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HomeMy WebLinkAbout08-18-94 r . CITY OF LAKEVII.LE PLANNING COMNIISSION MEETING MINUTES August 18, 1994 The meeting was called to order by Chair Holberg at 7:.00 p.m. in the.City Hall Council Chambers. Roll call of members was taken. Present: Whitehouse, Luick, Steigerwalt, Holberg, Skipton, Miller. Absent: Smith. Also present: Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development Director; Jim Walston, Assistant City Attorney; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Tim Hanson, Assistant City Engineer; Mira Holliday, Recording Secretary. The minutes of the August 4; 1994 Planning Commission meeting were approved as printed. ITEM 4 The continued public hearing was opened to consider the application of Kwik Trip, Inc.. for a rezoning from R-2, Single family Residential District to B-4, General • Business District; a conditional use permit to allow a Kwik Trip convenience store and a gas station in a B-4 District, all on land located on the west side of Cedar Avenue, south of 170th Street; and the final plat of Kwik Trip Lakeville. Michael. Sobota explained that the public hearing had been tabled pending receipt of additional information. Assistant City Engineer Tim Hanson reviewed the changes in storm water management design submitted by the developer, stating that changes in design were acceptable in addressing the surface drainage and pollution concerns. Assistant City Attorney Jim Walston reviewed a letter prepared by City Attorney Roger Knutson which addressed the issues raised by residents regarding the representations previously made to them by the owner of the property. Mr. Walston further reviewed the Zoning Ordinance criteria for conditional use permit applications and B-4 zoning regulations. Peter Coyle, attorney representing Kwik Trip, Inc. stated he concurred with the comments made by Mr. Walston regarding the criteria for the proposed rezoning and conditional use permit. Public Comment: Robert Palmer of 17322 Greentree Path questioned the filter system for storm • sewer outlets. The developer's engineer, Jeff Shopek, Loucks and Associates, responded. PLANNING COMMISSION MEETING MINUTES AUGUST 18, 1994 Page 2 • Wendy Wolf of 17326 Greentree Path expressed concern over the possible decrease in property values in the area if the proposed Kwik Trip is approved. Keith Peterson of 17329 Greentree Path questioned the hours of operation. He asked if Kwik Trip would consider limiting their hours of operation to 6:00 a.m. to 11:00 p.m. Mr. Coyle stated that Kwik Trip would agree to 5:00 a.m. to midnight. Michael Sobota stated that future commercial development to the west would be limited to a non-auto oriented uses by a condition specified in the conditional use permit. 94.87 Motion was made by Miller, seconded by Skipton to close .the public hearing. Roll call was taken on the motion. Ayes: Unanimous. The Commission held a discussion which included: • Proposed location of outdoor storage of propane gas tanks (to be shown on site plan) • • Distance of nearest residence to the proposed Kwik Trip • Traffic counts in and out of site • Plantings along the fence on the north side of the property • Outside storage • Review of headlight sweep • Future use of the property west of Kwik Trip site • Shared driveway for future commercial use • Hours of delivery of fuel by tanker trucks • Hours of operation Mr. Coyle stated that Kwik Trip concurs with the hours of operation being limited to 5 a.m. to midnight. However, Kwik Trip may. request extended hours in the future as an amendment to the conditional use permit. Amendments to the stipulations listed in the planning report were as follows: M. The hours of operation for Kwik Trip shall be limited from 5:00 a.m. to midnight. O. The conditional use permit shall be amended prior to subdivision of the Kwik Trip ..property. • P. Outdoor storage shall be limited to propane gas only as shown on the site plan. PLANNING COMMISSION MEETING MINUTES AUGUST 18, 1994 Page 3 • Q. Hours of delivery of fuel shall be limited to hours of operation. 94.88 Motion was. made by Miller, seconded by Luick to recommend approval of the application of Kwik Trip, Inc. for a rezoning from R-2, Single family Residential District to B-4, General Business District subject to the planning report dated August 12 1994, the engineering report dated August 12, 1994 and the findings of fact. Roll call was taken on the motion. Ayes: Luick, Steigerwalt, Skipton, Miller. Nay: Holberg. Abstain: Whitehouse. The reason Holberg voted nay was she felt the proposed rezoning is not compatible with the land use in the area. 94.89 Motion was made by Miller, seconded by Steigerwalt to recommend approval of the application of Kwik Trip, Inc. for a conditional use permit to allow a Kwik Trip convenience store and a gas station in a B-4 District, all on land located on .the west side of Cedar avenue, south of 170th Street subject to the stipulations contained in the planning report dated August 12, 1994, the engineering report • dated August 12, 1994 as amended by the Planning Commission and the letter from the City Attorney dated August 12, 1994, and the findings of fact. Roll call was taken on the motion. Ayes: Skipton. Nays: Luick, Steigerwalt, Holberg, Miller. Abstain: Whitehouse. The reason Luick, Miller and Holberg voted nay was they felt there. would be adverse effect on the existing neighborhood. The reason Steigerwalt voted nay was she felt the proposed use of the .property would not be compatible with the neighborhood. Assistant City Attorney Jim Walston stated that findings of fact for denial should be prepared. 94.90 Motion was made by Miller, seconded by Steigerwalt to rescind motion number 94.89. Roll call was taken on the motion. Ayes: Unanimous. 94.91 Motion was made by Steigerwalt, seconded by Luick to direct staff to prepare findings of fact for denial for the proposed conditional use permit to allow a Kwik . Trip convenience store and a gas station in a B-4 District on land located on the west side of Cedar Avenue, south of 170th Street. PLANNING COMMISSION MEETING NIlNUTES AUGUST 18, 1994 Page 4 • Roll call was taken on the motion. Ayes: Unanimous. 94.92 Motion was made by Luick, seconded by Miller to table consideration of the final plat of Kwik Trip Lakeville. Roll call was taken on the motion. Ayes: Unanimous. ITEM 5 The public hearing was opened to consider the application of Parker-Hannifin Corporation for a conditional use permit to allow a loading berth at the front of the existing and proposed expansion of the Parker-Hannifin building located at 21337 Hemlock Avenue. The Assistant City Attorney attested that all legal notices had been duly published and mailed. Frank Dempsey presented an overview of the proposed conditional use permit, outlining the planning report dated August 10, 1994. His review included the following: . • Zoning • Comprehensive Plan • Building height • Building exterior • Lot requirements • Parking requirements Mr. Dempsey stated that staff recommends approval of the conditional use permit subject to four stipulations listed in the planning report and the engineering report. Mark Cormack and Joseph Filak representing Parker-Hannifin and Glen Lindberg, Project Engineer, were present and stated they were in agreement with the recommendations of staff The Commission held a brief discussion. There was no public comment. 94.93 Motion was made by Whitehouse, seconded by Steigerwalt to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. • PLASINING COMMISSION MEETING MINUTES AUGUST 18, 1994 Page 5 • 94.94 Motion was made b Stei erwalt, seconded b Miller to recommend a royal of Y g Y pp the application of Parker-Hannifin Corporation for a conditional use permit to allow a loading berth at the front of the existing and proposed expansion of the Parker-Hannifin building located at 21337 Hemlock Avenue subject to the planning report dated August 10, 1994, the engineering report dated August 10, 1994 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 6 The public hearing was opened to consider the application of Klotz Construction, Inc. for a building setback variance from the Ordinary high Water Level of Lee Lake to allow the construction of a new single family residential dwelling. The Assistant City Attorney attested that all legal notices had been duly published and mailed. Frank Dempsey presented an overview of the proposed variance, outlining the planning report dated August 10, 1994. His review included the following: • Zoning • • Minimum required setbacks • Surrounding uses • Comprehensive Plan • Shoreland overlay. • Removal of existing storage shed • Assessment of City sewer and water and City Attorney letter • Other approved variances • Zoning Ordinance criteria • Security required prior to issuance of a building permit • DNR recommendation • Dakota County Soil and Water Conservation District recommendation • Environmental Affairs Committee recommendation Mr. Dempsey stated that staff recommends approval of the variance. request subject to six stipulations listed in the planning report. Mr. Klotz was present and stated he was in agreement with the recommendations of staff. The Commission held a discussion which included: • • Future additions PLASINING COMIVIISSION MEETING MINUTES AUGUST 18, 1994 Page 6 • Drainage • Rear elevation Rose Watry of 11149 166th Street questioned drainage and stated that a catch basin adjacent to her property does not function properly. Staff stated they would investigate the possible problem with the. catch basin. The buyers of the house were present and stated they understood no additional variances would be considered for expansion of the house or deck. 94.95 Motion was made by Whitehouse, seconded by Miller to close the public hearing.. Roll call was taken on the motion. Ayes: Unanimous. 94.96 Motion was made by Luick, seconded by Skipton to recommend approval of the application of Klotz Construction, Inc. for a building setback variance from the Ordinary High Water Level of Lee Lake to allow the construction of a new single family residential dwelling subject to the planning report dated August 10, 1994, the letter dated .August 9, 1994 from the DNR, the recommendations of the Envirnomental Affairs Committee, the letter dated August 12, 1994 from the City Attorney, and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 7 The public hearing was opened to consider the application of the Dakota County Housing and Redevelopment Authority for the vacation of a part of Upper 208th Street west of Howland Avenue; the vacation of a portion of Howland Avenue north of Upper 208th Street; and the vacation of a drainage and utility easement. The Assistant City Attorney attested that all legal notices had been duly published and mailed. Frank Dempsey. presented an overview of the proposed vacations, outlining the planning report dated August 10, 1994. He stated that on August 4, 1994 the Planning Commission conducted a public hearing and recommended approval of an amendment to the Winsor Plaza planned unit development, rezoning of property from CBD-I to PUD, and the vacation of a portion of Upper 208th Street. As part of the title review process for the final plat, the project engineer identified remnant portions of rights-of--way along Howland Avenue and Upper 208th Street and a drainage and utility easement along Upper 208th Street that needed to be vacated as part of the Winsor Plaza addition project. Mr. Dempsey further stated that staff. recommends approval of the proposed vacations. PLA1`JNING COIVMSSION MEETING MINUTES AUGUST 18, 1994 Page 7 The Planning Commission held a brief discussion. There was no public comment. 94.97 Motion was made by Steigerwalt, seconded by Luick to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.98 Motion was made by Whitehouse, seconded by Steigerwalt to recommend approval of the application of the Dakota County Housing and Redevelopment Authority for the vacation of part. of Upper 208th Street west of Howland Avenue; the vacation of a portion of Howland Avenue north of Upper 208th Street; and the vacation of a drainage and utility easement subject to the planning report dated August 10, 1994. Roll call was taken on the motion. Ayes: Unanimous. ITEM 8 The public hearing was opened to consider the application of U. S. Home- Corporation for the vacation of an existing drainage and utility easement on land • located at 16794 Interlachen Boulevard. The Assistant.City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey Presented an overview of the proposed drainage and utility easement vacation and the final plat of Hypointe Crossing 4th Addition, outlining the planning report dated August 12, 1994. He review included the following: • Background • History • Zoning and adjacent land uses • Consistency with the approved preliminary plat • Lots/blocks • Outlot • Setbacks • Streets • Grading, drainage and erosion control • Tree preservation • Wetlands • Park and trail dedication • MUSA PLANNING COMMISSION MEETING NIlNUTES AUGUST 18, 1994 Page 8 • Mr. Morey stated that staff recommends approval of the proposed final plat and easement vacation subject to 13 stipulations listed in the planning report. Lee Johnson representing U.S. Homes was present and stated that he is in agreement with the recommendations of staff. There was no public comment. The Commission held a brief discussion. Amendments to the stipulations in the planning report were as follows: 1. Implementation of the recommendations listed in the August 10, 1994 engineering report as amended. 2. Implementation of the recommendations listed in the August 11, 1994 Dakota County Soil .and Water Conservation District report as amended by the Environmental Affairs Committee. 94.99 Motion was made by Luick, seconded by Skipton to close the public hearing. • Roll call was taken on the motion. Ayes: Unanimous. 94.100 Motion was made by Skipton, seconded by Luick to recommend approval of the application of U.S. Home Corporation for the vacation of an existing drainage and utility easement on land located at 16794 Interlachen Boulevard and the final plat of Hypointe Crossing 4th Addition subject to the planning report dated August 12, 1994 and the engineering report dated August 10, 1994 as amended. Roll call was taken on the motion. Ayes: Unanimous. ITEM 9 David Licht, Northwest Associated Consultants, presented an update on the B-2 Property Rezoning Study, outlining the memo dated August 12, 1994. He stated that his recommendation is for the Planning Commission to initiate the formal consideration process for three specific properties and a text amendment for car washes as conditional use permits in the B-2 zone. The Planning Commission held a brief discussion. 94.101 Motion was made by Whitehouse, seconded by Luick for the Lakeville Planning Commission to initiate applications considering: • 9 ~ PLANNING COMMISSION MEETING NIINUTES AUGUST 18, 1994 Page 9 • A rezoning from B-3 to B-2 for the PDQ property located at Coun Road 46 ty and Dodd Boulevard. • A rezoning from B-4 to B-2 .for the Winkler property located at County Road 46 and Ipava Avenue. • A Comprehensive Plan amendment and rezoning from B-2 to R-4 and/or R-5 for the Lance Johnson property located at 175th Street and Ipava Avenue. • A Zoning Ordinance text amendment adding automatic car washes in association with convenience grocery/motor fuel sales as a conditional use permit within the B-2 Zoning District. Roll call was taken on the motion. Ayes: Unanimous. A discussion was held regarding the meeting date for the second meeting in September. September 22, 1994 was agreed upon. ITEM 10 • Under new business, Mr. Pat Haley of 12110 185th Street presented a plan for the construction of a deck and gazebo onto the shoreland side of his house. The house lies within the Shoreland Overlay District of Lake Marion and was constructed 1985 at the required 100 foot setback from the Ordinary High Water Level with an upper level sliding glass door for a future deck facing the lake. There is a question as to whether decks were considered a part of the structure in determining setback. Staff stated that a variance would be required to construct the deck as proposed. The Commission held a discussion and explained to Mr. Haley the procedures involved and the need to show hardship. There being no further business, Chair Holberg adjourned the meeting at 9:50 p.m. Respectively submitted: 'ra H lliday Recording Secretary AT ST: r iz of a g, air