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HomeMy WebLinkAbout09-04-08 CITY OF LAKEVILLE Planning Commission Meeting Minutes SEPTEMBER 4, 2008 The September 4, 2008 Planning Commission meeting was called to order by Chair Drotning in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Chair Drotning Secretary Pattee Commissioner Lillehei Commissioner Glad Alternate Blee Absent: Vice Chair Davis Commissioner Grenz Ex-officio Bussler Staff Present: Daryl Morey, Planning Director Frank Dempsey, Associate Planner Zach Johnson, Development/ Design Engineer Penny Brevig, Recording Secretary ITEM 3. APPROVAL OF MEETING MINUTES: The August 21, 2008 Planning Commission meeting minutes were approved as presented. Per discussion with. Chair Drotning prior to tonight's meeting, the August 21, 2008 Planning Commission work session notes were. approved as amended. ITEM 4. ANNOUNCEMENTS: Mr. Morey indicated that the following items were distributed to the Planning Commission at tonight's meeting: 1. Red-lined version of suggested changes to the August 21, 2008 Planning Commission work session notes. 2. Complete Findings of Fact for Agenda Item 7, Dennis Dunham. The second page was incomplete when they were included in the packets. 3. A .chart showing the actual commercial parking requirement based upon the current lease space numbers for Agenda Item 5; Crossroads 1St Addition. Plaxanuig.Commission Meeting September 4, 2008 Page 2 ITEM 5. CROSSROADS 1ST ADDITION Chair Drotning opened the public hearing to consider the application of Lakeville 2004, LLC for an amendment to the commercial portion of the Crossroads Planned Unit bevelopment concerning he maximum allowable floor area for restaurant uses, located east of Cedar Avenue (CSAH 23), south of Dodd Boulevard CR 9), and north of 179 Street. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Jerry Hertel from H. J. Development presented an overview of their request. Planning Director Daryl Morey presented the August 27, 2008 planning report. Mr. Morey. explained the updated chart. showing the current lease space numbers and the required. parking for the Crossroads development that was distributed at tonight's meeting. The updated chart identifies a parking surplus of eight spaces in the Crossroads commercial development. Mr. Morey stated that staff recommends approval of the Crossroads PUD amendment, subject to the one stipulation listed in the August 27; 2008 planning report. - Chair Drotning opened the hearing. to the public for comment. There were no comments from the audience. 08.80 .Motion was made and seconded to close the public hearing at 6:14 p.m. Ayes: 5 Nays: 0 Chair Drotning asked .for comments .from the Planning Commission. Commissioner Lillehei wanted to recognize and thank Ms. Jenson and Mr. Morey for amending the actual lease space and number of parking stalls chart as a follow - up to questions he raised and was. now comfortable with the parking numbers. Other discussion points were: • Outdoor patio seating for restaurants. Mr. Morey briefly explained the patio ordinance that was approved by the City Council a few months .ago. • Snow storage on site. Mr. Hertel stated that they own and manage their properties and typically snow storage is on-site unless it created a parking Planning Commission Meeting September 4, 2008 Page 3 supply problem, whereby they would truck the snow off site. The Planning Commission indicated that they would. consider a modification. to their standard snow removal stipulation wording that would allow vacant tenant space and lower restaurant occupancies to determine whether snow needed to be trucked off-site or could be stored on-site. Mr: Morey stated that this stipulation would require Planning Department staff to determine the number of required parking spaces, based upon the Crossroads commercial tenant uses at the time; if there is an issue regarding on site snow storage in the future. • The following stipulation was suggested: 2. .Snow storage shall not occupy required parking spaces based upon the building occupancy at the time. If necessary, to meet this requirement, the snow shall be trucked off-site. Commissioner Lillehei also commented that when he drove behind the multiple tenant commercial buildings; some of the trash enclosures were open and requested that Mr. Hertel remind his tenants that they need to be closed. 08.81 Motion was made and seconded to recommend to City Council approval of an amendment to the commercial portion of the Crossroads Planned Unit Development concerning the maximum allowable floor area for restaurant uses, located east of Cedar Avenue (CSAH 23), south of Dodd Boulevard (CR 9), and north of 179 Street, subject to the following stipulations: 1. The multiple tenant building on Lot 8, Block 1 is limited to restaurant uses having a gross floor area of 6,750 square feet or less. 2. Snow storage shall not occupy required parking spaces based upon the building occupancy at the time. If necessary, to meet this requirement, the snow shall be trucked off-site. Ayes: Glad, Lillehei, Drotning, Pattee, Blee. Nays: 0 ITEM 6. T-MOBILE CENTRAL, LLC Chair Drotning opened the public hearing to consider the application of FMHC Corporation on behalf of T-Mobile Central, LLC for a .conditional use permit to allow the construction of a 75 foot tall personal wireless service antenna tower not Planning Commission. Meeting September 4, 2008 Page 4 located on a public or quasi-public structure in the P-OS, Public-Open Space .District, located at 16050 Garrett Path. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Kelly Swenseth from FMHC presented an overview of T-Mobile's request. Associate. Planner Frank Dempsey presented the August 29, 2008 planning report. Mr. Dempsey stated that staff recommends approval of the T-Mobile conditional use permit, subject to the 9 stipulations listed in the August 27, 2008 planning report. Chair Drotning opened the hearing to the public for comment. Richard Maynard, 7070 263rd Street Mr. Maynard requested an explanation of why the monopole cannot be installed on the south side of the Valley Lake Park access driveway to take advantage of established trees to screen the equipment, 08.82 Motion was made and seconded to close the public hearing at 6:55 p.m. Ayes: 5 Nays: 0 Staff explained the reasoning behind the proposed location of the cell tower. Mr. Dempsey stated that the Parks, Recreation and Natural Resources Committee made the location recommendation after T-Mobile indicated approximately where they wanted to install the cell tower. He indicated that the south side of the driveway has the option of other active park uses, plus the City wants to keep cell towers as far away from residential dwellings as possible. Mr. Dempsey indicated that the Parks & Recreation Department is considering adding some trees in the area to augment the landscape screen. Other discussion points by the Planning Commission were: • How many cell towers are expected in the City at full development. • .What the cell towers would look like if other communication companies co- locate on this tower. Ms. Swenseth indicated that the need for additional equipment inside an additional fenced. area at the base of the cell tower would be the biggest change. Planning Commission Meeting September 4, 2008 Page 5 • Would a communications company wanting to co-locate on this cell tower need to go through the Planning Commission and City Council for approval of a CUP amendment. Staff responded that if the cell tower height were to be greater than 75 feet .with the additional antenna, a public .hearing to amend the CUP and an application for an Interim Use Permit {IUP) would be required. If the height of the cell tower stayed at 75 feet or lower, the application would require administrative review only. • Per FCC regulations, the City is obligated to allow the construction of cell towers. • Any other locations examined for locating the cell. tower, including the Galaxie liquor store site. 08.83 Motio.~ .was made and seconded to recommend to City Council approval of a conditional use permit to allow the construction of a 75 foot tall personal wireless service antenna tower not located on a public or quasi-public structure in the P-OS, Public-Open Space District, located at 16050 Garrett Path, subject to the following stipulations: 1. The. personal wireless service tower shall comply with the requirements of Section 11-30-03 of the Zoning Ordinance. 2. The personal wireless service tower shall not exceed 75 feet in height and shall be constructed in the location shown on the plans approved by the City Councih 3. The personal wireless service tower shall be designed to collapse within a distance less than the 75 foot height of the tower.. 4. The personal wireless service tower and antennas shall be dark brown COR- TEN (natural rust) or matching color. 5. There shall be no barbed wire on the security fence. 6. The proposed equipment cabinets shall be colored earth-tone green. 7. A building permit shall be required prior to construction of the tower. All required Federal and State permits shall be submitted prior to the issuance of a building permit. 8. Landscaping shall be installed as shown on the approved site. plan. Landscaping shall include minimum 6-foot tall spruce trees. A $3,000.00 security shall be submitted to guarantee installation of the trees. All. landscaping shall be maintained and guaranteed for one-year after installation. Any dead trees shall be replaced for the life of the property lease. .Planning Commission Meeting September 4, 2008 Page 6 9. The monopole and all equipment shall be removed by the service provider at the time personal wireless service antennas .are no longer .located on the tower.. -Ayes: Lillehei, Drotning, Pattee, Blee, Glad. Nays: 0 Break at 7:28 Reconvened at 7:37 ITEM 7. DENNIS DUNHAM Chair Drotning opened the public hearing to consider the application of Dennis Dunham for a conditional use permit to allow the following, located east of Kenrick Avenue, west of Kaparia Avenue and south of 215 Street: A. Open and outdoor storage as a principal use on property in the I-1, General Industrial District and RAO, Rural/Agricultural Overlay District; and B. An industrial use on an un- sewered lot located outside the current MUSA. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Dennis Dunham presented an overview of his request. Associate Planner Frank Dempsey presented the August 29, 2008 planning report. Mr. Dempsey displayed pictures of surrounding properties owned by Mr. Dunham and others with existing non-conformities. Mr. Dempsey stated that staff recommends approval of the Dunham conditional use permit, subject to the 12 stipulations listed in the August 27, 2008 planning report. Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. 08.84 Motion was made and seconded to close the public hearing at-7:45 p.m. Ayes: 5 Nays: 0 Chair Drotning asked for comments from-the Planning Commission. Discussion .points were: Planning Commission Meeting September 4, 2008 Page 7 • Clarification by staff of the existing non-conformities on the surrounding properties owned by Mr. Dunham and others. • The adjacent South Creek trout. stream tributary and how the use of the subject property and the other properties in the area could adversely impact the tributary if they do not comply with City Code regulations. • The Planning Commission supports staff in working. with the surrounding property owners to bring their properties .into compliance with Zoning Ordinance requirements. The Planning Commission suggested two additional stipulations be considered: 13. Service, repair, and disassembly of vehicles shall not be permitted. 14. Mr. Dunham must provide annual written certification that the subject property is in compliance with the stipulations of the approved conditional use permit. The Planning Commission discussed tabling this agenda item due to the following: • Would like staff to clearly. identify the non-conformities on the surrounding properties and the owners of these properties. • .The site plan must be revised to eliminate the proposed storage areas in the. corners of the site due to accessibility concerns. • A photometric plan for the subject property must be submitted for Planning Commission review. Mr. Morey stated that the City has the authority under State Statute to extend a conditional use permit application an additional 60 days. 08.85 Motion was made and seconded to table Agenda Item 7 to the September 18, 2008 Planning Commission meeting. Ayes: Drotning, Pattee, Blee, Glad, Lillehei. Nays: 0 08.86 Motion was made and seconded to direct staff to extend the Dunham conditional use permit application an additional 60 days as allowed by State Statute. Ayes: _ Pattee, Blee, Glad, Lillehei, Drotning. Nays: 0 Planning Commission Meeting September 4, 2008 Page 8 ITEM NEW BUSINESS The .Planning Commission directed staff to verify property owners and do a compliance check on all properties located north of the City's southern boundary and south of County Road 70, .east of I-35 to the 215 Street/CSAH 70 (Juniper Way) intersection. Mr. Morey. stated that between now and the next Planning Commission meeting staff can provide a list of these property owners and which are not in compliance with the Zoning Ordinance. Chair Drotning indicated that this could be a discussion item at the next Planning Commission meeting and that perhaps the Planning Commission could suggest to the City Council that they may want to consider enforcement action against those properties not in compliance. There being no further business, the meeting was adjourned at 8:18 p.m. Respectfully submitted, r ~ Penny Bre ,Recording Secreta 09/ 18/ 08 ATTEST: Karl Drotning, Chair 09/ 18/ 08