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HomeMy WebLinkAbout10-15-09CITY OF LAKEVILLE Planning Commission Meeting Minutes OCTOBER 15, 2009 The October 15, 2009 Planning Commission meeting was called to order by Chair Davis in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Chair Davis Vice Chair Lillehei Commissioner Drotning Commissioner Grenz Commissioner Adler Ex- officio Bussler Absent: Secretary Pattee, Commissioner Glad Staff Present: Daryl Morey, Planning Director; Mark DuChene, Development Design Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The August 20, 2009 Planning Commission meeting minutes were approved as presented. The August 20, 2009 Planning Commission Work Session notes were approved as presented. The September 17, 2009 Planning Commission Work Session notes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated that the following items were distributed to the Planning Commission at tonight's meeting: A. The October 14, 2009 Parks, Recreation and Natural Resources Committee meeting motion regarding the Morgan Square Third Addition preliminary plat. B. Regarding the Morgan Square Third Addition preliminary plat, the correct Exhibit L for the planning report. Mr. Morey introduced Mark DuChene, Development /Design Engineer who is filling in for Assistant City Engineer Zach Johnson at tonight's meeting. Mr. Morey commented that at the end of tonight's meeting he would like to discuss the option of holding the next Planning Commission meeting on November 12th rather than on November 5th. ITEM 5. MICHAEL MCDEVITT (D /B /A THE CAGES) Mr. McDevitt presented an overview of his request. Planning Commission Meeting October 15, 2009 Page 2 Chair Davis opened the Public Hearing to consider the application of Michael McDevitt for a Conditional Use Permit to allow a commercial recreation facility in the I -2, General Industrial District, located at 21653 Cedar Avenue. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Planning Department staff recommends approval of the conditional use permit subject to the 4 stipulations listed in the October 9, 2009 planning report. Chair Davis opened the hearing to the public for comment. There were no comments from the audience. 09.44 Motion was made and seconded to close the public hearing at 6:11 p.m. Ayes: Adler, Lillehei, Davis, Grenz, Drotning. Nays: 0 Chair Davis asked for comments from the Planning Commission. Discussion points were: The shared parking was discussed. Mr. Dempsey explained that the City's parking requirements are the same today as they were in 1983 when the Cedar 70 Planned Unit Development Conditional Use Permit was approved. A separate shared parking agreement has not been identified for the six buildings in the Cedar 70 complex. The proposed batting cage business is an allowed use of the building and will not compete with the daytime hours of the other businesses in this building. 09.45 Motion was made and seconded to recommend to City Council approval of The Cages Conditional Use permit to allow a commercial recreation facility in the I -2, General Industrial District, located at 21658 Cedar Avenue, subject to the following stipulations: Planning Commission Meeting October 15, 2009 Page 3 1. The Commercial recreation use shall occupy only the space identified on the floor plans submitted with the conditional use permit application. Any expansion of the commercial recreation use in the tenant space of this building shall require an amendment to the conditional use permit. 2. A sign permit must be issued by the City prior to the installation of any signs. 3. A Hazardous (H) Occupancy, as defined by the Building Code, shall not occupy any portion of the same building being occupied by this commercial recreation use. 4. Any present or future occupant of the building being jointly occupied by this commercial recreation use shall provide the City of Lakeville with any future Material Data Safety Sheets (MSDS). Ayes: Lillehei, Davis, Drotning, Adler. Nays: Grenz. Commissioner Grenz was confused about the parking situation. ITEM 6. DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (CDA) Chair Davis opened the Public Hearing to consider the application of the Dakota County Community Development Agency (CDA) for the following, located south of 205th Street, north of 207th Street and west of Keokuk Avenue and the Lakeville Theatre: A. Preliminary plat of one lot to be known as Morgan Square Third Addition. B. An amendment to the Morgan Square Planned Unit Development. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Kari Gill, representing the CDA, and Kim Bretheim from LHB Architects presented an overview of their request. Associated Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the CDA is proposing an identification sign at the intersection of 207th Street and Keystone Avenue. Mr. Dempsey stated that Planning Department staff recommends approval of the preliminary plat and PUD amendment subject to the 13 stipulations listed in the October 9, 2009 planning report. Chair Davis opened the hearing to the public for comment. Colleen Powell, 11774 205th Street Ms. Powell's east property line abuts the Morgan Square townhouse development's west property line. She asked how many feet the Morgan Square Third Addition townhome buildings will be from her property line. She requested a fence or some Planning Commission Meeting October 15, 2009 Page 4 kind of buffer between their property and the townhomes in this development. She is concerned about pets from this development wandering onto her property. She asked about the CDA's pet policy. 09.46 Motion was made and seconded to close the public hearing at 6:37 p.m. Ayes: Davis, Grenz, Drotning, Adler, Lillehei. Nays: 0 Chair Davis asked for comments from the Planning Commission. Discussion points were: Pet restrictions. Ms. Gil stated that their leases state that the residents are not permitted to have pets except small caged animals, with service animals being the exception. They are required to keep the pets in the unit. Ms. Gill stated that they could consider installing a decorative fence. The distance between the Powell's property line and the nearest townhome proposed in Morgan Square Third Addition. Mr. Dempsey said that there is approximately 110 feet between the nearest CDA townhomes and the Powell's property. He indicated that there is an existing HOA owned outlot that is very hilly terrain with many trees located between the Powell's property and Morgan Square Third Addition. The outlot will not be developed and will remain in it's current state. Mr. Powell clarified the extent of their property ownership to the Planning Commission. The reduced width of the private drives was discussed. Due to the reduced width of the private drives, no parking was proposed by Commissioner Grenz because emergency vehicles may not be able to get through if cars were parked along the private drives. Commissioner Drotning commented the City has had a very good working relationship with the CDA and their developments are much appreciated. 09.47 Motion was made and seconded to recommend to City Council approval of the Morgan Square Third Addition preliminary plat of one lot, located south of 205th Street, north of 207th Street and west of Keokuk Avenue and the Lakeville Theatre, and Planned Unit Development amendment, subject to the following stipulations: 1. Implementation of the recommendations listed in the October 9, 2009 engineering report. 2. The recommendation of the Parks, Recreation and Natural Resources Committee. 3. The townhome buildings shall be constructed consistent with the plans approved by the City Council. Ayes: Grenz, Drotning, Adler, Lillehei, Davis. Nays: 0 Planning Commission Meeting October 15, 2009 Page 5 4. The Dakota County CDA shall be responsible for exterior building maintenance, landscaping, snow clearing and regular maintenance of private drives and common areas within the Morgan Square Third Addition plan. 5. The Morgan Square Third Addition preliminary plat is subject to the following minimum building setback requirements: Periphery of the base lots: 30 feet Between Building: 25 feet Public Right of Way: 30 feet Private Drives: 22 feet Guest Parking: 15 feet 6. Park dedication requirements are to be satisfied as a cash fee in lieu of land as required by Section 10 -4 -8 of the Subdivision Ordinance. The park dedication must be submitted prior to City Council consideration of the final plat. 7. Landscaping shall be installed consistent with the approved landscape plan. A security must be submitted prior to City Council consideration of the final plat to insure the landscaping is installed consistent with the approved landscape plan. 8. Five foot wide concrete sidewalks shall be installed on both sides of Keystone Avenue as shown on the plans approved by the City Council. 9. Each unit shall include an interior storm shelter constructed to the requirements of Section 11- 58 -21E of the Zoning Ordinance. 10. Eighteen guest parking spaces shall be provided as shown on the approved plans. 11. All private internal free standing exterior light fixtures must be of an identical or of a compatible design to the private internal light fixtures in place with the Morgan Square first and second phases. 12. Any existing conifer trees located on the east boundary of the plat identified as save trees shall be replaced two to one in the event that the save tree is removed or damaged. 13. A temporary access from Keystone Avenue to existing 207th Street must be constructed by the CDA consistent with the approved plans if Morgan Square Third Addition is developed prior to Outlot F, Morgan Square. ITEM 8. STAFF NOTICES Mr. Morey indicated that he is considering moving the next Planning Commission meeting, which will be a work session only, from November 5th to November 12th. The Planning Commission requested that staff send out an e -mail to each Commissioner so they can check their schedules and respond to staff. There being no further business, the meeting was adjourned at 6:52 p.m. Respectfully submitted, Penny Bre Recordin ar ?,O )o f g Y Dated /1 ATTEST: vis, Chair Dated Planning Commission Meeting October 15, 2009 Page 6