installation of the approved landscaping." Developer )ack
Matasosky indicated his agreement to the additional stipulation.
98.97 MOTION by Wanner, Second by Drotning. to recommend to City Council approval of the
Empire Builder Investments First Addition preliminary and final plat subject to the six
stipulations as listed in the May 15, 1998 Planning Report with the addition of Stipulation
No. 7 as discussed above.
Roll call vote was called on the motion.
Ayes: Drotning, Cecchini, Wulff, Miller, Kot, Wanner, Rieb.
Nays: 0.
ITEM 11.C. SET PUBLIC HEARING FOR PROPERTY REZONING
City Planner Morey requested Planning Commission consideration of revising the meeting
schedule for Planning Commission meetings for the month of )une and July due to the
Fourth of )uly weekend.
98.98 MOTION by Kot, Second by Miller to amend the Regular Planning Commission meeting
schedule for ).une and )ulY 1998 as follows:
CANCEL:.......'
............................Thursday, tune 18, 1998;
NEW MEETING DATE:...................Thursday, June 25, 1998
CANCEL :...................................Thursday, July 2, 1998
Roll call vote was called on the motion.
Ayes: Cecchini, Wulff, Miller, Kot, Wanner, Rieb, Drotning.
Nays: 0.
ITEM 11.D. SET A PUBLIC HEARING: For Consideration of a Rezoning of Property from B-4, General
• Commercial District to R-2, Single Family Residential District on )une 4, 1998.
City Planner Daryl Morey explained to the Planning Commission. that the City has received
applications from three property owners in the Argonne Farrns area for the rezoning of their
Regular Planning Commission Meeting Minutes
May 2i, 1998
Page 9
parcels from B-4, General Business- District to R-2, Single Family Residential Zoning
District. Upon initial review, staff has concluded that the Fay property, which is adjacent
to the north of the subject properties should be considered for a similar rezoning based on
surrounding land uses, existing use of the property and consistency with the
Comprehensive Land Use Plan. In order to include the Fay property in the rezoning
request,. the Planning Commission could become a joint applicant to the request, consistent
with state statute.
Planning Commissioner Drotning suggested that the proposed rezoning may be considered-
. premature considering the comprehensive planning process currently underway. He also
questioned whether the request could be considered spot zoning. City Planner Daryl
Morey explained that including the Fay property in the notice allows it to be considered,
along with the other three parcels, by the Planning Commission at the public hearing. In
addition, the rezoning request by the residents could still be approved with the stipulation
that the Fay property not be included. The Planning Commission agreed to direct staff to
include the Fay property on the public hearing notice, so as to allow consideration during
the public hearing.
98.99 MOTION by Rieb, Second by Drotning to set a public hearing for consideration of a
rezoning of property as proposed by staff from B-4, General Commercial District to R-2,
Single Family Residential District on Jtane 4, 1998.
Roll call vote was called on the motion.
• Ayes: Wulff, Miller, Kot, Wanner, Rieb, Drotning, Cecchini.
Nays: 0.
The next Planning Commission Meeting will be held at 6:00 p.m. on Thursday, )une 4,
1998.
There being no further business, the meeting was adjourned at .8:45 p.m.
Respe fully submitted,
t
onna Quintus, Recor ing Secretary
ATTEST:
La ri Rieb, Chair