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HomeMy WebLinkAbout07-16-98 City of Lakeville. PLANNING COMMISSION MEETING MINUTES July 16, 1998 The )uly 16, 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, Rieb, Drotning, Cecchini, Wulff, Ex Officio Bellows. Absent: Wanner. Staff present: Michael Sobota, Community and Economic Development Director; Frank Dempsey, Associate Planner; Tim Hanson, Assistant City Engineer; Roger Knutson, City Attorney; and Donna Quintus, Recording Secretary. The minutes of the )une 25, 1998 Planning Commission Meeting were approved as submitted. ITEM 5: PUBLIC HEARING: Malmberg Bond Addition: Preliminary/Final PIatJConditional Use Permit Chair Rieb .opened the public hearing for consideration of the application of David C. Malmberg for a preliminary and final plat and application of ARAMARK Educational • Resources, .Incorporated for a Conditional Use Permit. City Attorney Roger Knutson attested that the legal notice had been mailed and published as required by state statute. Associate Planner Frank Dempsey indicated that David C. Malmberg and George Bond and Children's World Learning Centers have resubmitted applications for the Malmberg Bond Addition preliminary and final plat and for a Conditional Use Permit to allow a day care facility in the 6-4, General Business District. The new applications are identical to the applications originally proposed in February of this year and officially withdrawn by the applicants in March. MALMBERG ADDITION PRELIMINARY/FINAL PLAT Associate Planner Frank Dempsey presented an overview of the resubmitted application from David Malmberg and George Bond for the Malmberg Bond Addition preliminary and final plat. The 3.6-acre parcel is oned B-4, General Commercial District and is located on the north side of 165th Str et at Jonquil Avenue/165th Street T-intersection. The proposed commercial developm nt consists of one 1.6-acre commercial lot and one 2-acne outlot on one block. The roposed lots exceed minimum Zoning Ordinance requirements and the proposed commercial use of the property is consistent with the Comprehensive Guide Plan. Planner Dempsey noted that in the )u!y 2, 1998 revised Engineering Report, Assistant City Engineer Tim Hanson indicates that two non-conforming structures have recently been removed from the site by the property owner as was recommended in the original February 13, 1998 Planning Report. Regular Planning Commission Meeting Minutes July 16, 1998 Page 2 CHILDREN~S WORLD LEARNING CENTERS DAY CARE FACILITY CONDITIONAL USE PERMIT Associate Planner Frank Dempsey presented an overview of the application from ArtAMARK Educational Resources, dba Children's World Learning Centers, to allow the construction of an approximately 8,600 square foot freestanding day care facility on proposed Lot 1, Block 1, Malmberg Bond Addition. The proposed site plan indicates the structure exceeds minimum Zoning Ordinance requirements for setbacks and lot area. Associate Planner Dempsey indicated that the developer is proposing a total of 37 parking spaces, including two handicap parking spaces. Staff has reviewed parking needs for similar day care facilities within the City and recommends approval of the 37 parking spaces as proposed for the Children's World Learning Center day care project. Assistant City Engineer Tim Hanson discussed the results of a Phase II Environmental Assessment that was recommended by staff and recently submitted by the developer to identify fill material on the site of unknown type and origin. The results of this study indicted a small area of contamination on the site. Mr. David Malmberg, property owner, and Mr. )ohn Finnemore, Children's World Learning Centers, were present and indicated that clean-up of the site contamination and restoration of the soils has been completed. . Commissioner Wulff referred to a letter to the Planning Commission dated July 10, 1998 received from Mr. Patrick Klinkhammer, 16349 Java Circle, indicating his concern for existing concrete and metal debris located along the northerly boundary of the proposed day care facility property. Mr. Klinkhammer expressed concern for safety, aesthetics, and environment related to the debris. The Commission concurred that the site be cleared of all debris with minimum impact on existing vegetation and trees. Mr. Malmberg indicated his understanding from the previous owner of the property that the concrete pieces are remnant bridge abutments from a Dakota County road/bridge project and were being used as fill on the property. Mr. Malmberg expressed his intent to remove and/or bury the debris to eliminate any concerns for safety and appearance. Commissioner Miller requested details regarding anticipated vehicular traffic movement on-site and access to the Children's World Learning Center day care facility. Commissioner Miller indicated his belief that two access points to the facility would enhance safety for on-site vehicular and pedestrian movement. Mr. John Finnemore indicated that the proposed Malmberg Bond Addition subdivision will ultimately have two driveway accesses onto 165th Street. The Children's World Learning Center site proposes to extend a single driveway access onto 165th Street opposite Jonquil Avenue. This driveway location will result in a full intersection at • Jonquil Avenue and 165th Street. A second driveway will be required to access Outlot A when this parcel is developed in the future. Regular Planning Commission Meeting Minutes )uly 16, 1998 Page 3 • Community and Economic Development staff recommends approval of the Malmberg Bond Addition preliminary and final plat and Children's World Learning Centers Conditional Use Permit subject to the recommendations as listed in the )uly 2, 1998 revised Planning Report which includes the recommendations of the Environmental Affairs and Park`and Recreation Committees. There were no comments from the public. 98.116 MOTION by Kot, Second by Wulff to close the public hearing at 6:20 p.m. Roll call vote was called on the motion. Ayes: Miller, Kot, .Rieb, Drotning, Cecchini, Wulff. Nays: 0. After further discussion, the Planning Commission agreed to a modification to Stipulation No. 1 to read: "A re-evaluation of the site shall be completed to ensure compliance with the Phase Two Environmental Site Assessment recommendations for site clean-up." The Planning Commission also agreed to add Stipulation No. 11 as follows: "Debris along the north and east slope of the subdivision boundary shall be removed and landscaped with minimum impact on the existing tree cover and vegetation." Mr. David Malmberg, developer, and Mr. )ohn Finnemore, Children's World Learnin g Centers, indicated their ag'eement to the conditions recommended by staff and additional conditions as recommended by the Planning Commission. Mr. Finnemore also indicated that upon discussion with residents abutting the proposed subdivision, that he ageed to plant additional spruce trees not shown in the submitted landscape plan that will provide further buffering of the commercial use from the residential area. 98.117 MOTION by Wulff, Second by Drotning to recommend. to City Council approval of the Malmberg Bond Addition preliminary and final plat and the Conditional Use Permit to allow a day care #acility in the B-4, General Business District on Lot 1, Block 1, Malmberg Bond Addition subject to 10 stipulations as listed in the February 13, 1998 and )uly 2, 1998 Planning Reports with a modification to Stipulation No. 1 and the addition of Stipulation No. 11 as noted above and approval of the Findings of Fact dated )uly 16, 1998. Roll ..call vote .was called on the motion. Ayes: Kot, Rieb, Drotning, Cecchini, Wulff. Nays: Miller. Commissioner Miller indicated his negative vote was based on his belief that the day care facility site should have two access points instead of one. Motion passes. • Regular Planning Commission Meeting Minutes )uly 16, 1998 Page 4 ITEM 6: PUBLIC HEARING: Imperial Plastics, Inc.: Conditional Use Permit Chair Rieb opened the public hearing for consideration of the application of Imperial Plastics, Incorporated for a Conditional Use Permit to allow a total impervious surface area greater than 25 percent (25%) in the Shoreland Overlay District. 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 Conditional Use Permit application of Appro Development, Inc., representing Imperial Plastics, Incorporated, to allow construction of an 11,630 square foot addition onto the north side of an existing building and an expanded bituminous parking area on the north, south, and west sides of the building located on Lot 1, Block 1, Lmperial First Addition (21320 Hamburg Avenue). The building addition and new parking area will result in a total impervious surface area greater than 25 percent in the Shoreland Overlay District. Associate Planner Dempsey indicated that the northerly 2/3 of the site is within the South Creek Shoreland Overlay District of the Vermillion River and it is this portion of the site that is subject to specific regulations pertaining to impervious surface area requirements. The proposed building addition and additional bituminous parking area are within the Shoreland Overlay District which allows a maximum of 75 percent impervious surface area with a Conditional Use Permit. Proposed impervious surface area is 74 percent which is consistent with surrounding industrial land uses, approved • Conditional Use Permits in the area, and within the maximum allowed by ordinance allowed by Conditional Use Permit. The impervious surface area is 66% if the deferred parking area is not included in the total impervious surface area. Assistant City Engineer Tim Hanson responded to the Commission's request for details of on-site drainage and ponding noting that that the current sheet flows to the north will now be collected by a curb along the north side of the site which will direct runoff to two proposed nutrient removal basins. Additional details regarding proposed runoff, ponding, and pond design were provided by Jack Matasosky, Appro Development, and Grant Jacobson, Jacobson Engineers/Surveyors. Commission members noted the DNR recommendation to deepen the ponds. Mr. Matasosky agreed to deepen the ponds as much as possible to provide a cooling effect on the runoff.. There were no comments from the public. 98.118 MoT~oN by Wulff, Second by Kot to close the public hearing at 6:50 p.m. Roll call vote was called on the motion. Ayes: Rieb, Miller, Drotning, Cecchini, Wulff, Miller, Kot. Nays: 0. Mr. Matasosky, Appro Development, responded to Commissioner Wulff's inquiry • regarding outside storage and indicated that the existing pallets located outside will be stored within the building when the addition is completed. Community and Economic Regular Planning Commission Meeting Minutes )uly 16, 1998 Page 5 Development Director Sobota indicated that outside storage is permitted in the I-1, Industrial District; however, a screening plan approved by staff is required. The Imperial Plastics, Inc. site plan does not indicate that outside storage is desired at this time. 98.119 MOTION by Miller, Second by Wulff to recommend to City Council approval of the application of Appro Development, Inc. for Imperial Plastics, Incorporated for a Conditional Use Permit to allow the construction of an addition onto an existing industrial building which will result in a tots( impervious surface area greater than. 25 percent in the Shoreland Overlay District on property located on Lot 1, Block 1, Imperial First Addition (21320 Hamburg Avenue) subject to the eight stipulations as listed in the July 10, 1998 Planning Report and approval of the Findings of Fact dated July 16, 1998. Roll call vote was called on the motion. Ayes: Miller, Kot, Rieb, Drotning, Cecchini, Wulff. Nays: 0. ITEM 7: PUBLIC HEARING: Lakeville Ninth Elementary School: Preliminary & Final Plat and Conditional Use Permit Chair Rieb opened the public hearing for consideration of the application of Independent School District 194 for the proposed Lakeville Ninth Elementary School preliminary and final plat anal Conditional Use Permit to allow a public elementary school in the R-2, Single Family Residential District. Gity Attorney Roger Knutson attested that the legal notices for both public hearings had been duly mailed and published as required by state statute. Community and Economic Development Director Michael Sobota provided an overview of the application of Independent School District {ISD) 194 for the Lakeville Ninth Elementary School preliminary and final plat and a Conditional Use Permit to allow an institutional use in the R-2, Single Family Residential District. PRELIMINARY/FINAL PLAT Community and Economic Development Director Sobota noted that the proposed Lakeville Ninth Elementary School subdivision consists of one lot and one block on 17.88 acres located west of Highview Avenue, north of Messiah Lutheran Church Addition, and south of the proposed extension of 165th Street. The proposed subdivision design exceeds lot area and width requirements for the R-2, Single Family Residential District. Assistant City Engineer Tim Hanson indicated that construction of the segment of 165th Street abutting the proposed elementary school will be completed by the City as part of a public improvement project with ISD 194 paying in cash the residential assessment. • rate for its frontage for the construction of this street and trail Regular Planning Commission Meeting Minutes July 16, 1998 Page 6 • ISD 194 CONDITIONAL USE PERMIT Community and Economic Development Sobota noted that the subject property is currently zoned R-2, Single Family Residential District which allows public schools via a Conditional Use Permit. The two-phase plan indicates an initial public school construction at 500-student capacity with a future expansion to 700-student capacity. The public elementary school site plan indicates that the proposed building setbacks exceed ordinance requirements for the R-2 District. Director Sobota indicated that the Lakeville Ninth Elementary site plan also identifies two driveway accesses onto 165th Street. The west entrance is for the bus parking with the east entrance as the access for all other vehicular traffic. In response to staff concerns, a revised parking lot design layout has been submitted for review which identifies an expanded .parking area which. includes additional parking stalls on the site. This was achieved by relocating the west access point from the site to 165th Street further to .the west and adding the additional spaces. This action also addressed staff's concerns regarding the distance between the two accesses onto 165th Street. The revised preliminary site plan identified 100 on-site parking spaces plus overflow parking in the bus parking and turnaround area for Phase I. An additional 35 parking spaces are provided in the revised site plan for Phase IL Lonnie Smith, ISD 194, and Kevin Sullivan, Wold Architects, were in attendance and responded to questions and provided clarification to the Commission regarding, grading, landscaping, access, on-site vehicular traffic movements,. landscapi ng/screen i ng. Mr. Smith and Mr. Sullivan indicated their agreement to the conditions for approval of the Lakeville Ninth Elementary Scho©I preliminary and final plat and Conditional Use Permit as recommended by staff. There were no comments from the public. 98.120 MOTION by Miller, Second by Drotning to close the public hearing at 7:10 p.m. Roll call vote was called on the motion. Ayes: Cecchini, Wulff, Miller, Kot, Rieb, Drotning. Nays: 0. Assistant City Engineer Hanson indicated that an approximate. 3-acre drainage way and wetland complex that traverses the site diagonally from .the southwest to the northeast is proposed to be preserved. A drainage and utility easement will encompass the wetland area. The Dakota County Soil and Water Conservation District had suggested a conservation easement be placed on the wetland/wooded area. Director Sobota noted that staff is not recommending the conservation easement be placed over this area as it would be too restrictive and it is unlikely that the school district will .encroach into the • drainage and utility easement for any reason other than for educational purposes. A Regular Planning Commission Meeting Minutes July 16, 1998 Page 7 • drainage and utility easement on a wetland gives the City the right to review any future uses that would alter that part of the site. 98.121 MorioN by Wulff, Second by Drotning to recommend to City Council approval. of the Lakeville Ninth Elementary School. preliminary and final plat and to recommend to City Council approval of a Conditional Use Permit to allow the construction of a two-phase 700-student capacity public elementary school in the R-2, Single Family Residential District on Lot 1, Block 1, Lakeville Ninth Elementary School according to the revised site plan and subject to the ten. conditions recommended by staff and listed in the July 10, 1998 Planning Report with a modification to Stipulation No. 2 deleting the recommendation of the Dakota County Soil and Water Conservation District to place a conservation easement over the wetland area and approval of the Findings of Fact dated July 16, 1998. Roll call vote was called on the motion. Ayes: Wulff, Miller, Rieb, Drotning, Cecchini. Abstain: Kot. (Commissioner Kot abstained, indicating her employer is /SD 194) Nays: 0. Motion carries. ITEM 8: PUBLIC HEARING: Monroe Truck Equipment: Conditional Use Permit Chair Rieb opened the public hearing for consideration of the application of Monroe i Truck Equipment for a Conditional Use Permit to allow a total impervious surface area greater than 25 percent (25%) in the Shoreland Overlay District. City Attorney Roger Knutson attested that the legal notice had been duly mailed and published as required by state statute. Community and Economic Development Director Michael Sobota indicated that Mr. Jack Matasosky of Appro Development, Inc., representing Monroe Truck Equipment, Inc., has submitted an application for a Conditional Use Permit to allow impervious surface coverage greater than 25 percent in the Shoreland Overlay District. The Conditional Use Permit would allow the construction of an office/warehouse/manufacturing facility for Monroe Truck Equipment on land located on the north side of 215th Street (C.S.A.H. 70) and west of Cedar Avenue (C.S.A.H. 23) across from Car Quest. Community and Economic Development Director Sobota noted that the subject property is .legally described as Lot 1, Block 1, Airlake Development Second Addition. This plat was approved in May of 1996. However, an original proposal from Wiseway for the development of a motor freight terminal facility on this site was abandoned when Wiseway did not complete a purchase agreement for the property. Director Sobota indicated that as a result, the public improvements were not completed, however, the appropriate securities are in-place to guarantee the construction of the utilities and other infrastructure. The public improvements proposed to serve the Monroe Truck Equipment site are the same improvements as originally proposed.. In addition, the existing Development Agreement, Letter Of Credit, final plat and final Regular Planning Commission Meeting Minutes July 16, 1998 Page 8 grading plan for the Airlake Development Second Addition are appropriate to develop the proposed Monroe Truck Equipment facility. Director Sobota provided an overview of the site plan that includes the construction of a 44,890-square-foot office/warehouse/manufacturing facility. The proposed truck facility will result in an impervious surface area of 60 percent within the Shoreland Overlay District at full development. This includes future paved areas (Monroe Trucking will defer 29 of the 74 off-street parking spaces required by ordinance). The Zoning Ordinance allows a total 75 percent impervious surface coverage within all industrial zoning districts located within Shoreland Overlay Districts via a Conditional Use Permit. Grant )acobson, )acobson Engineers/Surveyors, was in attendance and. provided details of the grading plan and pond design. Mr. )acobson indicated that the pond proposed for the Monroe Truck Equipment site is a nutrient removal basin and retention pond that will be maintained as a private facility. Mr. )acobson and staff indicated that the proposed pond. is below the ground water table of the area which meets the recommendation of the DNR. )ack Matasosky, Appro Development, Inc., indicated that Monroe Truck Equipment, Inc. is in agreement to the stipulations recommended by staff and outlined in the )uly 10, 1998 Planning Report. There were no comments from the ublic. p 98.122 MOTION by Kot, Second by Wulff to close the public hearing at 7:35 p.m. Roll call vote was called on the motion. Ayes: Miller, Kot, Rieb, Drotning, Cecchini, Wulff. Nays: 0. 98.123 MOTION by Kot, Second- by Miller to recommend to City Council approval of the application of Monroe Truck Equipment for a Conditional Use Permit to allow the construction of a new building with total impervious surface area Beater than 25 .percent in the Shoreland Overlay District on Lot 1, Block 1, Airlake Development Second Addition (21470 Grenada Avenue) and to approve the Findings of Fact dated )uly 16, 1998. Roll call vote was called on the motion. Ayes: Kot, Rieb, Drotning, Cecchini, Wulff, Miller. Nays: 0, ITEM 9: PUBLIC HEARING: Dennis Dunham Golf Driving Range: Conditional Use Permit Chair Rieb opened the public hearing for consideration of the application of Dennis • Dunham for a Conditional Use Permit to allow the construction of a commercial Regular Planning Commission Meeting Minutes July 16, 1998 Page 9 recreation facility in the I-1, Limited industrial District. 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. Dennis Dunham for a Conditional Use Permit to allow a commercial recreation facility (golf driving range) on his property which is currently zoned I-1, Limited Industrial District. Commercial recreational facilities are permitted in the I-1 District by Conditional Use Permit. The site plan includes a 640 square foot service building with public restrooms and an office/service area for employees. The driving range area is proposed to encompass approximately 18 acres of a 68-acre parcel located east of Kenrick Avenue, north of 215th Street and south of McStop. .Planner Dempsey indicated a gravel parking area for 64 parking spaces is proposed to be constructed on the site. The site proposes an approximate 30-foot wide,. 68-foot long paved driveway that accesses from the site to Kenrick Avenue (C.S.A.H. 5). Planner .Dempsey indicated that the proposed golf driving range is considered a temporary use of the property until realignment of Kenrick Avenue occurs. One of the concepts for realignment of Kenrick Avenue would have a significant impact on Mr. Dunham's property. At the time that a realignment of Kenrick Avenue occurs, the building and other improvements would be removed from the subject property. Mr. Dennis Dunham was present and indicated his agreement to the conditions for approval of the golf driving range facility as recommended by staff. There were no comments from the public. 98.124 MOTION by Wulff, Second by Kot to close the public hearing at 7:45 p.m. Roll call vote was called on the motion. Ayes: Rieb, Drotning, Cecchini, Wulff, Miller, Kot. .Nays: 0. In response to Commissioner Miner's questions, Assistant City Engineer provided details of the plan to provide water service to the site and the options that were open to Mr. Dunham. Commissioner Miller questioned why staff was not recommending that the parking area be constructed with a hard surface. Mr. Dunham responded that the proposed use is considered an interim use of the property and the potential for future impact of the property due to the realignment of Kenrick Avenue, he would like to minimize his expense in developing the site. 98.125 MOTION by Drotning, Second by Kot to recommend to City Council approval of the • application of Dennis Dunham for a Conditional Use Permit to allow the construction of a commercial recreation facility, golf driving range, in the I-1, Limited Industrial Regular Planning Commission Meeting Minutes July 16, 1998 Page 10 District on property located east of Kenrick Avenue (C.S.A.H. 5) and north of 215th Street subject to the five stipulations as listed in the )uly 2, 1998 Planner's.. Report and approval of the Findings of Fact dated )uly 16, 1998. Roll call vote was called on the motion. Ayes: Drotning, Cecchini, Wulff, Miller, Kot, Rieb. Nays: 0. ITEM 10: PUBLIC HEARING: Park Terrace 4th Addition: Preliminary & Final Plat/Rezoning Chain Rieb opened the public hearing for consideration of the application of Mr. Felix Tillges for the Park Terrace 4th Addition preliminary and final plat and application for a rezoning of the proposed Park Terrace 4th Addition from R-2, Single Family Residential District to R-3, High Density Single Family Residential District. City Attorney Roger Knutson attested that the legal notices had been duly mailed and published as required by state statute. Community and Economic Development Director Michael Sobota presented an overview of the application from Mr. Felix Tillges for the preliminary and final plat of Park Terrace 4th Addition. Mr. Tillges is proposing to develop two single family residential lots on an existing platted lot, a metes and bounds parcel, and vacated right- . of-way on land located on the south side of 208th Street, east of Holiday Avenue in downtown Lakeville. The total parcel area is approximately .5 acres. Sobota indicated that Mr. Tillges is also requestin a rezonin of the subject ro ert g g 1 p p Y from R-2, Single Family Residential District to R-3, High Density Single Family Residential District. The requested rezoning to R-3 will result in the proposed lots meeting minimum lot area and width requirements for the R-3 District. The subject lots are in excess of 11,500 square feet in area with a 78-foot lot width. The R-3 District minimum lot area requirements are 9,375 square feet and 75 feet lot width. The two proposed lots in Park Terrace 4th Addition are consistent and compatible with existing developed single family lots in the area. Assistant City Engineer Tim Hanson indicated that Park Terrace 4th Addition will utilize existing public streets, sanitary sewer, watermain, and storm drainage facilities. Mr. Grant )acobson, )acobson Engineers/Surveyors, was in attendance representing Mr. Tillges and responded to questions regarding site conditions and grading plans.. There were no comments from the public. 98.126 MOTION by Miller, Second by Drotning to close the public hearing at 7:50 p.m. Roll call vote was called on the motion. Ayes: Cecchini, Wulff, Miller,. Kot, Rieb, Drotning. • Nays: 0. Regular Planning Commission Meeting Minutes July 16, 1998 Page 11 • 98.127 MOTION by Miller, Second by Drotning to recommend to City Council approval of the Park Terrace 4th Addition preliminary and final plat and a rezoning of property from R- 2, Single Family Residential District to R-3, high Density Single Family Residential District subject to the five stipulations as Fisted in the July 10, 1998 Planning Report and approval of the Findings of Fact dated July 16, 1998. Roll call vote was called on the motion. Ayes: Wulff, Miller, Kot, Rieb, Drotning, Cecchini. Nays: 0. ITEM 11: THE FUTURE /S NOW: PUTT/NG A STOP TO THE H/GH COST OF URBAN SPRAWL: VIdeO Presentation Community and Economic Development staff presented a video relating the findings of a recent study conducted by the Builders Association of the Twin Cities regarding housing and their recommendations for abatement of potential future housing and land shortages in the Twin Cities area. Following the video, lengthy discussion was held regarding current building trends in the Twin Cities and how this affects the City of Lakeville. Community and Economic Development Director Michael Sobota indicated that these trends and existing housing conditions of the City will be researched and recommendations prepared for inclusion in the final Comp Plan Update. The next Planning Commission Meeting will be held at 6:00 p.m. on Thursday, Au ust 6, 1998. There being no further business, the meeting was adjourned at 8:40 p.m. Respectfully submitted ` ~ Donna Quintus, Recor ing Secretary ATTEST: • Lauri Rieb, Chair