HomeMy WebLinkAbout12-10-98 City of Lakeville
• PLANNING COMMISSION MEETING MINUTES
December 10, 1998
The November 10, 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, Drotning, Cecchini, Wulff, Ex Officio Bellows.
Absent: None.
Staff present: Michael Sobota, Community and Economic Development Director; Daryl
Morey, City Planner; Frank Dempsey, Associate Planner; Ron Mullenbach, Planning
Assistant; Tim Hanson, Assistant City Engineer; and Roger Knutson, City Attorney.
The November 19, 1998 Planning Commission meeting minutes were approved as
submitted.
ITEM 5: PUBLIC HEARING: James Flint: Special Home Occupation Permit
Chair Rieb opened the public hearing for consideration of the application of James D.
Flint for a Special Home Occupation Permit to allow the operation of a photography
studio in a townhouse residence. City Attorney Roger Knutson attested that the legal
notice fiad been duly mailed and published as required by state statute.
• Community and Economic Development Director Michael Sobota indicated that Mr.
James D. Flint has requested that discussion and action on his application for a Special
Home Occupation Permit be continued to allow time for the Townhouse Association to
process an amendment to the Crosswinds Community Townhouse Association (Town
and Country Homes) Covenants.
.98.171 MOTION by Kot, Second by Wulff to continue the public hearing for the application of
James Flint for a Special Home Occupation to the January 7, 1999 regular Planning
Commission meeting.
Roll call vote was called on the motion.
Ayes: Miller, Kot, Wanner, Rieb, Drotning, Cecchini, Wulff.
Nays:.0.
ITEM 6: 'PUBLIC. HEARING: Ames Civic Arena ExpansionlLakeville Elementary 2"d
Addition: Easement Vacation, Preliminary and final Plat,
and Conditional Use Permit Amendment
Chair Rieb opened the public hearing for consideration of the following: 1) application
of the City of Lakeville for the vacation of boundary drainage and utility easements; 2)
application of the City of Lakeville and Independent School District 194 for the
preliminary and final plat of .Lakeville Elementary 2~d Addition; and 3}the application of
• the City of Lakeville and Independent School District 194 for a Conditional Use Permit
Amendment to allow an expansion of the Ames Civic Arena all on property generally.
located east of Ipava Avenue and north of Kenwood Trail {C.S.A.H. 50). City Attorney
Regular Planning Commission Meeting Minutes
December 10,1998
Page 2
• 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 applications of the
City of Lakeville, in conjunction with Independent School District (ISD) 194, and in
support of the Lakeville Hockey Association and Lakeville Community Corporation's
proposal fora 26,600 square foot expansion of the Lakeville Ames Arena. Proposed
improvements include a second sheet of ice, additional lockers and restrooms, and a
mechanical room. Planner Dempsey noted several planning actions are required to
accommodate the proposed ice arena expansion project.
EASEMENT VACATION
Associate Planner Dempsey indicated that the City of Lakeville is requesting the
vacation of existing boundary drainage and utility easements on Lot 1, Block 1,
Lakeville Elementary Addition and on Lot 2, Block 1, Lakeville High School Addition.
The proposed replatting of Lot 2, Block 1, Lakeville High School Addition and Lot 1,
Block 1, Lakeville Elementary Addition results in the shifting of a property line east of
its current location. New boundary drainage and utility easements will be established
in the proposed Lakeville Elementary 2"d Addition final plat.
Mr. Dempsey indicated that US West (formerly Northwestern Bell) has authorized the
release of a Northwestern Bell telephone private telephone easement over the
southwest corner of Lakeville Elementary Addition. All other utility companies have
been notified and have responded that they have no objection to the proposed
easement vacation.
LAKEVILLE ELEMENTARY 2ND ADDITION PRELIMINARY AND FINAL PLAT
Associate Planner Frank Dempsey presented the proposed Lakeville Elementary 2~d
Addition preliminary and final plat. Dempsey indicated that the proposed plat consists
of the replatting of two existing .lots (Lot 1, Block 1, Lakeville Elementary Addition and
Lot 2, Block 1, Lakeville High School Addition), and includes the acquisition by the
City HRA of a 75-foot wide strip of land from ISD 194, to accommodate the- proposed
expansion of Lakeville Ames Arena.
Associate'Planner Dempsey indicated that 89 parking spaces are provided on the
current arena property. The 1993 Conditional Use Permit for the ice arena project
included approval of 100 off-site parking spaces for ice arena events on the Lake
Marion Elementary School site. In addition, 122 parking spaces were constructed just
north of the arena in 1997 as a condition for approval of the high school expansion
project to be shared by the high school, football stadium, and ice arena. No
additional seating capacity is proposed, therefore, the existing 311 available parking
spaces meet ordinance requirements.
Associate'Ptanner Dempsey provided details of the following site plan elements,
including expansion of the drive aisle width east of the building expansion and the
relocation of the trash enclosure:
- landscaping;
Regular Planning Commission Meeting Minutes
December 10, 1998.
Page 3
. - parking;
- ingress/egress to site;
- :building security lighting;
- turnaround area for trash removal vehicles on south side of site;
- building setbacks; and
- proposed exterior building materials.
CONDITIONAL USE PERMIT AMENDMENT
Associate Planner Dempsey discussed the application of the City of Lakeville, in
conjunction with ISD 194, for an amendment to Conditional Use Permit No. 93-14.
CUP 93-14 was issued on December 20, 1993 to allow the development of the
existing Ames Arena. The currently proposed addition was identified as a potential
second phase of the arena approved in 1993. The proposed building addition is
consistent with the Ames Arena Phase I master plan.
Associate Planner Dempsey indicated that Community and Economic Development
staff recommends approval of the Lakeville Elementary 2"d Addition preliminary and
final plat, easement vacation, and conditional use permit amendment subject to the
comments. of the December 4, 1998 Planning Report and December 4, 1998 Assistant
City Engineer Report, including. the expanded drive aisle and truck turnaround.
. Commissioner. Wulff indicated her opinion that additional landscaping should be
provided in the existing vegetation gaps around the trash enclosure and drive aisle on
the south side of the site adjacent to the rear of existing single family homes.
Commissioner Cecchini requested details regarding the ice arena existing parking and
shared parking agreements with adjacent school properties.
Associate Planner Dempsey indicated that 89 parking spaces are provided on the
current arena property. The 1993 Conditional Use Permit for the ice arena project
included approval of 100 off-site parking spaces for ice arena events on the Lake
Marion Elementary School site. In addition, 122 parking spaces were constructed in
1997 as a condition for approval of the high school expansion project to be shared by
the high school, football stadium, and. ice arena. No additional seating capacity is
proposed, therefore, the existing 311 available parking spaces meet ordinance
requirements. Commissioner Cecchini suggested a "no parking" sign should be posted
at the driveway turnaround.
City Finance Director Dennis Feller indicated that ISD 194 is responsible for
maintaining the trailway between Lake Marion Elementary and Ice Arena parking lots.
Mr. Feller also noted that a current agreement between ISD 194 and Ames Ice Arena
states that if there is an event at the high school football stadium, the second sheet of
ice of Ames Ice Arena will not be used during those times in order to reduce the need
• for parking.
Regular Planning Commission Meeting Minutes
December 10,1998
Page 4
• Commissioner Miller indicated his desire to add a stipulation for approval of the
Lakeville 2"d Addition preliminary and final plat to include approval of the plat by the
Dakota County Plat Commission.
There were no comments from fhe audience.
98.172 MOTION by Wanner, Second by Wulff to close the public hearing.
Roll call vote was called on the motion.
Ayes: Kot, Wanner, Rieb, Drotning, Cecchini, Wulff, Miller.
Nays: 0.
After further discussion, the Commissioners agreed to the following stipulations:
1. Thee turnaround should be signed "no parking."
2. Additional landscaping shall be field located to screen the east driveway, staff
parking lot and trash enclosure from nearby residences..
3. The Dakota County Plat Commission shall review the final plat.
98.173 MOTION by Drotning, Second by Cecchini to recommend to City Council approval of the
Lakeville Elementary 2"d Addition preliminary and final plat, easement vacation, and
amendment to Conditional Use Permit 93-14 to allow the expansion of the existing
Lakeville Ames Arena. subject to the three stipulations as listed in the December 4,
1998 Planning Report, as amended, with the addition of the three stipulations
discussed above and approval of the Findings of Fact dated December 10, .1998.
Roll call vote was called on the motion.
Ayes: Wanner, Rieb, Drotning, Cecchini, Wulff, Miller, Kot.
Nays: 0.
ITEM 7: PUBLIC HEARING:. Comprehensive Guide Plan Update
Chair Rieb opened the public hearing for consideration of the 1998 update to the
• Comprehensive Guide Plan. City Attorney Roger Knutson attested that the legal notice
had been duty mailed and published as required by state statute.
Alan Brixius, Northwest Associated Consultants, Inc. (NAC), presented an overview of
the draft 1998 Comprehensive Guide Plan Update. Mr. Brixius briefly summarized the
comprehensive planning .process which included the compilation of comments collected
through a series of 22 neighborhood meetings held over the past year, Planning
Commission meetings, .and comments. from individual property owners and residents.
Mr. Brixius .indicated that revisions recommended by the Economic Development
Commission and 1998 Strategic Growth Management Task Force fiave also been
incorporated into this draft.
Mr. Brixius stated that the draft plan includes an Issues Summary and Policy Plan, as
well as a Land Use Plan map and text, Natural Environment .Plan, Transportation Plan,
Community Facilities Plan, Planning District recommendations, and Administration
Plan.
Regular Planning Commission Meeting Minutes
December 10,1.998
Page 5
•
Mr. Brixius provided an overview of the following elements of the draft plan:
? Natural Environment: Plan: This section incorporates the recommendations of the
Joint EDC/EAC South Creek Trout Subcommittee.
? MUSA Staging Plan
? Proposed. Land Use Plan:
- Rural Transition Overlay District
- Medium Density as Transition Between Commercial and Single Family land uses
- Heritage Commons/Central Area Special Considerations
- Residential Areas
- Commercial Areas
- Office Park/Business Campus Areas
- Industrial Areas
- Land Use Planning District
? Transportation -1994 Plan
? Community Facilities Plan
Administration Plan
Community and Economic Development Director Michael Sobota outlined revisions to
the plan distributed to the Planning Commission prior to the meeting that are being
recommended by staff related to Planning District No. 7 Land Use Map, page 71 of the
Development Framework related to Rail Service, Page 122 related to Redevelopment
and Planning District No. 2 Land Use Map as detailed in his memo dated December 10,
1998. Mr. Sobota also recommended text amendments related to access for the
Hansen, Malmberg-Bond, and Render properties.
Sobota also outlined correspondence received regarding the properties of George
Warweg, .Byron Watschke, David Malmberg (Malmberg-Bond), J.H. and Suji Lee, Bruce
Hansen, Jim Render, and Ron Gerk.
98.174 MorioN by Cecchini, Second by Wanner to receive the above-mentioned
correspondence for public record.
Roll call vote was called on the motion.
Ayes: Rieb, Drotning, Cecchini, Wulff, Miller, Kot, Wanner.
Nays: 0.
:Commissioner Drotning asked if the existing B-4 zoned properties owned by Bruce.
Hansen along 165' Street are being assessed as commercial .property and if the
assessment is consistent with the proposed land use. Mr. Sobota indicated that the
. office/business campus use designation is consistent with commercial assessments for
the Hansen property. The Dakota County Assessor considers office/business campus.
uses as commercial for their purposes.
Regular Planning. Commission Meeting Minutes
December 10,1998
Page 6
. Commissioner Wulff indicated her opinion that development of office/business campus
and commercial uses north of 165t" Street should be oriented toward Kenrick Avenue
with berming and landscaping being required along 165t" Street as a buffer to existing
single family development on the south side of 165th Street. Commissioner Wulff
stated that this requirement is consistent with language. in the proposed update of the
Comprehensive Plan.
City Administrator Robert Erickson noted that the State Legislature has passed
legislation mandating that zoning be consistent with Comprehensive Guide Plan land
use designations. City Attorney Roger Knutson discussed this statutory requirement in
greater detail
Jay Karlovich, for Daniel Beeson of LeVander, Gillen & Miller, P.A., representing
property owners Hansen and Warweg, distributed aerial photos and a comprehensive
plan map showing the four Hansen lots along 165t" Street, which total six acres. Mr.
Karlovich indicated Mr. Hansen's opposition to the proposal to redesignate the land use
of the twa lots abutting 165t" Street from. Commercial to .Office Park/Business Campus.
City Administrator Erickson indicated that the proposed land use split provides for more
intense commercial uses to the north (similarto existing commercial to the north where
higher traffic volumes can be accommodated by Kenrick Avenue); and.less intense
commercial uses to the south abutting lower traffic volumes on 165th Street and-more
• 'compatible with single family uses to the south. Staff is attempting to meet the goals of
neighbors to the south, as well as the goals of Mr. Hansen.
Mr. Brixius indicated that the 1998 Comprehensive Guide Plan Update is
recommended to state. that no through-access connections (public or private) between
Kenrick Avenue and 165t" Street would be permitted on the Hansen and Malmberg-
.Bond properties.
Mr. Karlovich stated his opinion that splitting the land use/zoning of the four Hansen
parcels will not achieve what Commissioner Wulff stated earlier regarding buffering of
future commercial from existing residential uses.
Mr. Bruce Hansen stated that the 1994 I-35/County Road 46 Interchange Land Use
Study prepared for the City by NAC that supports the current B-4, General Commercial
zoning of the property should be followed. Mr. Hansen noted that the property has
been specifically marketed based on the long-standing commercial designation and
that he has been assessed for road and utility extensions for the property based on the
current B-4, General Commercial zoning.
Mr. Karlovich, on behalf of Mr. Beeson of LeVander, Gillen & Miller, P.A., distributed
copies of a Comprehensive Plan map showing the George Warweg property which
includes approximately 50 acres of land south of Highway 50. Mr. Karlovich stated that
. Mr. Warweg is opposed to the land use changes proposed for his property from
commercial to office park/business campus. The "triangle-shaped" area, surrounded by
Ipava Avenue, County Road 50, and 202"d Street West, and the .parcels directly west of
Ipava Avenue are currently guided for low density residential and are zoned B-4,
Regular Planning Commission Meeting Minutes
December 10, 1998
Page 7
i General Commercial. Mr. Karlovich further stated that the property owner, Mr. Warweg,
has paid assessments for Ipava Avenue and real estate taxes based on the current
commercial zoning of the property.
City Administrator Erickson indicated that Mr. Karlovich's statement is in conflict with
what is indicated in the letter dated December 2, 1998, where Mr. Beeson states that
he and Mr. Warweg agree to the proposed medium density designation of the Warweg
property located west of Ipava Avenue. Mr. Erickson further stated that there are
access challenges for this property due to the existing railroad tracks and County Road
50. Mr. Erickson stated that staff respects Mr. Warweg's desire to achieve commercial
development of his land east of Ipava Avenue, but at a less intense use than B-4.
Office use is consistent with existing. development on the north side of County Road 50.
Mr. Erickson cited an existing City Assessment Agreement for the Warweg property for
Ipava Avenue which defers all assessments without interest until the property is
developed and noted the current Green Acres tax status of the property.
Mr. John Raplinger, 11897 - 210th Street West, expressed his opposition to allow
gravel mining west of I-35, adjacent to existing single family homes.
Mr. Brixius cited the gravel resources map (geologic atlas) in the Comprehensive. Guide
Plan noting that the Zoning Ordinance now considers gravel mining as an interim, use
subject to annual permit requirements and a specific sunset date.
City Administrator Erickson asked the Planning Commission to consider adding
language to the 1998 Comprehensive Guide Plan Update which would prohibit new
asphalt plants associated with gravel mining in proximity to future residential areas.
The Planning Commission agreed.
Claire Ske s, 16528 Kentucky Avenue, requested clarification on driveway access on
167 Street adjacent to Kentucky Avenue (Render properly).
Community and Economic Development Director Sobota proposed language in the
1998 Comprehensive Guide Plan Update text stating that no commercial driveway
access east of Kentucky Avenue will be allowed on the Render property. The Planning
Commission agreed.
Chair Rieb called for aten-minute break. The December 10, 1998 Special Planning
Commission Meeting was reconvened at 8:40 p.m.
Mr. Larry Debelak, Lakeville Industrial Acreages, stated that he owns property on the
north side of County Road 70, east of Kenrick Avenue and noted an error on the MUSA
Staging Map regarding the boundary of .Expansion Area C along County Road 70. Mr.
.Debelak noted that the boundary between Areas B and C on his property should occur
at County Road 70. The Planning Commission agreed to this adjustment.
City Administrator Erickson stated that the 1998 update to the Comprehensive Guide
Plan will be reviewed by the City Council at their December 21, 1998 meeting with final
action at their January 4, 1.999 meeting. Mr. Erickson cited the importance of meeting
Regular Planning Commission Meeting Minutes
December 10, 1998
Page 8
• the Metropolitan Council deadline for completion of the City's Comprehensive Guide
Plan. Mr. Erickson also stated that part of the County Road 42 Study recommended
the need for an east/west principal arterial corridor study. The study would identify the
next principal arterial corridor south of County Road 42.
98.175 MOTION by Cecchini, Second by Drotning to close the public hearing.
Roll call vote was called on the motion.
Ayes: Drotning, Cecchini, Wulff, Miller, Kot, Wanner, Rieb.
Nays: 0.
Commissioner Wulff noted that there appears to be more low/medium, medium/high
density land use proposed for properties located south of Dodd Boulevard along Cedar
Avenue than in the previous draft land use plan.
Mr. Brixius indicated that this is due to the proximity of this property to future 185'
Street, (possible principal arterial corridor), Cedar Avenue, and Dodd Boulevard arterial
streets.
Commissioner Wulff expressed concern about school attendance areas and traffic
issues associated within this large area of medium density land use.
Administrator Erickson suggested adding language to East Rural Service Area Planning
District that identifies 1851 Street as a possible east/west principal arterial corridor. In
addition, it should state that adjacent land uses will be decreased in density if 185tH
Street is not designated. as an alternate principal: arterial. It should also state that land
uses adjacent to the 185tH Street/Cedar Avenue intersection should be decreased if
185tH Street is not designated as a principal arterial
The Planning Commission agreed to modifications of the proposed density for parcels
in this area, adding High Density Residential to the 80 acres in the northwest quadrant
of 185tH Street and Cedar Avenue, and placing Medium Density Residential on the 80-
acre .parcel west and 80-acre parcel north of the High Density Residential parcel
In summary, the Planning Commission recommended the following changes to the
1998 draft Comprehensive Guide Plan Update:
1. Page 25: Modification to MUSA Staging Map.
2. Page 49 of Policy Plan: Rural Service Area -prohibition of asphalt plants.
3. Page 71: Modifications of language regarding light rail transit.
4. Page 91: Wording will be added to address access limitations on 167th Street West.
5. Page 91: Wording will be added. to address access limitations on 165tH Street West.
6. Page 97: Modify Land Use Plan for Oak Ridge Heights 1St and 2"d Additions to
Low/Medium Density Residential
7. Page 122: Modify Recommendation No. 14 by replacing. the word "pursue" with the
word "support".
Regular Planning Commission Meeting Minutes
December 10,1998
Page 9
• 8. Page 123: Modification of Land Use Plan for south portion of UBC site.
9. Page 138: If 185th Street is not chosen as a principal arterial, modify proposed land
uses in East Rural Service District.
10. 185th Street/Cedar Avenuemedium/high density changes.
98.176 .MOTION by Miller, Second by Cecchini to recommend to City Council approval of 1998
update to the Lakeville Comprehensive Plan subject to the ten stipulations as listed.
above.
Roll call vote was called on the motion.
Ayes: Cecchini, Wulff, Miller, Kot, Wanner, Rieb, Drotning.
Nays: 0.
ITEM 9: NEW BUSINESS: 1998 Strategic Growth Management Task Force
Commissioner Drotning .presented a brief overview of the recommendations of the 1998
Strategic Growth .Management Task Force of which he was a member. He noted the
recommendations incorporated into the 1998 update of the Comprehensive Guide
Plan. The Task Force report-provides direction and support for the preservation of
Lakeville's small town atmosphere and community identity, continued support for
business development, protection of the natural environment, intergovernmental
collaboration, and maintaining the City's management capacity. The City Council
• reviewed the Strategic Growth Management Task Force recommendations at their
December 7, 1998 meeting.
The Planning Commission thanked Dennis Miller for his service to the community by
serving on the Planning Commission since 1981. Commissioner Miller has decided to
retire from the Planning Commission. His current three-year term expires as of
December, 1998.
The Planning Commission also thanked Barbara Wanner for her service on the
Planning Commission for the past two years. Commissioner Wanner has submitted her
resignation. effective January, 1999. The City Council will be appointing a candidate to
complete Ms. Wanner's three-year term which expires in December, 1999.
There being no further business, the meeting was adjourned at 9:40 p.m.
Res tfully submi ,
onna Quintus, Re rding Secretary
ATTEST:
•
a rie Rieb, Chair