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HomeMy WebLinkAbout03-20-08 CITY OF LAKEVILLE Planning Commission Meeting Minutes • MARCH 20, 2008 The March 20, 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: Lillehei, Drotning, Pattee, Grenz. Absent: Manikowski, Davis, ex-officio Bussler. Staff Present: Daryl Morey, Planning Director; Kris Jenson, Associate Planner; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: Commissioner Lillehei noted minor changes to the original draft of the March 6, 2008 Planning Commission minutes which had been distributed with the planning packets. There was a typo on page 7. On page 14 in the first paragraph he requested the following changes: "Purchase Agreement, which states in part..." And add the following to the end of the same paragraph; "The document was received by the Planning Secretary and will be part of the record." • Commissioner Lillehei stated that he would like to amend the nay vote statement for agenda item 9 in the March 6, 2008 minutes to read: "Commissioners Grenz, Manikowski and Lillehei felt that the City needed to keep the commitment that was stated in the Addendum to Purchase Agreement for Spirit of Brandtjen Farm and the commitment to the Spirit of Brandtjen Farm PUD." The March 20, 2007 Planning Commission meeting minutes were approved as amended. ITEM 4. ANNOUNCEMENTS: Mr. Morey indicated that the following items were distributed to the Planning Commission at tonight's meeting: A. Amended pages from the March 6, 2008 Planning Commission minutes. B. A copy of the Land Use Planning workshops brochure sponsored by the Government Training Service. Mr. Morey requested that the Planning Commissioners let the Planning Commission Secretary know if they want to attend any of the workshops. • Chair Drotning requested a list of workshops that he has previously attended. Planning Commission Meeting March 20, 2008 Page. 2 • ITEM 5. JILL HENDRICKSON Chair Drotning opened the public hearing to consider the application of Jill Hendrickson for a Special Home Occupation Permit to allow natural healing services in her single family residence, located at 7095 -1680i Street. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Jill Hendrickson presented an overview of her request. She explained what her natural healing services would involve. Associate Planner Kris Jenson presented the planning report. Ms. Jenson reviewed the provisions that all permitted and special home occupations must conform to. Ms. Jenson indicated that the City Clerk has determined that this use does not require a license from the City Clerk's office. Ms. Jenson stated that of the phone calls that she received regarding the public hearing notice, there was only one objection to the home business concerned mainly about increased traffic and parking. • Ms. Jenson stated that should the Planning Commission recommend to the City Council approval of the Special Home Occupation Permit, Plazming Department staff recommends approval subject to the 8 stipulations listed in the March 13, 2008 planning report, and approval of the Findings of Fact dated March 20, 2008. Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. 08.23 Motion was made and seconded to close the public hearing at 6:08 p.m. Ayes: 4 Nays: 0 Commissioner Lillehei headed a discussion regarding the wording in the Zoning Ordinance compared to the wording of provisions 8 and 10 listed on page 3 of the March 13, 2008 planning report. He felt the wording of the provisions cited in the planning report should match the wording of the provisions listed in the Zoning Ordinance. The Planning Commissioners discussed whether the planning report needed to paraphrase the Zoning Ordinance or mirror it. The consensus was that the wording should be the same. • Planning Commission Meeting March 20, 2008 Page 3 • The Planning Commission also discussed sign requirements and noted the sign requirements for home based businesses are far more restrictive than the general residential sign requirements (i.e. House For Sale signs). Chair Drotning felt it was appropriate to re-visit the home occupation sign requirements when the City updates the Zoning Ordinance in 2009. Commissioner Grenz felt that the March 13, 2008 planning report should be left as written and that from this point forward we should be sure that the provisions listed in the staff reports mirror the provisions in the Zoning Ordinance. Commissioner Lillehei suggested the following change to the staff response to provision 10 on page 3 of the March 13, 2008 planning report: "The Zoning Ordinance prohibits the operation of a-this home business between the hours of 10 p.m. and 7 a.m." Mr. Morey stated that this wording change is appropriate, and if the Planning Commission concurs, the March 13, 2008 planning report will be revised prior to the special home occupation being considered by the City Council. Commissioner Lillehei asked for some background on the redundancy of listing provisions of the Zoning Ordinance as stipulations in the planning reports. He • indicated that when the application is signed by the applicant, they are confirming that they have read the requirements of the Zoning Ordinance. Staff explained that this was done to highlight specific .provisions related to the special home occupation request to be sure the applicant is fully aware of them. The Planning Commission discussed how a future amendment to the Zoning Ordinance might affect the specific stipulations in a home occupation. It was the consensus of the Planning Commission that due to the fact that special home occupation permits come up for renewal after one year for new applicants and every three years after that, if there is an amendment to the Zoning Ordinance, the stipulations could be changed at the time of renewal to reflect the amended provisions. 08.24 Motion was made and seconded to recommend to City Council approval of Jill Hendrickson s Special Home Occupation Permit to allow natural healing services n1 her single family residence, located at 7095 168 Street, subject to the 8 stipulations listed in the March 13, 2008 plaruling report, and approval of the Findings of Fact dated March 20, 2008. Ayes: Lillehei, Drotning, Pattee, Grenz. Nays: 0 • Planning Comrission Meeting March 20, 2008 Page 4 • ITEM 6. COMFORT INN Chair Drotning asked for a motion to table the Comfort Inn sign variance public hearing as requested by the applicant. 08.25 Motion was made and seconded to table the Comfort Inn public hearing to the Apri13, 2008 meeting as requested by the applicant. Ayes: Drotning, Pattee, Grenz, Lillehei. Nays: 0 ITEM 7. OLD BUSINESS Chair Drotning stated that staff is recommending that the Planning Commission direct staff to prepare findings of fact regarding the McNamara Contracting, Inc. amendment to the Nordic Square PUD for consideration by the Planning Commission at their April 3, 2008 meeting. Mr. Brian McCool, attorney with Fredrikson & Byron, P.A., stated that they sent a • letter to staff on behalf of McNamara Contracting, Inc. representatives requesting that findings of fact be prepared listing the reasons for the Planning Commission s 4-1 nay vote on the PUD amendment application at their March 6, 2008 meeting. Mr. Morey indicated that the City Attorney has advised staff that it is necessary for the Planning Commission to adopt findings of fact consistent with their recommendation. Chair Drotning requested that the Planning Commission receive a presentation from the applicant on the permitting process at the next meeting. Chair Drotning also wanted to be sure that the neighbors are informed of the Plazming Commission meeting. Mr. McCool indicated that Mr. McNamara would not be available at the April 3, 2008 Planning Commission meeting and requested the presentation be scheduled for the Apri117, 2005 meeting. This would give his client adequate time to prepare a presentation and staff adequate time to provide written notice to the neighborhood. Chair Drotning asked staff about the application deadline. Mr. Morey stated that Mr. McNamara's letter also included a request fora 60 day extension, which will extend the application deadline to June 11, 2008. Planning Commission Meeting March 20, 2008 Page 5 Commissioner Lillehei ask if the public hearing can be re-opened at the April 17, 2008 Planning Commission meeting. Assistant City Attorney Poehler stated that audience comments can be considered if the Planning Commission so chooses without having to formally open the public hearing again. Commissioner Lillehei asked about the five factors the Planning Commission should consider when making a recommendation on the PUD amendment request according to Chapter 11-3-3E of the Zoning Ordinance and as listed in the letter from Mr. McNamara's attorney. He asked at what point do we limit the factors to be considered. Assistant City Attorney Poehler stated that in order for any factors to be considered, they must relate to this specific PUD amendment request. Mr. Lillehei asked if the Planning Commission would want to consider whether the proposed amendment would cause the to be in breach of their purchase agreement. Ms. Poehler indicated that the Planning Commission cannot take a private agreement between two parties into consideration when making their decision. Commissioner Grenz asked if a letter would be sent out to residents informing them of the meeting. Mr. Morey indicated that a letter would be sent out by staff • explaining the background of the PUD amendment and identifying the Planning Commission meeting date. It was decided the letter would be sent to all Spirit of Brandtjen Farm residents since none of the Apple Valley or Rosemount property owners within 500 feet of the property attended the public hearing on March 3, 2008. The Planning Commission directed the following: ? The applicant will make a presentation on the permitting process at the Apri117, 2008 Planning Commission meeting. ? Staff will send written notification of the developer's presentation at the April 17, 2008 Planning Commission meeting to all homeowners in the Spirit of Brandtjen Farm development. ? The Planning Commission will accept additional comments from the public. ? Staff will prepare findings of fact for denial and for approval of the PUD amendment. • Planning Commission Meeting March 20, 2008 Page 6 • 08.26 Motion was made and seconded to direct staff to prepare Findings of Fact for McNamara Contracting, Inc.'s amendment to the Nordic Square PUD for consideration by the Planning Commission at the Apri117, 2008 meeting. Ayes: Pattee, Grenz, Lillehei, Drotning. Nays: 0 There being no further business, the meeting was adjourned at 6:58 p.m. Respectfully submitted, . Penny Br g, Recording Sec tart' ATTEST: arl Drotning, Chair