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04-05-90
a C CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES - APRIL 5, 1990 The meeting was called to order by Chairperson Whittingham at 7:00 p.m. at the City Hall Council Chambers. Roll call of members was taken. Present: Whitehouse, Miller, Holberg, Whittingham, Langhorst and Steigerwalt. Also present was Alan Brixius, Consulting Planner; Elliott Knetsch, City Attorney; Daryl Morey, Assistant Community Development Director and Mira Holliday, Recording Secretary. 90.52 Motion was made by Steigerwalt, seconded by Holberg to .approve the minutes of the March 15, 1990 Planning Commission meeting. Roll call was taken on the motion. Ayes: Whitehouse, Holberg, Whittingham, Langhorst and Steigerwalt. Abstain: Miller. The public hearing to consider the application of B & S Tire for a conditional use permit to operate a retail fire service store to be located at 21178 Kenrick Avenue was continued from a previous meeting. Alan Brixius gave a review of the application, discussing the background and site location. He stated that currently the site presents functional concerns for both the building and the site. He went on to state that due to the character of the area and the design standards the City wants to maintain along the interstate corridor, the site and building are not currently designed to accommodate a use of this intensity. He stated ...that under current conditions, he could not recommend approval of the conditional use permit on the basis of substandard design and land use activities that are incompatible with the character and design element of the McStop planned unit development. He went on to state that the conditional=use permit could be deemed acceptable provided six minimal standards could be achieved. They are as follows: 1. The building must be designed to accommodate all vehicle servicing of both cars and semi-trucks indoors. 2. The building must provide sufficient area for the indoor storage of new tires, used tires and waste tires. .PLANNING COMMISSION MINUTES APRIL 5, 1990 3. The land/sea container must be removed from the site and no outdoor. storage will be permitted. 4. The site plan must be revised to demonstrate adequate parking and loading areas in compliance with City ordinance. 5. The trash. receptacle must be designated on the site and fully enclosed to be screened from adjacent properties... 6. The car wash and tine facility must become part of the McStop PUD Association and be subject to all the requirements of the PUD. Mr. Tuma, applicant, was present and stated that he would be .servicing all vehicles inside the building except for semi-trucks (due to their size). He stated he had no problem with the other conditions. Mr. Mike Thurston, owner of the property questioned condition number 6 which concerns the McStop PUD Association. He stated that the dues for the Association were exorbitant and that all snow plowing and policing of the area is taken care of with his own equipment. The Commission held a discussion which included: - Setback on outside storage - Sufficient area for the indoor storage - Possibility of car wash eventually going out of business and entire building becoming tire service center - McStop PUD Association dues • - Signage for the business Circulation of traffic Mr. Tuma stated that there will be no outdoor storage in that he has rented off-site storage. He also stated. that a minimal amount of tires would be kept indoors at the site therefore meeting condition number 2. There was no public comment. 2 PLANNING COMMISSION MINUTES APRIL 5, 1990 90.53 Motion was made by Miller, seconded by Langhorst to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. Further discussion was held by the Commission. Whittingham asked what precedent might be set in issuing this conditional use permit. Alan Brixius stated there was. no danger is setting an unworkable precedent. Whittingham also questioned the McStop PUD Association. Mr. Brixius explained the responsibilities of the Association and those of the City in relation to the policing of the area and the requirements of the conditional use permit.. The possibility of the building being sold was discussed. Mr. Brixius stated that the uses can remain the same but any new use would require conditional use permit approval. Mr. Miller questioned the type of signage that Mr. Tuma. planned t© use. Mr. Tuma stated it would be a small sign on the side of the building. Alain Brixius stated that a sign permit which meets City Code would be required. Mr. Miller suggested amendments to the conditions of the planning report as follows: 1. The building must be designed to accommodate all vehicle servicing of cars indoors and semi-trucks on the north drive aisle. 6. Delete completely New 6: The car wash and tire facility must police the entire area, including the north drive aisle, of debris as necessary. Addition of 8. Site signage must be in compliance with the . City's Sign Ordinance. 90.54 Motion was made by Miller, seconded by Langhorst to recommend approval of the application of B & S Tire for a . conditional use permit to operate a retail tire service store to be located at 21178 Kenrick Avenue subject to the planning report of 3/28/90 as amended on page two and the f findings of f act . Roll call was taken on the motion. Ayes: Unanimous. 3 PLANNING COMMISSION MINUTES APRIL 5, 1990 The public hearing to consider the application of John Friedges for a conditional use permit to allow outdoor storage, sale and rental as an accessory use (Section 37.4.4 and 5 of the Zoning Ordinance) located at 9380 202nd Street West was opened. The City Attorney attested that all .legal notices had been duly published and mailed. Daryl Morey gave a review of the application and planning report of 3/27/90. He stated the building now meets the City's Zoning Ordinance requirements and is hooked up to City sewer and water. He also stated that current building and site signage is in compliance with the sign ordinance. Parking lot paving, striping and lighting and remaining landscaping improvements still need to be installed. He stated that Mr. Friedges has submitted a performance bond to cover the cost of these improvements.. Mr. Morey reviewed the provisions of the Zoning Ordinance. which must be met regarding this conditional use permit request. Mr. Morey stated that staff feels that the South Metro .Rental business would provide a valuable service to the residents of Lakeville, provided its establishment meets the requirements of the Zoning Ordinance He recommended approval of the conditional use permit request subject to the following conditions: 1. Submission of a revised site plan designating the exact number and size of parking spaces to be utilized .for the storage of rental trucks and trailers at the rear of the principal building. signage and striping. to designate rental truck storage area. 2. The rental trucks and trailers must be stored on a paved surface that does not take up parking spaces required for the uses of the principal building. All areas accessed by these vehicles must be paved. 3. Outdoor display areas not exceed 30~ of the gross floor area of the rental business. 4. Outdoor storage and display is only for rental trucks, trailers and household equipment associated with ,the rental business. Storage and/or display of equipment. or materials from the Friedges Landscaping business or any other business is not permitted on the property. 4 . PLANNING COMMISSION MINUTES APRIL 5, 1990 Mr. Friedges was present to answer questions. The Commission held a discussion which included: - Friedges Landscaping trucks going through the site (90~ to go through Friedges property to the west) - Sidewalk width - Square footage of .display area - Striping of rental truck parking spaces (no specific requirements) - Screening - Number of rental trucks allowed on site (no specific requirements) - Signage - Storage There was no public comment. 90.55 Motion was made by Langhorst, seconded by Whitehouse to • close the public hearing. Roll call. was taken on the motion. Ayes: Unanimous. 90.56 .Motion was made by Steigerwalt, seconded by Miller to recommend approval of the application of John Friedges for a conditional use permit to allow .outdoor storage, sale and rental as an accessory use (Section 37.4.4 and 5 of the Zoning Ordinance) located at .9380 202nd Street West subject to the planning report of 3/27/90 as amended, the draft conditional use permit as amended and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of Independent School District 914 for a conditional use permit to allow a portable classroom expansion at Lakeville Senior High School was opened. The City Attorney attested that all legal. notices had been duly published and mailed. Alan Brixius gave a review of the. application and the planning report of 3/29/90. He stated the request had been submitted to provide classroom space for the existing Lakeville .Senior High School. He stated that the classrooms are being obtained on a lease basis, without a purchase • option. He stated that it should be noted that the uncertainty of the bond referendum could result in the temporary classrooms becoming "permanent fixtures". He 5 PLANNING COMMISSION MINUTES APRIL 5, 1990. recommended that the conditional use permit agreement be identified as a phased plan with the first phase to allow for the implementation of the temporary buildings and the second phase contingent on the removal of the .temporary facilities at the end of the three year lease or as permanent construction is completed, whichever is sooner. He stated the City should take measures to control the location and appearance of the temporary facilities. Mr. Brixius went on to address lot setback requirements, building type and construction, required fencing, screening, landscaping and parking. He recommended approval of the conditional use permit subject to the following recommendations: 1. The temporary classrooms be removed at the end of the three year lease or as permanent construction is completed,. whichever is sooner. Time extensions may be pursued if necessary. 2. Site inspections by the City Building Official to identify possible areas in need of screening. 3. That the prefabricated classrooms be color compatible with the school and blend in wherever possible with the facade . 4. The parking requirements must be identified and adequately addressed. 5. Comments from .other City Staff. Dan Mehleis, representing Independent School District 194 was present to answer questions. Kathy. Silver of Jewel Path expressed her concerns over the safety of the buildings (during a tornado) and the visibility to the neighboring residents. Mr. Mehles responded that the students would be moved inside the main school building should a tornado warning be given. He also stated that the portables would be visible only for a short distance along Highway 50. The Commission held a discussion which included: - Compliance with parking requirements. • _ Screening Access to the buildings 6 PLANNING COMMISSION MINUTES APRIL 5, 1990 - Future relocating of existing entrance to align with 192nd Street. - The three year lease on the buildings - Possibility of extension of conditional use permit - Square footage of the buildings Mr. Kevin Sullivan of Wold Associates, architects for the project stated that they were not prepared to discuss the permanent access. He also recommended that the City allow the temporary buildings to be installed and then evaluate the. landscaping He stated that the school district is trying to be as economical as possible. Alan Brixius stated that he recommended strongly that the City be involved in the landscaping and appearance of the buildings. Pat Harvey, City Council member stated that the final design from MNDOT of the Highway 50 upgrade which would allow access from the school to Highway 50 north of 192nd Street is the preferable alternative. Mr. Silver of Jewel Path stated that he felt Lakeville should enforce the time restriction, siting the Rosemount - classrooms as aesthetically unacceptable. It was .the general feeling of the Commission that screening be kept to a minimum so that the community would be made aware of and reminded that the issue of expanding enrollment. in the Lakeville schools must be faced. 90.57 Motion was made by Miller, seconded by Holberg to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.58 Motion was made by Miller, seconded by Whitehouse to recommend approval of the application of Independent School District 194 for a conditional use permit to allow a portable classroom expansion at Lakeville Senior High School subject to the planners report of 3/29/90, the findings of fact and other City data. Roll call was taken on the motion. .Ayes: Whitehouse, Holberg, Miller, Whittingham, Steigerwalt. Abstain: Langhorst. 7 PLANNING COMMISSION MINUTES APRIL 5, 1990 Under other business, Whittingham stated that a citizen had asked her who to contact regarding street concerns. Staff stated the Jim Robinette would be the staff person to contact at City Hall. 90.59 Motion was made by Holberg, seconded by Miller to adjourn the meeting. • Voice .vote was taken on the motion. Respectfully submitted: t ~ , Mira Holliday, Recording ecretary ATTEST Jan Whittingham, Chairpe on 8