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HomeMy WebLinkAbout10-27-94 CITY OF LAKEVILLE PLANNING COMMISSION MEETING NIlNUTES OCTOBER 27, 1994 The meeting was called to order by Vice Chair Smith at 7:00 p.m. in the City Ha11 Council Chambers. Roll call of members was taken. Present: Whitehouse, Steigerwalt, Skipton, Smith, Miller. Absent: Holberg. 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; Alan Brixius, Northwest Associated Consultants; Mira Holliday, Recording Secretary. The minutes of the October 6, 1994 Planning Commission meeting were approved as printed. ITEM 4 The public hearing to consider the application of Merillat Industries for a conditional use permit to allow the construction of loading berths facing a public street right-of--way on land located at 21755 Cedar Avenue was continued from the October 6, 1994 meeting. Frank Dempsey presented an overview of the proposed conditional use permit, outlining the planning report dated September 28, 1994. His review included the following: • Background • Zoning • Comprehensive Plan • Building exterior • Surrounding land uses • Proposed loading berth doors • Propane tank filling facility • Landscaping screening of loading berths • Zoning Ordinance provisions • Storm sewer area charge Mr. Dempsey stated that staff recommends approval of the conditional use permit to allow loading berths facing Grenada Avenue on the existing Merillat Industries building and proposed addition located at 21755 Cedar Avenue subject to four stipulations listed in the planning report. PLANNING COMMISSION MEETING MINiJTES OCTOBER 27, 1994 Page 2 Jack Matasosky representing Merillat Industries was present and stated he was in agreement with the recommendations of City staff. Robert Erickson stated he had talked with the attorney representing Merillat and had reached a tentative understanding regarding the storm sewer area charge. The Commission held a brief discussion. An amendment to stipulation number 3 of the planning report was made as follows: 3. Payment of storm sewer area charge in cash or a fully executed special assessment agreement be provided as approved by the City Council. There was no public comment. 94.151 Motion was made by Whitehouse, seconded by Skpton to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.152 Motion was made by Steigerwalt, seconded by Skipton to recommend approval of the application of Merillat Industries for a conditional use permit to allow the construction of loading berths facing a public street right-of--way on land located at 21755 Cedar Avenue subject to the planning report dated September 28, 1994 as amended. Roll call was taken on the motion. Ayes: Unanimous. ITEM 5 The public hearing to consider the application of Kwik Trip, Inc. for a minor Comprehensive Plan amendment to modify the Generalized Land Use Map from a low density residential use to a commercial use of the property; a rezoning from R- 2, Single Family Residential District to B-4, General Business District; and a conditional use permit to allow a Kwik Trip convenience store and gas station in a B-4 District, all on land located on the west side of Cedar Avenue, south of 173rd Street was continued from the October 6, 1994 Planning Commission meeting. Alan Brixius presented an overview of the proposed Comprehensive Plan amendment, rezoning, and conditional use permit, outlining the planning report dated October 21, 1994. His review included the following: • • Back ound PLANNING COMMISSION MEETING MINUTES OCTOBER 27, 1994 Page 3 • • Com rehensive Plan amendment - olio decision of the Ci p p Y tY • Past actions of the City • Rezoning • Conditional Use Permit • .Surfacing of parking lots, driveways and loading areas • Grading and drainage plans be submitted for review and approval of City Engineer • Concrete curbing around perimeter of the parking lot • Sidewalks • Drive aisles between the pump islands • Landscape plan (Revision needed) • Site lighting • Signage plan • Noise reduction measures • Trash equipment • Loading berth area Peter Coyle Attorney for Kwik Trip, Jeff Shopek, Loucks and Associates, and Scott Teigen were present. Mr. Coyle discussed agreements previously reached with City stall: In response to staffs concerns, he offered to increase the space of . the drive aisles between the gas pumps from 20 feet to 22 feet. He requested that the spacing of the drive aisles between the gas pumps be 20 feet instead of 24 feet. He further discussed the future development of Lot 2 in regard to shared driveway access and stated he was in .agreement with the shared driveway but proposed a license rather than aneasement for the shared driveway. Tim Walston responded. The Commission held a discussion which included the following: • Spacing of the drive aisles between the gas pumps • PUD/CUP for future. combined commercial use on the south lot • Outside storage • Uses on Outlot D • Driveway access for future use and easement for shared driveway with future use on Lot 2 • Location of tanks • Curtain wall screen at 15 feet rather than 20 feet Mike Sobota presented information regarding the spacing of drive aisles between gas pumps at other gas stations in the City. The Commission discussed the issue further and agreed the aisles should be 22 feet wide. • Amendments to the stipulations listed in the planning report were made as follows: PLA1`~NING COMMISSION MEETING MINUTES OCTOBER 27, 1994 Page 4 • 6. Drive aisles between the pump islands be expanded to a minimum of 22 feet. 7. b. Screen the trash enclosure and loading area by extending a curtain wall, of the same color and material as the western building wall 15 feet from the rear of the building along the west side of the trash.. enclosure. 94.153 Motion was made by Skipton, Seconded by Steigerwalt to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.154 Motion was made by Miller, seconded by Steigerwalt to recommend approval of the application of Kwik Trip, .Inc. for a minor Comprehensive Plan amendment to modify the Generalized Land use Map from a low density residential use to a commercial use of the property subject to the planning report dated. October 21, 1994 'as amended. Roll call was taken on the motion. Ayes: Unanimous. • 94.155 Motion was made by Miller, seconded by Skipton 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 October 21, 1994 as amended. Roll call was taken on the motion. Ayes: Unanimous. 94.156 Motion was made by Miller, seconded Skipton to recommend approval of the application of Kwik Trip, Inc. for a conditional use permit to allow a Kwik Trip convenience store and gas station in a B-4 District, all on land located on the west side of Cedar Avenue, south of 173rd Street subject to the planning report dated October 21, 1994 as amended. Roll call was taken on the motion. Ayes: Unanimous. ITEM 6 The public hearing to consider the application of Bridlewilde Joint Venture for a minor Comprehensive Plan amendment to include the property in Comprehensive Planning District 23 and to modify the Generalized Land Use Map from a low density residential use to a commercial use of the property; and a rezoning from R- 2, single Family Residential District to PUD, Planned Unit Development, all on land located on the west side of Cedar Avenue, south of 170th Street was continued from the October 6, 1994 Planning Commission meeting. PLANNING COMMISSION MEETING MINUTES OCTOBER 27, 1994 Page 5 • Alan Brixius presented an overview of the proposed Comprehensive Plan amendment and rezoning. His review included the following; • Background • Past City actions • Commercial zoning for Outlots C and D of Shady Oak Shores. 6th Addition • Cedar/Dodd Land Use Study • Shady Oak Shores 5th Addition development contract • Cedar Avenue and Glacier Way classifications • Cedar/Dodd Traffic Circulation Plan (prepared by SRF -February 1992) • Allowed uses within the PUD • Performance standards • Possible adverse effects of the proposed zoning district Peter Coyle, attorney for Bridlewilde Joint Venture discussed the proposed PUD and understandings reached previously with City staff. He stated he did not agree with. the restrictions in the proposed ordinance rezoning the property to PUD relating to major auto repair. He felt that the 1993 Zoning Ordinance provision should also apply because he felt it was a part of a previous contract with the City. • Staff responded. The Commission held a discussion which included' Use of the property for major auto repair The application of 1993 or current Zoning Ordinance provisions Public comment; Keith. Peterson, 17929 Greentree expressed his opposition to auto-oriented uses on the property. Mark Daniels, 7665 173rd Street expressed his concern about the view from his home should the property be used as commercial and the possible devaluation of homes in the area. John Ferrol, 7705 173rd Street expressed his concern over the flow of traffic on Cedar Avenue. He questioned if a traffic signal would be placed at Glacier Way and Cedar Avenue. Tim Hanson responded. Jim Walston, Assistant City Attorney discussed the use of the 1993 Zoning Ordinance provisions, stating that the current Zoning Ordinance supersedes any . other drafts. Mr. Coyle stated he disagreed in that the Shady Oak Shores 6th PLA1~iNING COMMISSION MEETING 11~INIITES OCTOBER 27, 1994 Page 6 • Addition development contract provides realignment of Glacier Way. Mr. Coyle stated the 1993 Zoning Ordinance provisions would apply under that contract. Staff requested that the item be temporarily tabled to allow for discussion between City staff and the applicant's attorney. Vice Chair Smith stated. the next item of business would be item number 8. ITEM S The public hearing to consider the application of Robert J. and Mary Jo Posthumus for a rezoning of property from R-1, Low Density Single Family Residential District to R-A, Single Family-Agriculture Residential District; a conditional use permit to construct an accessory building in excess of 20 feet in height; and a conditional use permit for a commercial riding stable located at 12295 197th Street West was. opened. The .City Attorney attested that all legal notices had been duly published and mailed. Frank Dempsey presented an overview of the proposed rezoning and conditional use permits, outlining the planning report dated October 19, 1994. His review included the following: • • Background • Current zoning • Lot area • Minimum setbacks • Proposed setbacks , • Zoning Ordinance provisions • Shoreland Overlay District • Wetlands • Comprehensive Plan and south west area rezoning study • Transportation Plan • Utilities • Surrounding land uses and zoning • Property history • Rezoning • Commercial riding stable • Horse barn • Fencing • Transportation . Mr. Dempsey stated that staff recommends approval of the proposed rezoning and conditional use permits subject to nine stipulations listed in the planning report. PLANNING COMNIISSION MEETING NIlNUTES OCTOBER 27, 1994 Page 7 • The Commission held a discussion which included the following: • Road right-of--way • Fencing • Landscaping/screening • Number of horses to be boarded Public comment: Brian Forling, 12280 197th Street expressed his concern over the commercial riding stable in a residential area. He provided pictures of 197th Street, stating he did not feel the road width would be adequate for the amount of traffic a commercial stable might generate. He also provided a list of residents in the area who are opposed to the proposed actions. Mike Sobota stated the applicant had agreed to board no more than six horses. Jerry Lisford, adjacent property owner, stated he felt the road is not adequate for commercial traffic and questioned what the rezoning of the property to R-A would do for the Posthumus' property taxes. Staff responded. Carol Jennings, previous owner of the subject property stated she knows the applicants personally and that they do not intend to have a commercial stable operation, only board horses owned by Ms. Jennings. Staff responded that under the Zoning Ordinance, any property that boards horses is considered a "commercial riding stable". The Commission held a discussion regarding the number of horses to be boarded. Mr. and Mrs. Posthumus agreed to keep no more than ten horses on the property, with only four being boarded. An amendment to stipulation f) of the planning report was made as follows: f) A maximum of four horses owned by persons other than those. persons residing on the property may be boarded at any one time. 94.157 Motion was made by Skipton, seconded by Steigerwalt to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. • 94.158 Motion was made by Whitehouse, seconded by Miller to recommend approval of the application of Robert J. and Mary Jo Posthumus for a rezoning of property PLANNING COMMISSION MEETING 1~IINUTES OCTOBER 27, 1994 Page 8 • from R-1 Low Densi Sin le Famil Residential District to R- Sin le Famil - tY g Y ~ g Y Agriculture Residential District subject to the planning report dated October 19, 1994 as amended. Roll call was taken on the motion. Ayes: Unanimous. 94.159 Motion was made by Miller, seconded by Whitehouse to recommend approval of the application of Robert and Mary Jo Posthumus for a conditional use permit to construct an accessory building in excess of 20 feet in height subject to the planning report dated October 19, 1994 as amended. Roll call was taken on the motion. Ayes: Unanimous. .94.160 Motion was made by Steigerwalt, seconded by Skipton to recommend approval of the application of Robert J. and Mary Jo Posthumus for a conditional use permit for a commercial riding stable located at 12295 197th Street West subject to the planning report dated October 19, 1994 as amended. Roll call was taken on the motion. Ayes: Whitehouse, Steigerwalt, Smith, Skipton. Nay: Miller. • The reason Miller voted nay was he felt the applicant should be able to board ten horses if so desired. ITEM 6 (continued} Mr. Coyle explained the understanding made with City staff and stated that Section 2.1 of the proposed ordinance should be amended to read: Allowed Uses. Within this PUD District, the allowed land uses shall be the same as the B-4, General Business District, established as per the 1993 Lakeville Zoning Ordinance, with the exception of those noted as prohibited uses in Section 2.2. The determination of use acceptability on part of the City will be based on the proposed development's compliance with design and performance standards specified for the land use in the Lakeville Zoning Ordinance and in Section 2.3 of this Ordinance. Staffagreed and added that Section 2.2 should be amended to read: Prohibited Use. Within this PUD District, the following B-41and uses are prohibited: • a. Conditional Use. Gas station/gasoline sales. b. Conditional use. Major automobile repair, junk yard, salvage yard. PLANI`TING COMIVIISSION MEETING NL[NUTES OCTOBER 27, 1994 Page 9 • 94.161 Motion was made by Steigerwalt, seconded by Miller to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.162 Motion was made by Steigerwalt, seconded by Whitehouse to recommend approval of the application of Bridlewilde Joint Venture for a minor Comprehensive Plan amendment to include the property in Comprehensive Planning District 23 and to modify the Generalized Land Use Map from a low density residential use to a commercial use of the property subject to the planning report dated October 21, 1994 as amended. Roll call was taken on the motion. Ayes: Unanimous. 94.163 Motion was made by Steigerwalt, seconded by Skipton to recommend approval of the application of Bridlewilde Joint Venture for a rezoning from R-2, Single Family Residential District to PUD, Planned Unit Development, all on land located on the west side of Cedar Avenue, south of 170th Street subject to the planning report dated October 21, 1994 as amended. Roll call was taken on the motion. Ayes: Unanimous. ITEM 7 Alan Brixius presented an overview of the final plat of Shady Oak Shores 8th Addition, outlining the planning report dated October 21, 1.994. His review included the following: • Creation of three commercial lots out of two existing outlots • Consistency with the approved preliminary plat • Streets • Grading, drainage, erosion control and utilities • Easements • Tree preservation (no trees) + Wetlands (none) • Park and trail dedication • MUSA • Conditional use /planned unit development • Restriction on accesses to Glacier Way Mr. Brixius stated that staff recommends approval of the final plat of Shady Oak Shores 8th Addition subject to the stipulations listed in the planing report. PLANNING COMMISSION MEETING MINUTES OCTOBER 27, 1994 Page 10 • 94.164 Motion was made b Miller seconded b Ski ton to recommend a royal Y ~ Y P pp of the final plat of Shady Oak Shores 8th Addition subject to the planning report dated October 21, 1994 as amended. Roll call was taken on the motion. Ayes: Unanimous. ITEM 9 The public hearing to consider the application of Mills Properties, Inc. to establish a planned unit development-conditional use permit allowing four separate parcels as part of one project and a conditional use permit to allow a commercial car wash in a B-4, General Business District on land located on the east side of Kenrick .Avenue, south of 170th Street was opened. The City Attorney attested that all legal notices had been duly published and mailed. Alan Brixius presented an overview of the proposed commercial car wash facility, outlining the planning report dated October 21, 1994. His review included the following: • Background • Planned unit development designation • Zoning • Conditional use permit • Building size • Car wash location • Setbacks • Building height • Building type and materials • Parking/circulation • Landscaping • Lighting • Signage • Waste/recycling receptacles • Grading, drainage and utilities Mr. Brixius stated that staff recommends approval subject to the stipulations listed in the planning report dated October 21, 1994. Bruce Buxton and Tom Green representing Mills Properties, Inc. were present. Mr. Buxton addressed additional curbing, parking aisle width, access and screening on Jonquil. • The Commission held a brief discussion. PLANNING COMMISSION MEETING NIlNUTES OCTOBER 27, 1994 Page 11 • There was no public comment. 94.165 Motion was made by Skipton, seconded by Whitehouse to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.166 Motion was. made by Skipton, seconded by Steigerwalt to recommend approval of the application of Mills Properties, Inc. to establish a planned unit development- conditional use permit to allow a commercial car wash in a B-4, General Business District on land located on the east side of Kenrick Avenue, south of 170th Street subject to the planning report dated October 21, 1994 and the engineering report dated October 21, 1994. Roll call was taken on the motion. Ayes: Miller, Whitehouse, Steigerwalt, Skipton. Abstain: Smith ITEM 10 • The public hearing to consider the application of John Friedges for the preliminary plat of 68 single family residential lots to be known as Country Creek Estates, a minor Comprehensive Plan amendment to bring the property into the Year 2000 Urban Service Area, and variances for lot depth on Lot 5, Block 3 and front and side yard building setback on Lot 10, Block 3, all on land located on the west side of Dodd Boulevard (C.R. 9), south of Kenwood Trail (C.R. 50) was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented an overview of the proposed preliminary plat, final plat, Comprehensive Plan amendment and variances, outlining the planning report dated October 20, 1994. His review included the following: • Background • Zoning and adjacent land uses • Consistency with the Comprehensive Plan • Density • Phasing • Lots/blocks • Outlots + Final plat • Setbacks • Streets • • Landscaping PLA?1~TNING COMMISSION MEETING MINUTES OCTOBER 27, 1994 Page 12 • • Grading, drainage and erosion control • Utilities • Tree preservation • Wetlands • Park and trail dedication • MUSA • Dakota County review Mr. Morey stated that. staff recommends approval of the Country Creek Estates preliminary and final plat, minor Comprehensive Plan amendment, and variances for lot depth on Lot 5, Block 3 and building setbacks on Lot 10, Block 3 subject to the stipulations listed in the planning report. Dan Westergren representing the applicant was present. The Commission held a brief discussion regarding the existing driveway onto Dodd Boulevard. There was no public comment. 94.168 Motion was made by Whitehouse, seconded by Miller to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.169 Motion was made by Steigerwalt, seconded. by Whitehouse to recommend approval. of the application of John Friedges for the preliminary plat of 68 single family residential lots to be known as Country Creek Estates, the final plat of 38 single family residential lots to be known as Country Creek Estates, a minor Comprehensive Plan amendment to bring the property into the Year 2000. Urban Service Area, and variances for lot depth on Lot 5, Block 3 and front and side yard building setback on Lot 10, Block 3, all on land located on the west side of Dodd Boulevard (C.R. 9), south of Kenwood Trail (C.R. 50) subject to the planning report dated October 20, 1994, the engineering report dated October 14, 1994, the .Dakota County Soil. and Water Conservation District dated October 11, 1994 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 11 The public hearing to considerthe application of Phase Two Development, Incorporated for a preliminary and final plat of two single family residential lots to • be known as Marion Village Fifth Addition on land located at 20331 Kensington PLANNING COMMLSSION MEETING NIINUTES OCTOBER 27, 1994 Page 13 • Way was o ened. The Cit Attorne attested that all le al notices had been dul p Y Y g Y published and mailed. The public hearing to consider the application of Phase Two Development, Incorporated for the vacation of an existing drainage and utility easement on land locate at 20331 Kensington Way was opened. The City Attorney attested that all legal notices had been duly published and mailed. Michael Sobota presented an overview of the proposed preliminary and final plat and easement vacation, outlining the planning report dated October 19, 1994. His review included the following: • Background • Zoning • Shoreland Overlay District • Minimum lot dimensions • Proposed lot area • Surrounding land uses • Streets • Comprehensive plan • Grading, drainage, erosion control and utilities • Landscaping along 202nd Street • Wetlands (none) • Park and trail dedication • Easement vacation Mr. Sobota stated that staff recommends approval of the Marion Village Fifth Addition plat and easement vacation subject to the stipulations listed in the planning report dated October 19,1994. Paul Kempf representing Phase Two Development, Inc. was present and stated he was in agreement with the recommendations of staff. The Commission held a briefdiscussion. There was no public comment. 94.169 Motion was made by Miller, seconded by Whitehouse to close the public hearing. Roll. call was taken on the motion. Ayes: Unanimous. • 94.170 Motion was made by Whitehouse, seconded by Steigerwalt to recommend approval of the application of Phase Two Development, Inc. for a preliminary and PLANNING COMMISSION MEETING MINUTES OCTOBER 27, 1994 Page 14 final plat of two single family residential lots to be known as Marion Village Fifth Addition and the vacation of an existing drainage and utility easement on land located at 20331 Kensington Way subject to the planning report dated October 19, 1994 and the engineering report dated October 21, 1994. Roll call was taken on the motion. Ayes: Unanimous. ITEM 12 The public hearing to consider the application of The Cove Development Partnership for the vacation of a permanent easement to construct, operate,.. and maintain sewer and water utilities was opened. The City Attorney attested that all legal notices had been duly published and mailed. Michael Sobota presented an overview of the proposed vacation, outlining the planning report dated October 19, 1994. He explained that the subject permanent easement which underlies the Kabot cove plat was established to facilitate the development of the. Great Oaks Shores subdivision. the Kabot Cove final plat was: approved in November, 1993 following the development of Great Oak Shores. All required drainage and utility easements are currently in place and recorded with the Kabot Cove plat thereby eliminating the need for the subject permanent easement. Mr. Sobota stated that staff recommends approval of the vacation of the permanent easement. There was no public comment. 94.171 Motion was made by Whitehouse, seconded by Steigerwalt to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.172 Motion was made by Miller, seconded by Skipton to recommend approval of the application of The Cove Development Partnership for the vacation of a permanent easement to construct, operate, and maintain sewer and water utilities subject to the planning report dated October 19, 1994. Roll call was taken on the motion. Ayes: Unanimous. Mr. Sobota discussed the possibility of having Planning Commission meetings beginning at 6:00 p.m. Commission members indicated they would not have a problem with that meeting time. PLANNING COMMISSION MEETING MINUTES OCTOBER 27, 1994 Page 15 There being no further business, Vice Chair Smith adjourned the meeting at 10:30 p.m. Respectfully submitted: Mira H 'day, Recor ing Secretary ATTEST: Phil Smith, Vice Chair