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HomeMy WebLinkAbout09-19-96 • CITY OF LAKEVII.,LE PLANNING COMMISSION MEETING NIINUTES SEPTEMBER 19,1996 The meeting was called to order by Chair Luick at 6:00 PM in the City Hall Council Chambers. Roll call of members was taken. Present: Wulff, Amborn, Luick, Rieb, Kowalke and Bellows. Commission members Miller and Cecchini were absent. Also .present: Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development Director; Frank Dempsey, Associate Planner; Gary Fuchs, City Attorney; Tim Hanson, Assistant City Engineer, and Judi Ryan, Recording Secretary. ITEM 3. - Minutes of September 5,1996. The minutes of the September 5, 1996 Planning Commission meeting were approved as printed, ITEM 4. - Announcements: There were no additions or corrections to the meeting agenda. City. Administrator Bob Erickson stated that Commission members will be brought up to .date • later in the meeting. concerning new signage to publicize the new information phone line which will be available to the general public next week. ITEM 5. - PUBLIC HEARING: John and Ana Weinel, 9928 Oak Shores Drive The .public hearing was opened to consider the application of John and Ana Weinel for the vacation of a drainage and utility easement on property located at 9928 Oak Shores Drive. Gary Fuchs attested that proper legal notices had been duly published and mailed. Associate .Planner Frank Dempsey stated that the purpose of the proposed easement vacation is to allow the combination of Lots 6 and 7, Block 2, Oak Shores Third Addition, the construction of a new attached garage and the relocation of the driveway onto Lot 7. The existing garage is proposed to be remodeled into living space. The applicants are requesting. that the lots be combined by the Dakota County Auditor into one single parcel for tax purposes. A survey of the property identifies all significant trees located on the property. Of particular interest are the trees which are nearby the proposed new driveway. Staff is recommending tree protection fencing be placed in order to prevent damage. All appropriate utility companies have been contacted and there was no opposition to the proposed vacation. Staff recommends approval of the application based on the stipulations in the planning report. Commission member Amborn asked if, given the dry conditions, the tree in question near the new driveway should. be receiving extra water. The contractor, Charles Barsness, stated that he would do whatever necessary to preserve the tree. Planning Commission Meeting Minutes September 19, 1996 .Page -2- • In answer to her question, Commission member Rieb was told that the driveway complies with the minimum setback from the neighboring property. In response to a question by Commission member Kowalke, Mr. Dempsey stated that the sight lines for the new driveway are actually better than .the old because it has been moved further west. 96.97 Motion was made by Wulff, seconded by Kowalke to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 96.98 Motion was made by Amborn, seconded by Kowalke, to recommend City Council approval of the application of John and Ana Weinel for the vacation of a drainage and utility easement on property located at 9928 Oak Shores Drive based on the stipulations in the Planner's report dated September 11, 1996. Roll call was taken on the motion. Ayes: Unanimous. ITEM 6. - PUBLIC HEARING: Kwik Trip, County Road 46 &Kenrick Ave.. The public hearing was opened to consider the application of Kwik Trip to rezone a 1.45 acre parcel at the southeast intersection of County Road 46 and Kenrick Avenue from R-2 to B-4 and a conditional use permit to allow the construction of a gasoline station, convenience • store and car wash. City Attorney Gary Fuchs attested that proper legal notices had been duly published and mailed. Associate Planner Frank Dempsey stated that the proposal complies with the .County Road 46 /Interstate 35 Land Use Plan. Properties to the. east and south are zoned for single family residential lots. Kwik Trip Company had hosted a neighborhood .meeting on August 22nd, where many residents had offered comments and recommendations. Associate Planner Frank Dempsey presented his Planning Report which addresses the building exterior, setbacks from property lines, storm water drainage, lighting and landscaping. An oil skimming device which is being required as part of the conditional use permit is designed to separate oil residue from storm water prior to the storm water leaving the site. A single freestanding light pole off Kenrick Avenue is provided on site at the driveway. All other lighting is either under the canopy or on the building. Kwik Trip is proposing on the site plan to add arborvitae to the landscaping plan for additional screening of headlights and noise and has also agreed to erect a 6-foot wooden fence along the east property line, as recommended.. by .residents. Kwik Trip is proposing to remove the trees along County Road 46 and replace them with a row of shrubs, Staff would prefer that an attempt be made to preserve the trees during construction. Access to the Kwik Trip site will be off of Kenrick Avenue and will be 40-feet wide. In the future this will be shared with the commercial property to .the south. A private easement is required for the shared access. The Kwik Trip free standing sign is proposed to be 115 square feet and 20 feet high and will be landscaped with shrubs. Two wall signs will also be present on the canopy rather than the Planning Commissi©n Meeting Minutes September 19, 1996 Page -3- • building. Plans call for these signs to be 12 square feet each, which is smaller than allowed. Staff felt the design to locate the trash storage area between the store and car wash buildings was a superior plan. A car wash is proposed to be attached to the east side of the convenience store building. Two vacuums are proposed for the south side of the site at a more screened area, as requested by neighbors at the neighborhood meeting. Spruce trees are proposed between the car wash and the east property line and along the west side of Jewel Avenue. The spruce trees adjacent to Jewel Avenue are proposed to be 10 feet tall. Mr. Dempsey concluded by stating. that staff is recomfnending approval of the rezoning and conditional use permit based on the nine stipulations in the Planner's Report and with the addition of the amendment of the plan to include the preservation of trees on site and the amendment of the landscape plan to include landscaping around the light fixture located near the site entrance. Chair Luick noted stipulation #6 needs to be clarified as to signage being delegated to the canopy or the building, but not both. Kwik Trip representative Paul Hanson expressed to the Planning Commission that it is the company's intent for site layout to serve all customers, whether they be gas or grocery clientele. Mr. Hanson stated that the building is proposed to be a ranch style, two-tone red brick building with a pitched roof, which will fit well with the adjoining neighborhood.. Windows will provide natural light in the car wash and the grocery area. He stated that for pedestrian safety purposes, Kwik Trip prefers to use a 21-foot spacing between pump island curbs so that another drive lane is not created. As stated at the neighborhood meeting, Kwik Trip will try to preserve as much natural vegetation and slope as possible and will be building a retaining wall along the east side of the property. He feels that the oak trees may not survive more than five to ten years once they are disturbed and they would prefer to get rid of them now. Outside sales displays will be for salt, windshield washer fluid, LP cages and ice. No adult or pornographic materials will be sold at this establishment. Mr. Hanson also stated that the neighborhood meetings were very good and Kwik Trip has incorporated many of the suggestions made by residents into their site plan. He stated that Kwik Trip is in agreement with stain s nine stipulations and the additional landscaping around the lights. Chair Luick stated that there still is a difference of opinion on the oak trees. Commissioner Wulff felt the traffic flow on the site appeared awkward and suggested the building be reversed. Mr. Hanson stated that the current concept was chosen as a good way to separate uses of car wash and other customer services and that if reversed, the building's trash would be visible from 160th Street. Wulff also was concerned with ice at the ends of the car wash. Kwik Trip representatives responded that the cement is heated to prevent ice buildup. Planning Commission 1Lleeting Minutes September 19, 1996 page • Commission member Amborn asked that if the oak trees were to be removed if evergreens could be used for replacement. He also complimented the plans for 10-foot evergreens on the east side of the site. In response to another question, Mr. Paul Hanson stated that hauling of snow is typical of procedures used for snow removal. Mr. Paul Hanson stated that several concepts of the site were reviewed with City staff and this layout made the best use of site and accessibility while maintaining .the integrity of the neighborhood. Staff felt that strategically located screening would minimize headlight activity into the adjoining properties. Tim Hanson. stated that he and the City Forester had looked at the trees on the property and with the exception of one white oak, all trees appeared able to be saved. Chair Luick opened the hearing to the public. Mr. Greg Miller, who lives directly east of the site on the corner of Jewel Avenue and County Road 46, stated his concern about road noise and his property being devalued. He feels there are enough car washes in the area and if they could eliminate the car wash portion, the building could be set back further on the lot and more trees could be saved. He stated that this is not a commercial area and is opposed to the SuperAmerica planned for the other corner, stating that there are other convenience stores less than two minutes away. • Ed Bach, 16306 Jewel Avenue, stated that he feels that this building. would negatively affect property values. Mike Sobota responded that although the City has not requested information from the Dakota County Assessor's office, studies have shown that facilities of this type do not negatively impact area property values. Mr. Bach was also concerned with potential noise from the dryer at the car .wash.. He asked if the dryer could be more concealed or only be turned on with the door closed. Mr. Paul Hanson stated that because of the orientation to the north, noise should dissipate and be no more than conversation level before reaching the homes. The wood fence .and vegetation screening should adequately take care of the noise. Jay Young, 16128 Jewel Avenue, stated that he agrees with the Bach and Miller families that it would be better if the car wash were not there. He is concerned about potential noise from the car wash, headlights shining through the car wash windows into residents' yards and the sign being so large. He requested larger and mare arborvitae be planted along Jewel Avenue. It was stated that because of the elevation change, neighbors on Jewel Avenue would not be able to see the sign. Skylights could possibly be installed rather than side windows and. the blowers and vacuums could be non-functional during night-time hours. Mr. Paul Hanson stated that the area along Jewel Avenue could be filled in with spruce trees. Robert Crawford, 16343 Java Circle, stated that he lives across the pond and will be looking down on the Kwik Trip because of the .elevation change.. He stated he had checked on the zoning prior to building his home four years ago and is now concerned about his property • value. He is also concerned that any potential spillage which would run into the pond. andlor Planning Commission Meeting Minutes .September 19, 1996 Page -5- Crystal Lake would be detrimental to wildlife in the area. He also asked if gas vapors would be noticeable in the neighborhood. Tim Hanson responded on the drainage patterns and filtration. Commission member Wulff stated that the Kwik Trip is exceeding the screening requirements for their facilities and has complied with all the ordinances. The City is also requiring an oil separator be installed. Tim Hanson stated that the grading of the facility will not allow drainage into the pond. Beth Crawford, 16343 Java Circle, asked where she could go to see another Kwik Trip which has been built in a residential area:. Mr. Paul Hanson stated there is one on Rice Street in St. Paul and another in Faribault. Ms. Crawford also asked about access to County Road 46. Staff responded that Dakota County controls access and for safety purposes and does not allow access onto heavily traveled roadways. Conduits for traffic lights at Kenrick Avenue and County Road 46 have been installed but lights will not be installed until traffic warrants are met. Commission member Wulff felt that 7:00 AM would be an appropriate time for the car dryers and vacuums. to begin operations each day. • Mr. Paul Hanson stated that in addition to the nine stipulations stated in the Planner's Report, Kwik Trip would agree to the following additional stipulations: 10, As many trees as possible would attempt to be preserved and the trees would be trimmed by a professional at the appropriate time of the year to assist with preservation. 11. Landscaping would be installed around the light standard. 12. The car washdryers and vacuums would be rendered non-operational between 10:00 PM and 7:00 AM. The glass block windows on the east wall of the car wash shall be removed from the building plan. Mr. Paul Hanson stated that gas vapors_ have never been a problem at .other locations and staff stated they have never received complaints from residents who live nearby other gas fueling facilities. Mr. Paul Hanson. stated that their company uses state of the art technology as well as meeting or exceeding all state and federal regulations. Mike Sobota thanked the residents for their patience and input. 96.99 Motion was. made by Rieb, seconded by Wulff, to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 96.100 Motion was made by Amborn, seconded by Wulff, to recommend City Council approve the application of Kwik Trip for rezoning property from R-2, single .family residential, to B-4, general business district, and a Conditional Use Permit to allow the construction of a planning CommissionMeetingMifzutes September 19, 1996 Page -6- • , convenience store, gas station and car wash, subject to the nine stipulations in the Planner s Report and stipulations 10, 11 and 12 as stated above, and subject to the Findings of Fact and Recommendation dated September 19,.1996. Roll call was taken on the motion. Ayes: Unanimous. ITEM 7. - NEW BUSINESS. A. Livable Communities Act Plan. Ms. Tracie Chamberlin, Assistant to Mark Ulfers, the Executive Director of Dakota County HRA, was present for discussion of the City of Lakeville's response to the Livable Communities Act (4rfield Legislation) which was submitted to the Metropolitan Council. The City has established affordable, life cycle and density housing goals- for the years 1996 through 2010. The HRA has been working closely with Dakota County communities to develop action plans to .achieve affordable housing plans developed by each city. Only cities which have approved plans will be eligible for housing grant funds. Commission members asked several questions of staff .and Ms. Chamberlin and discussed subsidized housing and various aspects of Lakeville's goals. Staff showed Commission members new signage which will be erected at proposed development sites to increase public notice and provide citizens with better information. The signs will advertise a phone number, 985-PLAN, which citizens will be able to call in order to receive a recorded message concerning plans for. a particular property. Lakeville is the first city in this area to use this method of public notice. The first properties to be signed will be Photran CUP in Airlake and SuperAmerica on County .Road 46. Commission members briefly discussed the proposal of Credit River to develop property into 2.5-acre parcels, as opposed to the 10-acre minimum required by the City of Lakeville and the impact that would have on Lakeville. Respectfully submitted, 7ud' Ryan, Reco g Secretary ATTEST: David Luick, Chair • •r J