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HomeMy WebLinkAbout03-23-06 CITY OF LAKEVILLE Planning Commission Meeting Minutes • MARCH 23, 2006 The March 23, 2006 Planning Commission meeting was called to order by Chair Swecker in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Pattee, Stolte, Swecker, Manikowski, Grenz, Drotning, Ex-officio Gerl. Absent: Detjen. Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Allyn Kuennen, Associate Planner; Leif, Hanson, Planning Assistant; Jay Rubash, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The March 9, 2006 Planning Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey indicated the following items were distributed to the Planning Commission members and staff before tonight's meeting. 1. March 22, 2006 Parks, Recreation and Natural Resources Committee meeting motions regarding the Pine Grove Second Addition final plat and Trinity Evangelical Free Church preliminary plat. 2. Revised preliminary plat plans for Trinity Evangelical Free Church showing Outlot C (future road). ITEM 5. KIM MANIKOWSKI Kim Manikowski was sworn in as a new Planning Commission member at tonight's meeting. ITEM 6. KIRK MEYER Chair Swecker opened the public hearing to consider the application of Kirk Meyer for a Conditional Use Permit to allow more than 1,250 square feet of total accessory building floor area on a lot in the RS-3, Single Family Residential District, located at 18803 Orchard Trail. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Planning Commission Meeting March 23, 2006 Page 2 Kirk Me er was in attendance at torsi ht's meetin to answer an uestions that the Y g g Yq Planning Commission or public may have. Mr. Meyer presented an overview of his request. Planning Assistant Leif Hanson presented the planning report. Mr. Hanson stated Kirk Meyer is proposing to construct a detached accessory building on his property that, when combined with the floor area of his existing attached garage, would exceed the maximum of 1,250 square feet of accessory building floor area that is allowed on a corner lot in the RS-3, Single Family Residential District. He indicated that the total accessory building area, when combined with the existing garage, would be 1,572 square feet. Mr. Hanson stated that Mr. Meyer is requesting the detached accessory building for the purpose of storing his own recreational vehicles, recreational trailers and other miscellaneous items. A stipulation of the conditional use permit will prohibit the operation of any commercial business or the storage of commercial equipment within the accessory building. Mr. Hanson described. the proposed exterior finish of the building and indicated that the color of the accessory building will match the exterior of the existing house. • He indicated that there will be one overhead door, located on the front (east) elevation of the accessory building. Mr. Hanson stated that Mr. Meyer is proposing to locate the accessory building 65 feet from the front property line, 62 feet from the rear property line and 48 feet from the side property line adjacent to Kabera Trail. Mr. Hanson stated that City staff is recommending that 4, six-foot tall evergreen trees be planted on the north side of the accessory building to provide year-round. screening of the accessory building from Kabera Trail. He indicated that staff will work with Mr. Meyer to determine where these trees should be planted. Mr. Hanson stated that Mr. Meyer will provide a paved driveway access to the proposed accessory building. Also, Mr. Meyer is proposing to provide electrical service to the accessory building, which will need to be installed underground. There will be no sewer or water service provided to the accessory building. Mr. Hanson reviewed the performance standards of the Zoning Ordinance for a conditional use permit for an accessory building. • Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the Kirk Meyer conditional use permit, Planning Department Planning Commission Meeting March 23, 2006 Page 3 i staff recommends approval subject to the 8 stipulations listed in the March 13, 2006 planning report, and approval of the Findings of Fact dated March 23, 2006. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 06.20 Motion by Pattee, Second by Drotning to close the public hearing at 6:10 p.m. Ayes: Pattee, Stolte, Swecker, Manikowski, Grenz, Drotning. Nays: 0 Commissioner Drotning addressed the letter sent by a neighbor opposing the conditional use permit and attached as Exhibit E to the March 13, 2006 planning report. He stated that the size of the proposed accessory building is consistent with others approved on similar sized lots in the City, including one approved for a neighbor to the south afew- years ago. He stated that the Zoning Ordinance includes provisions that the accessory building must comply with, including that it cannot be used for commercial business or storage purposes. •06.21 Motion by Drotning, Second by Pattee to recommend to City Council approval of the Kirk Meyer Conditional Use Permit to allow more than 1,250 square feet of total accessory building floor area on a lot in the RS-3, Single Family Residential District, located at 18803 Orchard Trail, subject to the 8 stipulations listed in the March 13, 2006 planning report, and approval of the Findings of Fact dated March 23, 2006. Ayes: Stolte, Swecker, Manikowski, Grenz, Drotning, Pattee. Nays: 0 ITEM 7. PINE .GROVE SECOND ADDITION Chair Swecker opened the public hearing to consider the application of Country Joe, Inc. for the vacation of public drainage and utility easements, located north of Dodd Boulevard (CSAH 9), south of 175 Street and east of Hayes Avenue, and consider the final plat of 29 single family lots to be known as Pine Grove Second Addition. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Joe Miller of Country Joe, Inc. and Robert Wiegert from Paramount Engineering and Design were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Wiegert presented an overview of the request. Planning Commission Meeting March 23, 2006 Page 4 Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen stated that a 50-foot permanent drainage and utility easement was established with the Cherry View 2nd Addition plat for drainage purposes and is located along the west side of the Pine Grove. Second Addition plat, extending from 175 Street to Dodd Boulevard. He indicated that the swale or overland drainage channel will be eliminated through site grading of Pine Grove Second Addition, thereby removing the need for the easement. Mr. Kuennen stated that the stormwater will be routed through a storm sewer system constructed with Pine Grove Second Addition improvements. Mr. Kuennen briefly reviewed the Pine Grove Second Addition final plat. He stated that Pine Grove Second Addition is not required to meet the new buffer yard standards approved by the City Council in January 2006 because the preliminary plat of Pine Grove was approved prior to the adoption of the new standards. He indicated, however, that buffer yard berming and landscaping is required along 175 Street and Dodd Boulevard. He stated that the landscape plan submitted with the Pine Grove Second Addition final plat will need to be revised to include the specific tree species and height of the trees in compliance with the buffer yard requirements in place at the time of preliminary plat approval. Mr. Kuennen stated that should the Planning Commission recommend to the City Council approval of the easement vacation and final plat of Pine Grove Second Addition, Planning Department staff recommends approval subject to the 11 stipulations listed in the March 16, 2006 planning report. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 06.22 Motion by Stolte, Second by Pattee to close the public hearing at 6:20 p.m. Ayes: Swecker, Manikowski, Grenz, Drotning, Pattee, Stolte. Nays: 0 Commissioner Drotning asked if there was a small swale proposed between Lots 16 and 17, Block 2 and what was the purpose of the swale. Mr. Rubash stated that there is an oversized drainage and utility easement between these two lots due to the existing twin stormwater culverts installed on the south side of 175 Street with the Cherry View 2nd Addition development. Commissioner Stolte indicated that when there is a second addition to a subdivision, the public tend to believe it's a foregone conclusion that it will be Planning Commission Meeting March 23, 2006 Page 5 i approved because it looks like the whole subdivision is being worked on at one time. Mr. Kuennen stated that the entire site is normally graded with the preliminary plat and so it tends to look like the entire property is being built on. Commissioner Grenz asked about the lack of berming along Highview Avenue and Dodd Boulevard in the first addition. Mr. Morey stated that the buffer yard standards were recently modified, after considerable review and discussion by the Planning Commission, to help ensure .that. the required buffer, berming and landscaping is properly installed. He stated that the planning and engineering staff are committed to more carefully reviewing berming and .landscaping plans to ensure compliance with the new buffer yard requirements. 06.23 Motion by Pattee, Second by Stolte to recommend to City Council approval of the Pine Grove Second Addition final plat of 29 single family lots, and vacation of public drainage and utility easement, located north of Dodd Boulevard (CSAH 9), south of 175th Street and east of Hayes Avenue, subject to the 11 stipulations listed in the March 16, 2006 planning report. Ayes: Manikowski, Grenz, Drotning, Pattee, Stolte, Swecker. • Nays: 0 ITEM 8. TRINITY EVANGELICAL FREE CHURCH Chair Swecker opened the public hearing to consider the application of Trinity Evangelical Free Church for the following, located north of Juniper Way (CSAH 70), south of 210th Street and west of Lakeville South High School: A. Comprehensive Plan amendment to modify the staged MUSA Expansion Areas Map to allow the subject property to be brought into the Current MUSA; B. Rezoning the property from CC, Corporate Campus District to RM-1, Medium. Density Residential District; C. Preliminary plat of one lot and 3 outlots; and D. Conditional use permit to allow a church in the RM-1, Medium Density Residential District and a building height greater than 35 feet. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Don Reigstad, representing Trinity Evangelical Free Church was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Reigstad introduced his development team and presented an overview of the request. • Planning Commission Meeting March 23, 2006 Page 6 • Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Trinity Evangelical Free Church is proposing to construct a new 888 seat sanctuary church. He indicated the planning actions necessary for the development of the .church are a Comprehensive Plan (MUSA) amendment, rezoning, preliminary plat, and conditional use permit. Mr. Dempsey stated that the Trinity Evangelical Free Church representatives are requesting that a portion of their property be .brought into the Current MUSA to allow the development of the property and the construction of the new church. He indicated that staff supports bringing Lot 1, Block 1 and Outlot C of the preliminary plat into the Current MUSA. Outlots A, B, and C would be held under church ownership at this time and are not proposed to be developed with this phase of the church project. Mr. Dempsey stated that the Metropolitan Council must approve the Comprehensive Plan Amendment to bring the property into the Current MUSA as a condition of the preliminary plat. Mr. Dempsey stated that the subject property is zoned CC, Corporate Campus District and is also within the RAO, Rural Agricultural Overlay District. Churches are allowed by conditional use permit in a residential district only. Mr. Dempsey indicated that consistent with the RM-1, Medium Density Residential District • zoning of the Lakeville South High School property, the church property is proposed to be rezoned to RM-1 District. The RAO District will be removed as part of the Comprehensive Plan (MUSA) amendment. Mr. Dempsey described the streets that the property abuts, which are 210 Street to the north and Juniper Way (CSAH 70) to the southwest. He stated that site access to the church property for Phase I development will be from 210 Street only. Mr. Dempsey stated that the proposed plans must show possible future north-south local commercial/industrial streets on the east and west sides of the plat connecting CSAH 70 with 210 Street. Future access to CSAH 70 is subject to the approval of Dakota County. Mr. Dempsey reviewed the Zoning Ordinance performance standards and criteria for allowing the proposed church in the RM-1, Single Family Residential District, which are outlined in detail in the March 17, 2006 planning report. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Comp. Plan amendment, rezoning, preliminary plat, and conditional use permit, Planning Department staff recommends approval subject to the 13 stipulations listed in the March 17, 2006 planning report, and approval of the • Findings of Fact dated March 23, 2006. Planning Commission Meeting March 23, 2006 Page 7 i Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 06.24 Motion by Pattee, Second by Stolte to close the public hearing at 6:50 p.m. Ayes: Grenz, Drotning, Pattee, Stolte, Swecker, Manikowski. Nays: 0 Ex-officio. Gerl asked if there were proposed turning lanes or passing lanes on 210 Street. Mr. Dempsey stated that the church will be required to construct an eastbound right turn lane into the church and as well as a westbound by-pass lane. Mr. Rubash indicated that ultimately 210 Street would be a 3 lane roadway section. He stated that upgrade not in the current CIP. The Planning Commission indicated that they appreciated the work that went into designing the parking lot with good circulation. Commissioner Drotning questioned the possible future westerly street access at a curve on CSAH 70. Mr. Rubash explained the sight lines at this location and the future street location in relation to Dakota County access spacing guidelines and access to adjacent properties. 06.25 Motion by Drotning, Second by Pattee to recommend to City Council approval of the Trinity Evangelical Free Church Comprehensive Plan amendment to modify the staged MUSA Expansion Areas Map to allow the subject property to be brought into the Current MUSA; rezoning the property from CC, Corporate Campus District to RM-1, Medium Density Residential District; preliminary plat of one lot and 3 outlots; and conditional use permit to allow a church in the RM-1, Medium Density Residential District and a building height greater than 35 feet, subject to the 13 stipulations listed in the March 17, 2006 planning report, and approval of the Findings of Fact dated March 23, 2006. Ayes: Drotning, Pattee, Stolte, Swecker, Manikowski, Grenz. Nays: 0 There being no further business, the meeting was adjourned at 7:03 p.m. pectfully submitted, ATTEST: Penny g, Recording c etary Ke rin Swecker, Chair