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Home My WebLink About08-19-93 1 1 i • CITY OF LAKEVILLE PLANNING. COMMISSION MEETING MINUTES AUGUST 19, 1993 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, Holberg, Whittingham, Smith, Miller. Absent: Steigerwalt. Also in attendance: Robert Erickson, City Administrator; Jim Walston, Assistant City Attorney; Michael Sobota, Community and Economic Development Director; David Licht, Consulting Planner; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Jeff Oliver, Assistant Engineer; Mira Halliday, Recording Secretary. The minutes of the August 5,1993 Planning Commission meeting were approved as printed. ITEM 4 Robert Erickson introduced Carl Wahlstrom, Superintendent of ISD 194 and David Lunde of Wold Architects who were present to address concerns expressed by the Planning Commission regarding the loss of ash trees • located on the perimeter of the Orchard Lake Elementary School site during the recent parking lot/playground renovation project. 1VIr. Wahlstrom discussed the background of the project, explaining why it had been undertaken. He stated that during the 19$7 expansion to the school, no parking modifications had been made. He stated there was no emergency vehicle access and that the entire project was motivated by student safety concerns. He stated that a board made up of parents of students attending Orchard Lake Elementary had been involved and that several designs and layouts had been considered. Mr. Lunde explained the general layout of the project. Sylvie Deschamps, of the Orchard Lake PTO stated she felt the old parking situation was dangerous for students. The Commission held a discussion which included: - Dakota County Soil and Water Conservation District recommendations - Landscaping - Lack of pathway from upper to lower level - Possibility of re-locating the baseball diamond - Drainage problems - Bus drop-off area - Backstop and fencing Chair Holberg stated that in the future the Flanning Commission would like • to work with the School District on such projects to greater benefit the community. • PLANNING COMMISSION MEETING MINUTES AUGUST 19,1993 Page 2 Superintendent Wahlstrom apologized for the oversite and stated effort would be made in the future to involve the City in such projects. ITEM 5 The public hearing to consider the application of Chris and Linda Schumacher for a conditional use permit to allow a one story entrance for a single family residential dwelling to extend into the front yard building setback on land located at 17725 Jaguar Path was opened. The 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 of August 12,1993. His review included: - Background - Zoning - Setbacks - Site survey - Floor Plan Mr. Dempsey stated that staff supports the efforts of the Schumachers and • recommends approval of the conditional use permit request subject to the three stipulations listed in the planning report. Mr. and Mrs. Schumacher were present to answer questionsof the Commission and public. The Commission held a brief discussion. There was no public comment. 93.135 Motion was made by Smith, seconded by Whittingham to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.136 Motion was made by Whitehouse, seconded by Luick to recommend approval of the application of Chris and Linda Schumacher for a conditional use permit to allow a one story entrance for a single family residential dwelling to extend into the front yard building setback on land located at 17725 Jaguar Path subject to the planning report dated August 12, 1993 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. • i . PLANNING COMMISSION MEETING MINUTES AUGUST 19, 1993 Page 3 ITEM 6 The public hearing to consider the application of Delbert Goetz for a conditional use permit to allow the construction of a detached accessory building for a total combined accessory building floor area in excess of 1,250 square feet on anon-conforming, single family residential lot located at 21063 Dodd Boulevard was opened. The 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 12, 1993. His reviewed included the following: - Background - Current attached garage. - Detached shed - Maximum floor area - Septic system and well - Wetland located on the property - Paving of driveway - Zoning Ordinance requirements • Mr. Dempsey stated that staff recommends approval of the conditional use permit subject to eight stipulations listed in the planning report. Mr. Geotze was present to answer questions of the Commission and public. The Commission discussed the drain field and the septic system. They recommended an amendment to stipulation number seven to read as follows: 7. The private septic system shall be inspected by an Individual Sewage Treatment System Evaluator to determine compliance with minimum standards. Any necessary corrections shall occur within 60 days after issuance of a building permit. There was no public comment. 93.137 Motion was made by Whitehouse, seconded by Whittingham to close the public hearing:. loll call was taken on the motion. Ayes: Unanimous. 93.138 Motion was made by Smith, seconded by Whitehouse to recommend approval of the application of Delbert Goetz for a conditional use permit to allow the construction of a detached accessory building for a total combined accessory building floor area in excess of 1,250 square feet on a non-conforming, single family residential lot located at 21063 Dodd Baulevard subject to the planning report dated August 12,1993 as amended and the findings of fact. . 1 . PLANNING COMMISSION MEETING MINUTES AUGUST 19, 1993 Page 4 Roll call was taken on the motion. Ayes: Whittingham, Smith, Whitehouse, Luick, Holberg. Nay: Miller. The reason Miller voted nay was because the lot is non-conforming. ITEM 7 The public hearing to consider the application of Burger King Corporation for a planned unit development-conditional use permit. amendment to allow an addition to the Burger King restaurant located at 17395 Kenwood Trail was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented an overview of the proposed planned unit development-conditional use permit amendment, outlining the planning report dated August 13,1993. His review included the following: - Background and history - Parking - Landscaping - Signage • Mr. Morey stated that staff recommends approval of the proposed Burger King restaurant addition and PUDCUP amendment subject to four stipulations listed in the planning report. Bob Buskers and David Paul representing Burger King were present to answer questions of the Commission and public. The Commission held a brief discussion. There was no public comment. 93.139 Motion was made by Smith, seconded by Whitehouse to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.140 Motion was made by Whitehouse, seconded by Miller to recommend approval of the application of Burger King Corporation for a planned unit development-conditional use permit amendment to allow an addition to the Burger King restaurant located at 17395 Kenwood Trail subject to the planning report dated August 13,1993 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 8 Daryl Morey presented an overview of the final plat of Bracketts Crossing . Second Addition outlining the planning report dated August 13,1993. His review included. the following: PLANNING COMMISSION MEETING MINUTES AUGUST 19, 1993 Page 5 - Background - History - Consistency with the approved preliminary plat - Lots blocks - Outlots - Setbacks - Streets - Grading, drainage and erosion control - Engineering recommendation - Dakota County Soil and Water Conservation District recommendation - Tree preservation - Wetlands - Park and trail dedication - MUSH Mr. Morey recommended approval of the final plat of Bracketts Crossing Second Addition subject to 13 stipulations listed in the planning report. Herb Weissmann was present representing the final plat proposal Robert Erickson commended the developer for the quality of work in the . previous addition of Bracketts Crossing. The Commission held a discussion which included: - Dakota County Soil and Water Conservation District recommendations - Reason for private cul-de-sac rather than through street - Control of motorized traffic on trail 93.141 Motion was made by Whittingham, seconded by Miller to recommend. approval of the final plat of Bracketts Crossing Second Addition subject to the planning report dated August 13,1993, the engineering report dated August 13,1993 and the Dakota County Soil and Water Conservation District report dated August 13, 1993. Roll call was taken on the motion. Ayes:, Unanimous. ITEM 9 The public hearing to consider the application of the City of Lakeville for an amendment to Section 36, B-2, Retail Business District, of the Lakeville Zoning Ordinance by adding motor fuel sales in conjunction with convenience. grocery store operations as a conditional use was opened. The City Attorney attested that all legal notices had been duly published. David Licht presented an overview of the proposed amendment, outlining the • planning reports of July 6 and July 15, 1993. His discussion included the following: • PLANNING COMMISSION MEETING MINUTES AUGUST 19,1993 Page 6 The purpose of the B-2 Zoning District. - The change in retail marketing of motor fuel since the Ordinance establishment in 1980. - The impact which the outdated zoning text has had on property rezoning. - A review of the CUP criteria which are proposed to regulate motor fuel sales in conjunction with convenience stores. Mr. Licht then reviewed existing B-2 zones in this city where the amendment would have applicability. He also identified other sites in the northern portion of the City where changes to the B-2 zoning would possibly be appropriate as these areas were zoned with the intent of motor fuel sales in conjunction with convenience stores. The Commission held a discussion which included: - Concern over B-2 zoning not being appropriate in certain areas - Previous request that had been denied by the City Council (175th & Ipava) Possible down-zoning of B-3 and B-4 areas - Allowed uses in B-2 zone Public comment: Carol Kerl of 17541 Ionia Path stated the areas should be evaluated for the need for fuel sales. She also questioned why the 175th and Ipava property could not be rezoned to a residential district. Jan Harris of 17570 Italy Avenue suggested the B-2 areas be rezoned more appropriately. Mike Anshus of 17795 Ixonia Avenue stated the City currently has too many convenience centers and this should be kept in mind during future planning and review. Steve Stellburg of 16785 Ides Circle stated he felt convenience stores should not be placed near elementary schools. Chair Holberg stated that a letter had been received from Daffney Folsberg stating her opposition to the amendment. Robert Erickson addressed plans for the future in the area of Ipava Avenue, 175th Street and 185th Street which includes a new elementary school, golf course and proposed Church. He recommended that this matter be tabled for • further review of the 175th Street/Ipava Avenue B-2 site and to allow Mr. Licht to more comprehensively address the issues raised. . , PLANNING COMMISSION MEETING MINUTES AUGUST 19, 1993 Page 7 93.142 Motion was made by Smith, seconded by Miller to continue the public hearing until the October 71, 1993 meeting to allow further review of the subject site. Roll call was taken~i on the motion. Ayes: Unanimous. ITEM 10 ~ David Licht reviev~ed a study dated July 6,1993 regarding zoning and licensing regulations of sexually oriented businesses. The Commission held a brief discussion. 93.143 Motion was made y Whitehouse, seconded by Luick to adopt a resolution establishing findin s of fact that zoning and licensing regulations of sexually oriented businesses are necessary to minimize the secondary adverse. effects of ~uch businesses in the City of Lakeville. Roll call was taken on the motion. Ayes: Unanimous. There being no unfinished or new business, the.. meeting was adjourned at • 10:20 p.m. ~,I Respectively submitted: CiJ Mira Holliday, fording Se e ary ATTEST: 1VIa iz ' b rg, air