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HomeMy WebLinkAbout01-21-10The January 21, 2010 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 Commissioner Adler Commissioner Drotning Commissioner Glad Commissioner Grenz Ex- officio Bussler Absent: Vice Chair Lillehei Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Adam Kienberger, Economic Development Specialist; Zach Johnson, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The December 17, 2009 Planning Commission meeting minutes 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. An e -mail from an adjacent business owner that welcomes the MN School of Business into the community and looks forward to building partnerships in the future. Mr. Morey stated that the applicant has requested Agenda Item 7, Nordic Square PUD amendment be tabled to a future meeting. Mr. Morey also reminded the Planning Commission of the work session that will immediately follow tonight's Planning Commission meeting. ITEM 5. MICHAEL PERSING CITY OF LAKEVILLE Planning Commission Meeting Minutes JANUARY 21, 2010 Chair Davis opened the public hearing to consider the application of Michael Persing for a Special Home Occupation Permit to allow a personal fitness trainer business in his single family residence, located at 16560 Flagstaff Way. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mr. Persing presented an overview of his request. Planning Commission Meeting January 21, 2010 Page 2 Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Planning Department staff recommends approval of the Persing Special Home Occupation Permit, subject to the 8 stipulations listed in the January 15, 2010 planning report. Chair Davis opened the hearing to the public for comment. There were no comments from the audience. 10.01 Motion was made and seconded to close the public hearing at 6:07 p.m. Ayes: Glad, Davis, Adler, Grenz, Drotning. Nays: 0 Chair Davis asked for comments from the Planning Commission. Discussion points were: The type of equipment that Mr. Persing would be using. Mr. Persing indicated that stretching and strengthening exercises would be emphasized and that no heavy equipment would be installed in his home. 10.02 Motion was made and seconded to recommend to City Council approval of the Michael Persing Special Home Occupation Permit, located at 16560 Flagstaff Way, subject to the following stipulations: 1. No home occupation other than the personal fitness use shall be conducted on the premises. 2. Any signs displayed in relation to the personal fitness use must comply with Zoning Ordinance requirements. 3. No persons other than Mr. Persing or a resident living in the home shall be employed in the home occupation. 4. The home occupation shall be conducted entirely within the home and may not be conducted in a garage or other accessory building. Ayes: Davis, Adler, Grenz, Drotning, Glad. Nays: 0 Planning Commission Meeting January 21, 2010 Page 3 5. Clients must park on the driveway at 16560 Flagstaff Way and shall not utilize on- street parking. 6. The home occupation shall not be conducted between 10:00 p.m. and 7:00 a.m. 7. The provisions of Chapter 11 -32 -7 of the Zoning Ordinance shall be met at all times. 8. The special home occupation permit shall expire one year from the date of issuance of the permit at which time the applicant may file for an extension of three years. ITEM 6. MINNESOTA SCHOOL OF BUSINESS Chair Davis opened the public hearing to consider the application of Myhre Holdings Lakeville, LLC for a Conditional Use Permit to allow an adult education facility in the C -3, General Commercial District, located at 17645 Juniper Path. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Troy Shannon from the Minnesota School of Business presented an overview of their request. Economic Development Specialist Adam Kienberger presented the planning report. Mr. Kienberger stated that Planning Department staff recommends approval of the Minnesota School of Business Conditional Use Permit, subject to the 6 stipulations listed in the January 15, 2010 planning report. Chair Davis opened the hearing to the public for comment. There were no comments from the audience. 10.03 Motion was made and seconded to close the public hearing at 6:15 p.m. Ayes: Adler, Grenz, Drotning, Glad, Davis. Nays: 0 Chair Davis asked for comments from the Planning Commission. Discussion points were: Planning Commission Meeting January 21, 2010 Page 4 Commissioner Grenz asked if a kennel is a conditional use in the C -3 District. Mr. Morey indicated that a kennel is a permitted accessory use in conjunction with a veterinarian clinic, not a stand alone facility. The primary function of the Minnesota School of Business request is an adult education facility and the kenneling of animals is secondary to that use. The use of the adult education facility meets all of the Zoning Ordinance performance criteria. While not required, staff reviewed the performance standards for veterinary clinics because they are similar in nature. The City Attorney confirmed that as an accessory use a variance is not needed for the kenneling of animals. Commissioner Grenz then asked if a school is teaching airline engine repair could jet engines be run or if it teaches blowing up stumps could dynamite be used. Mr. Morey stated that while these examples are a bit extreme, there are public safety, noise, and other performance standards in the Zoning Ordinance that would address this scenario. Commissioner Grenz felt that a cover on the fence should be a requirement to prevent the dogs from jumping out. Mr. Morey indicated that up to an 8 foot tall fence can be erected in commercial districts. Because of the 12 foot tall retaining wall on the south and east sides of the fence and that the dogs are not left unattended and will be on a leash at all times, it was determined that a cover on the fence would not be necessary. 10.04 Motion was made and seconded to recommend to City Council approval of the Minnesota School of Business Conditional Use Permit to allow an adult education facility within the Southfork Office Center, located at 17645 Juniper Path, subject to the following stipulations: 1. An enclosed dog run area shall be constructed on the south side of the building adjacent to the existing retaining wall with a solid fence height of at least six (6) feet. 2. Indoor animal kennel floors and walls shall be made of nonporous materials or sealed concrete to make it nonporous. 3. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. 4. The building plans shall be reviewed and approved by the Fire Marshall and Building Official prior to the issuance of a building permit for interior modifications. 5. All building signage shall require a sign permit from the City of Lakeville prior to installation. 6. Future expansion of Minnesota School of Business within the Southfork Office Building shall be subject to a Conditional Use Permit Amendment. Ayes: Drotning, Glad, Davis, Adler. Nays: Grenz. Mr. Grenz stated that he "did not want to set a precedent to allow any auxiliary use with the main use." ITEM 7. AGGREGATE INDUSTRIES, INC. Chair Davis asked for a motion to table the Nordic Square PUD Amendment to a future Planning Commission meeting. 10.05 Motion was made and seconded to table the Nordic Square PUD Amendment to a future Planning Commission meeting. Commissioner Glad requested that when this agenda item comes back to the Planning Commission the minutes from the March 6, 2008 Planning Commission meeting, where Aggregate Industries, Inc. and McNamara Contracting, Inc. previously requested an amendment to the Nordic Square PUD, are included in the packet. Ayes: Drotning, Glad, Adler, Davis, Grenz. Nays: 0 ITEM 8. ELECTION OF 2010 PLANNING COMMISSION OFFICERS 10.06 Motion was made and Seconded to nominate Commissioner Davis to the office of Chair for the year 2010, subject to the confirmation of the City Council; to nominate Commissioner Lillehei to the office of Vice Chair for the year 2010; to nominate Commissioner Adler to the office of Secretary for the year 2010, and to close nominations. Ayes: Glad, Davis, Adler, Grenz, Drotning. Nays: 0 Planning Commission Meeting January 21, 2010 Page 5 There being no further business, the meeting was adjourned at 6:31 p.m. The Planning Commission proceeded immediately into a work session. Respectfully submitted, rdin car 2/04/10 Penny Brevi�g!Reco g y Planning Commission Meeting January 21, 2010 Page 6