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HomeMy WebLinkAbout08-03-06 CITY OF LAKEVILLE Planning Commission Meeting Minutes . AUGUST 3, 2006 The August 3, 2006 Planning Commission meeting was called to order by Chair Swecker in the City Hall Council Chambers at 6:00 p.m. Flag Pledge. Present: Pattee, Manikowski, Stolte, Swecker, Detjen, Grenz, Drotning, Ex-officio Gerl. Absent: None. Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Kris Jenson, Associate Planner; Jay Rubash, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The July 20, 2006 Planning Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey indicated the following items were distributed to the Planning. S Commission members and staff before tonight's meeting. 1. The August 2, 2006 Parks, Recreation and Natural Resources Committee meeting motions for the Curren Addition final plat .and the Morgan Square Third Addition preliminary plat. 2. Revised copy of the August 3, 2006 Findings of Fact for Dan and Heidi Pecha correcting a typographical error. ITEM 5. CONSENT AGENDA 06.92 Motion was made and seconded to recommend to City Council approval of the August 3, 2006 Planning Commission Consent Agenda as follows: A. Approve the Curren Addition final plat of 10 single family lots, located north of Kenwood Trail (CSAH 50), east of Iteri Avenue and north and south of Iteri Court East. Ayes: Pattee, Manikowski, Stolte, Swecker, Detjen, Grenz, Drotning. Nays: 0 Planning Commission Meeting August 3, 2006 Page 2 ITEM 6. DAN AND HEIDI PECHA Chair Swecker opened the public hearing to consider the application of Dan and Heidi Pecha for a Conditional Use Permit amendment to allow the construction of an addition to a house with an existing .non-conforming setback within. the. Shoreland Overlay District of Lake Marion, located at 1D647 - 202nd Street. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mr. and Mrs. Pecha presented an overview of their request.. Mr. Pecha questioned Stipulation 4 in the planning report. He would like to know why the driveway .pavement cannot remain in its current location along the west property line. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Mr. and Mrs. Pecha are requesting approval of a conditional use permit amendment to construct a screen porch and small deck expansion to their existing house. Mr. Dempsey stated that the existing house does not meet the 14 foot setback • requirement to the west side property line. He explained that while the existing house was constructed in 1990 following the approval of a conditional use permit and met all setback requirements, the existing house's non-conforming west side yard setback was created in 1992 as a result of a judicial settlement of a property line dispute between the previous owners of the subject property and the owners of the property to the west. Mr. Dempsey indicated that the .existing driveway is constructed right up to the west property line, which does not match the site plan approved with the conditional use permit in 1990 and the building permit for the detached garage approved in 2000 Mr. Dempsey indicated that a stipulation of the conditional use permit amendment will require the removal of approximately 5 feet of the west side of the existing driveway to meet the 5 foot setback requirements for the paved driveway and the pavement at the curb must be reduced to not more than 28 feet as recommended by Engineering Department staff in the July 25, 2006 memo. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the conditional use permit amendment, Planning Department staff recommends approval subject to the 4 stipulations listed in the July 28, 2006 planning report, and approval of the Findings of Fact dated August 3, 2006 • Chair Swecker opened the hearing to the public for comment. Planning Commission Meeting August 3, 2006 Page 3 i There were no comments from the audience. 06.93 Motion was made and seconded to close the public hearing at 6:07 p.m. Ayes:.? Nays: 0 Motion passed. The Planning Commission discussed the driveway setback and width requirements. They unanimously agreed that the Zoning Ordinance requirements must be met and expressed their support for Stipulation 4 in the July. 28, 2006 planning report as presented. 06.94 Motion was made and seconded to recommend to City Council approval of the Dan and Heidi Pecha Conditional Use Permit amendment to allow the construction of an addition to a house with an existing non-conforming setback within the Shoreland Overlay District of Lake Marion, located at 10647 - 202nd Street, subject to the 4 stipulations listed in the July 28, 2006 planning report, and approval of the .Findings of Fact dated August 3, 2006. Ayes: Manikowski, Stolte, Swecker, Detjen, Grenz, Drotning, Pattee. • Nays: 0 ITEM 7. MINNESOTA VALLEY YMCA Chair Swecker opened the public hearing to consider the application of the Minnesota Valley YMCA for a variance to allow a Iot Iess than 10 acres in area and 300 feet in width in the RA, Rural/ Agricultural District to allow City sanitary sewer to serve an approximately one acre portion of the 30-acre YMCA Camp Streefland property to accommodate the removal of anon-compliant private sanitary sewer system, located at 11490 Klamath Trail. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. The applicant was not in attendance. Mr. Morey stated that he was comfortable moving forward with this agenda item and have staff present the planning report due to the fact that the Metropolitan Council has approved the Comprehensive Plan Amendment, previously approved by the Planning Commission and City Council, subject to the requirement that a separate parcel be created for the area covered under the Comprehensive Plan Amendment, therefore resulting in the need for this planning action. • Planning Commission Meeting August 3, 2006 Page 4 i Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that .approval of the variance application would allow the administrative subdivision of a 1-acre parcel from the existing 25 acre YMCA property located in the RA District to allow the extension of sanitary sewer to the existing pool house on the property. He indicated that the YMCA is required to replace a non- compliant septic system on the property as a stipulation of CUP 04-29, that. the City Council approved on October 18, 2004. Mr. Dempsey stated that on November 17, 2005 the City Council approved a Comprehensive Plan Amendment to bring the 1-acre area into the current MUSA. On June 19, 2006 the Metropolitan Council had approved the Comprehensive Plan Amendment subject to the requirement that a separate parcel be created for the area covered under the Comprehensive Plan Amendment. Mr. Dempsey stated that the hardship associated with this variance request is due to the Metropolitan Council's change of policy. Mr. Dempsey stated that should the Planning Commission recommend to the City Council. approval of the variance, Planning Department staff recommends approval subject to the one stipulation listed in the July 28, 2006 planning report, and • approval of the Findings of Fact dated August 3, 2006. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 06.95 Motion was made and seconded to close the public hearing at 6:30 p.m. Ayes: 7 Nays: 0 Motion passed. Commissioner Grenz asked if all the buildings on the property meet setback requirements with the proposed. new property lines. Mr. Dempsey stated that they wily meet building setback requirements. Commissioner Drotning expressed his concern about a possible future re-use of the parcel being created. by the variance. He suggested a stipulation be added to the variance requiring that the newly created parcel be used. for public or semi-public purposes in the same manner as the. parent parcel. The Planning Commission members wanted to be sure that the newly created. parcel stays .under the same ownership as the parent larger parcel and wanted to be sure the parcels are combined with the future re-development of the YMCA Camp Planning Commission Meeting August 3, 2006 Page 5 • Streefland site. Mr. Morey stated that .the parcels could be .combined administratively by the City after the property is brought into the Current MUSA. Mr. Morey suggested the following stipulations be added to the one stipulation listed in the July 28, 2006 planning report: 2. The newly created parcel shall be used for public or semi-public uses in the same manner as the parent parcel. 3. The subject parcels shall be combined with their future re-development. 4. Driveway access onto County Road 5 (Kenwood Trail) shall not be permitted for the newly. created parcel. 06.96 Motion was made and seconded to recommend to City Council approval. of a variance to allow a lot less than 10 acres in area and 300 feet in width in the RA, Rural/ Agricultural District to allow City sanitary sewer to .serve an approximately one acre. portion of the 30-acre YMCA Camp Streefland property to accommodate the removal of anon-compliant private sanitary .sewer system,. located at 11490 Klamath Trail, subject to the one stipulation listed in the July 28 2006 planning report, and the 3 recommended additional stipulations, and approval of the Findings of Fact dated August 3, 2006. Ayes: Stolte, Swecker, Detjen, Grenz, Drotning, Pattee, Manikowski. Nays: 0 ITEM 8. MORGAN SQUARE Chair Swecker opened the public hearing to consider the application..of Morgan Square LLC for the preliminary plat of 35 attached townhouse units to be known as Morgan Square Third Addition, located south of 205 Street and west of Keokuk Avenue. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance. with State Statutes and City Code. Cody Eilertson from Bohlen Engineering presented an overview of the developer's request. Associate Planner Kris Jenson presented the July 27, 2006 planning. report. Ms. Jenson stated that representatives of Morgan Square LLC have submitted an application for the preliminary plat of 35 townhouse units located within six. buildings .with four common area lots to be known as Morgan Square Third Planning Commission Meeting August 3, 2006 Page 6 Ms. Jenson indicated that all 35 townhouse units meet the performance standards of the RM-1 District. She stated that per the exterior materials calculations submitted by the developer, the different townhouse building styles meet the requirements of the Zoning Ordinance. She indicated that she received a fax today from the developer showing the rear elevation of the .row-style units that matches the exterior material calculations that were previously provided by the developer. Ms. Jenson stated that Outlot A will be deeded to the Homeowners Association to meet the open space requirement of the Zoning Ordinance. Ms. Jenson .stated that should the Planning Commission recommend to the City Council approval of the preliminary plat, Planning. Department staff recommends .approval, subject to the 9 stipulations listed in the July 27, 2006 planning report. Chair Swecker opened the hearing to the public for comment. Bob Powell, 11774 - 205th Street W. Mr. Powell indicated that the developer was required to construct a trail on the south side of 205th Street with the first phase of the Morgan. Square development. The trail has not been constructed yet, and he wants to make sure it is not forgotten. 06.97 Motion was made and seconded to close the public hearing at 6:46 p.m. Ayes: 7 Nays:0 Motion passed. Ms. Jenson indicated that the trail should be constructed"this fall. Mr. Rubash indicated that the trail is to be constructed in conjunction with the wear course street paving in the Morgan Square development. Construction of the trail was timed with the construction of townhouse buildings in the Morgan Square development. Commissioner Drotning asked how we define useable open space. Mr. Morey read the definition. of open space from the Zoning Ordinance. Commissioner Drotning expressed concern about the .grade in Outlot A and questioned how much of the property was "useable." Commissioner Stolte commented that in order to make it more activity useable, the developer would have to remove. trees, which would not be desirable. Commissioner Pattee indicated that even with all the trees that will be saved within Outlot A, it could still be used for passive recreational activities. Planning Commission Meeting .August 3, 2006 Page 7 Chair Swecker asked why Morgan Square is zoned Planned Unit Development (PUD). Mr. Morey explained that when the .preliminary plat was approved, the guest parking setback was 30 feet from townhouse buildings and street right-of- way. Given that the developer agreed to construct .Keystone Avenue to minor collector standards due to the belief at that time that it would connect 205 Street and CSAH 70 at a future date, flexibility from the guest parking setback was allowed by the PUD zoning given the narrow width of the subject property. Since that time, the I-35/CSAH 70 interchange improvements have been designed and Keystone Avenue will no longer provide a direct connection to CSAH 70. In addition, the guest parking setback has been reduced to 15 feet. Morgan Square Third Addition meets the 15 foot setback requirement. Chair Swecker commented that she liked the way the guest parking is dispersed throughout the site. 06.98 .Motion was made and seconded to recommend to City Council approval of the Morgan Square Third Addition Preliminary Plat of 35 attached townhouse .units, located south of 205 Street and west of Keokuk Avenue, subject to the 9 stipulations listed in the July 27, 2006 planning report. Ayes: Swecker, Detjen, Grenz, Drotning, Pattee, Manikowski, Stolte. Nays: 0 There being no further business, the meeting was adjourned at 7:00 p.m. Respectfully submitted, Penny B 'g, Recording Secreta y ATTEST: ~ Kerrin Swecker, Chair