Loading...
HomeMy WebLinkAbout02-02-12CITY OF LAKEVILLE Planning Commission.Meeting Minutes FEBRUARY 2, 2012 The February 2, 2012 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 Blee Commissioner Boerschel Commissioner Drotning Commissioner Grenz Commissioner Maguire Ex- officio Fitzhenry Absent None Staff Present Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Allyn Kuennen, Associate Planner; Mark DuChene, Development/ Design Engineer; Daniel Licht, The Planning Company; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The January 5, 2011 Planning Commission meeting minutes were approved as presented. The January 19, 2012 Planning Commission meeting work session notes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated that the following items were distributed at tonight's meeting: 1. Revised pages for Sections 11, 12 and 21 of Ordinance amendment. the proposed zoning 2. Colored maps, labeled Options A and B, showing the I properties that would allow the reduced outdoor storage fence /wall setbacks of the proposed and revised Zoning amendment. 3. Development Forum Progress report - as an FYI. 1 and I -2 and solid Ordinance Planning Commission Meeting February 2, 2012 Page 2 ITEM 5. KEITH AND JACKIE SAUBER Chair Davis opened the public hearing to consider the application of Keith and Jackie Sauber for a Comprehensive Plan amendment to bring a property into the current Municipal Urban Service Area (MUSA) to allow a single family home to be connected to the city sanitary sewer system, located at 11950 - 185th Street (CSAH 60). The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Keith and Jackie Sauber were in attendance at tonight's meeting. Mr. Sauber presented an overview of their request. He stated they have removed the house previously located on the property and plan to construct a new home this summer. As such, they felt it was a good time to eliminate the failed septic system and hook up to city sanitary sewer, which requires their property to be brought into the current MUSA. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the City sanitary sewer system was extended to the edge of the Sauber's property in 2005 with the development of the Prairie Lake residential subdivision located across 185th Street to the north. He stated that private septic systems require the same setback as buildings in the shoreland overlay district. Because the Sauber property is surrounded on three sides by Lake Marion, constructing a new and compliant septic system on the property would be unlikely. Mr. Dempsey indicated that the RA, Rural/ Agricultural District zoning of the property will not change. He indicated that after City Council consideration, the Comprehensive Plan amendment will be forwarded to the Metropolitan Council for their approval. Mr. Dempsey stated that Planning and Engineering Department staff recommend approval of the Comprehensive Plan amendment to bring the Sauber property into the current MUSA, subject to the 3 stipulations listed in the January 27, 2012 planning report. Chair Davis opened the hearing to the public for comment. There were no comments from the audience. 12.03 Motion was made and seconded to close the public hearing at 6:08 p.m. Ayes: Boerschel, Maguire, Lillehei, Davis, Blee, Grenz, Drotning. Nays: 0 Planning Commission Meeting February 2, 2012 Page 3 Chair Davis asked for comments from the Planning Commission. Discussion points were: • Time frame for Metropolitan Council approval. Mr. Dempsey explained that it is an administrative approval and will likely take approximately 30 days after City Council approval. • The Planning Commission acknowledged the benefit to Lake Marion of removal of the non - compliant septic system. • Commissioner Drotning asked Mr. Dempsey to explain the long range zoning and Comprehensive Plan impacts on this property. Mr. Dempsey explained that the Zoning Ordinance amendment approved on May 17, 2010 changed the classification of the west bay of Lake Marion from recreational development to natural environment. The Zoning Ordinance allows lots of record created prior to May 17, 2010 adjacent to the west bay of Lake Marion to meet the requirements for a recreational development lake classification, which in this case is a 100 foot setback for a lot without City sanitary sewer and a 75 foot setback for a lot with City sanitary sewer. He indicated that because the setback requirement for septic systems is the same as the setback requirement for buildings in the Shoreland Overlay District, there is not adequate area for the construction of a new code compliance septic system on the Sauber property. Mr. Dempsey further explained that if the properties abutting the west bay of Lake Marion are rezoned or subdivided in the future, the Zoning Ordinance requires that the lot or lots comply with the setback requirements for a natural environment lake classification, which would be 150 feet from the Ordinary High Water Level (OHWL). He stated that the MUSA timing and land use designations of this area of the city will be reviewed again with the 2018 Comprehensive Plan Update. 12.04 Motion was made and seconded to recommend to City Council approval of a Comprehensive Plan amendment to bring the Sauber property into the current Municipal Urban Service Area (MUSA) to allow a single family home to be connected to the City sanitary sewer system, located at 11950 - 185th Street (CSAH 60), subject to the following 3 stipulations: 1. The Comprehensive Plan amendment is subject to Metropolitan Council approval. 2. The development of the property shall be in compliance with Zoning Ordinance requirements. 3. The driveway shall be paved with bituminous, concrete or paving brick. Ayes: Maguire, Lillehei, Davis, Blee, Grenz, Drotning, Boerschel. Nays: 0 Planning Commission Meeting February 2, 2012 Page 4 ITEM 6. CITY OF LAKEVILLE Chair Davis opened the public hearing to consider amendments to the Subdivision and Zoning Ordinances. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. The Planning Company consultant Daniel Licht presented the planning report. Mr. Licht stated that City staff has identified sections of the Zoning Ordinance and Subdivision Ordinance that need to be revised to clarify the intent of the regulations. In addition, he indicated that the City has received input from developers, brokers and property owners regarding possible modifications to the Zoning Ordinance and Subdivision Ordinance. Mr. Licht explained that the Planning Commission reviewed a list of possible amendments to the Zoning Ordinance and Subdivision Ordinance at their November 17, 2011 work session. He indicated that tonight's presentation is Part 2 of the proposed amendments, which address additional technical items and also some minor policy issues. Mr. Licht reviewed the amendments, which are described in his January 26, 2012 memorandum. He referred to the maps that were distributed at tonight's meeting as well as the proposed allowance of outdoor storage within the front or side yard of a corner lot for uses in the I -1 and 1 -2 Districts, provided it is fully screened by a privacy fence or solid wall and set back 20 feet from the right -of -way line. The Zoning Ordinance amendment also proposes that there be landscaping on the street side of the fence or wall consistent with existing performance standards in the Zoning Ordinance. The outdoor storage setback allowance would not apply to lots abutting major collector or arterial streets and Hamburg Avenue. He stated that the Option A map shows 73 parcels that would be affected by allowing expanded outdoor accessory storage to both front and side yard lots and Option B shows 15 parcels that would be affected if the outdoor storage was only allowed within the side yard of a corner lot or the rear yard of a through lot for those lots not abutting a major collector or arterial street and Hamburg Avenue. Mr. Licht stated that Planning and Engineering Department staff recommend approval of the proposed amendments, which are listed in the January 26, 2012 planning report, as presented. Chair Davis opened the hearing to the public for comment. Planning Commission Meeting February 2, 2012 Page 5 Tony Markgraf, Operations Manager for Midstate Reclamation and Trucking, 21955 Grenada Az7enue Mr. Markgraf thanked the Planning Commission and staff for considering modifications to the ordinance regarding outdoor storage setbacks in the I -1 and I -2 Districts. He indicated that it is Midstate's intention to install an aesthetically pleasing solid fence (wall) on the south side of their property abutting 220th Street at a 15 foot setback in order to maximize their outdoor storage area. Mr. Markgraf stated that if the City agrees to a greater setback, Midstate will ask for a variance to allow them to construct their fence at a 15 foot setback on the south side of their property. Should the variance not be granted, they will follow the City's setback requirements with a parking lot enclosed by a chain link fence at the required setback line. He stated that would be their least desired option. 12.05 Motion was made and seconded to close the public hearing at 6:31 p.m. Ayes: Lillehei, Davis, Blee, Grenz, Drotning, Boerschel, Maguire. Nays: 0 Chair Davis explained to Commissioner Blee, who was not in attendance at the January 19, 2012 Planning Commission work session, that during the discussion that night regarding the proposed Industrial District outdoor storage and solid fence /wall setback issue, the Planning Commission was split between reducing the setback to 15 feet or 20 feet. The Options A and B maps handed out at tonight's meeting were intended to clarify the impacts of the proposed setback reduction. Chair Davis asked for comments from the Planning Commission. Discussion points were: • The Planning Commission agreed with the industrial outdoor storage setback reduction scenario proposed by the Option B map, which corresponds with the redlined revisions to Sections 11 and 12 distributed at tonight's meeting. • Asked for clarification why the industrial outdoor storage setback reduction would not apply to lots abutting Hamburg Avenue. Mr. Licht explained that even though Hamburg Avenue is only a minor collector it serves as a main street spine through the industrial park. • After some discussion, the Planning Commission agreed to a 15 foot industrial outdoor storage setback for the side yards of corner lots and the rear yards of double frontage lots abutting streets not classified as major collector or arterial, except Hamburg Avenue. • Clarified that the industrial outdoor storage setback reduction scenario proposed by the Option B map could affect more lots in the future when First Park Lakeville and other undeveloped industrial zoned land is subdivided for development. Planning Commission Meeting February 2, 2012 Page 6 • Question was raised regarding the proposed ordinance amendment requirement for providing paved driveway access to detached accessory buildings. Commissioner Grenz indicated that he has a 7 foot roll up garage door on his accessory building and he can drive a car through it. Mr. Licht explained that the ordinance amendment is based upon an architectural standard for a garage design that is 1 foot narrower than a parking stall. It was felt that the 8 foot door would apply to most detached accessory garages. Mr. Licht indicated that this has been an on -going issue since the 2000 Zoning Ordinance Update. The Building Inspections Department will monitor this requirement and if 8 feet does not adequately address the issue, they will let Planning Department staff know. • It was determined that regarding propane tanks, there is no need to add the word "exchange" to the proposed ordinance amendment. The City Attorney indicated that exchange is a generic term and is part of the sale. • Commissioner Grenz felt that floor to ceiling walls should be required to separate a commercial domestic animal boarding tenant space from other tenant spaces in multiple tenant buildings. It was agreed that wording will be added to Sections 21 and 23 to require a physical separation between a commercial domestic animal boarding tenant and other tenants in a multiple tenant building. • Chair Davis commended the staff and Mr. Licht for quickly preparing the proposed amendments in response to comments and suggestions received from residents, developers, and businesses. The following amendments to the proposed ordinance were agreed upon: Sections 11 and 12, the proposed setback will be changed from 20' to 15' and the reduced setback will only be allowed within the side yard of a corner lot or the rear yard of a through lot not abutting a major collector or arterial street or Hamburg Avenue. Sections 21 and 23, (U) the following paragraph will be added: 10. There shall be adequate physical separation within a multiple occupancy building between the animal boarding tenant and other individual tenant spaces to protect public health and safety. 12.06 Motion was made and seconded to recommend to City Council approval of the proposed amendments to the Subdivision and Zoning Ordinances, as amended. Ayes: Lillehei, Davis, Blee, Grenz, Drotning, Boerschel, Maguire. Nays: 0 Planning Commission Meeting February 2, 2012 Page 7 Mr. Morey thanked the Planning Commission for their work on these proposed amendments. The next Planning Commission meeting is scheduled for February 16, 2012. There being no further business, the meeting was adjourned at 6:57 p.m. Respectfully submitted, Penny Brevi , cording Secretary ATTEST: -- q,Ajj� Bar �S' Chair