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HomeMy WebLinkAbout11-02-06 CITY OF LAKEVILLE Planning Commission Meeting Minutes NOVEMBER 2, 206 The November 2, 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, Blee, Swecker, Detjen, Grenz, Drotning, Ex-officio Gerl. Absent: Stolte. Staff Present: Daryl Morey, Planning Director; 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 October 5, 2006 Planning Commission meeting minutes were approved as presented. The October 19, 2006 Planning Commission work session notes were. approved as amended: Wayne Huls Variance request, second paragraph, second sentence; "The • voluntary options discussed..." ITEM 4. ANNOUNCEMENTS: Mr. Morey indicated the following items were distributed to the Planning Commission members and staff before tonight's. meeting. 1. The November 1, 2006 Parks, Recreation and Natural Resources Committee meeting minutes regarding the Jamesdale Estates final plat, and the Argonne Village Third Addition preliminary and final plat. 2. Revised October 19, 2006 Work Session notes. Mr. Morey stated that the November 16, 2006 Planning Commission meeting will be cancelled due to lack of agenda items. The next regular Planning Commission meeting is scheduled for December 7, 2006. Mr. Morey indicated that staff has scheduled a joint City Council, Planning. Commission, and Economic Development Commission. work session to review the draft Downtown Redevelopment Guide on Monday, November 27. More information will be forthcoming. Planning Commission Meeting November 2, 2006 Page 2 ITEM 5. CONSENT AGENDA 06.130 Motion was made and seconded to recommend to City Council approval of the November 2, 2006 Planning Commission Consent Agenda as follows: Approve the .request of Eric Cram for athree-year extension of a Special Home Occupation Permit to allow the operation of a chiropractic office in a single family home, located at 8871-163rd Street. Approve the request of Shelley Larson for athree-year extension of a Special Home Occupation Permit to allow the operation of a massage therapy use in a single family home, located at 20665 Hartford Way. Approve the application of Tradition Development for the final plat of 12 single. family lots to be known as Jamesdale Estates. Ayes: Pattee, Manikowski, Blee, Swecker, Detjen, Grenz, Drotning. Nays: 0 ITEM 6. KRISTA CLATTERBUCK Chair Swecker opened the public hearing to consider the application of Krista Clatterbuck for a Special Home Occupation Permit to allow a personal training use in a townhome residence, located at 16476 Jarrett Circle. Assistant .City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Krista Clatterbuck presented an overview of her request. Planning Assistant Leif Hanson presented the planning report. Mr. Hanson stated that Krista Clatterbuck submitted a special home occupation permit application for the purpose of operating a personal training business in her townhome residence located at 16476 Jarrett Circle, which is zoned Planned Unit Development (PUD). Mr. Hanson reviewed Ms. Clatterbuck's special home occupation permit application and the home occupation permit requirements of the Zoning Ordinance. He stated that the request meets Zoning Ordinance requirements. Mr. Hanson indicated that Ms. Clatterbuck petitioned the Board of Directors of the Crosswinds Townhouse Association to conduct her personal training use within • Planning Commission Meeting November 2, 2006 Page 3 her townhome. He stated that the Board of Directors unanimously approved her petition. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the special home occupation permit, Planning Department staff recommends approval subject to the 8 stipulations listed in the October 26, 2006 planning report, and approval of the Findings of Fact dated November 2, 2006. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 06.131 Motion was made and seconded to close the public hearing at 6:12 p.m. Ayes: 7 Nays:0 Chair Swecker asked staff if there has been any special home occupation permits approved in townhomes in Lakeville prior to Ms. Clatterbuck's request. Mr. Hanson indicated that previously a photography studio was approved in the Crosswinds townhome development. Chair Swecker. asked if .the Zoning Ordinance restricts the time of operation for special home occupations. Mr. Hanson confirmed that the Zoning Ordinance states that you cannot operate a special home occupation between the hours of 10:00 p.m. and 7:00 a.m. Commissioner Drotning commented that the Planning Commission appreciated that Ms. Clatterbuck had gotten permission from her Townhome Association prior to the Planning Commission meeting. He stressed that the City does not enforce homeowners association covenants. 06.132 Motion was made and seconded to recommend to City Council approval of the Krista Clatterbuck Special Home Occupation Permit to allow a personal training use in her townhome residence, located at 1b476 Jarrett Circle, subject to the 8 stipulations listed in the October 26, 2006 planning report, and approval of the. Findings of Fact dated November 2, 2006. Ayes: Manikowski, Blee, Swecker, Detjen, Grenz, Drotning, Pattee. Nays: 0 Planning Commission Meeting November 2, 2006 Page 4 i ITEM 7. ARGONNE VILLAGE THIRD ADDITION Chair Swecker opened the public hearing to consider the application of Revestors Realty for the following, located .east of Junelle Path and south of 175 Street: A. Preliminary and final plat of one lot and one outlot to be known as Argonne Village Third Addition, and B. Vacation of a public drainage and utility easement. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Tim Anderson from Revestors Realty and Quinn Hutson from CNH Architects presented an overview of their request. Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen stated that the proposed Argonne Village Third Addition development will include a two to three story office building that will include offices for RHS Realty as well. as additional office space for lease. He indicated that access to the development will be from two private drives off Junelle Path. In conjunction with the preliminary and final plat application Mr. Kuennen stated that the developer is also requesting to vacate the existing perimeter drainage and utility easements of the parent parcel that will be replaced with the Argonne Village Third Addition plat. In addition, the applicant is requesting a parking deferment for 37 parking stalls in the northwest corner of the site. Mr. Kuennen stated that the property is currently zoned C-3, General Commercial District and that the proposed office building is a permitted use within the C-3 District. Mr. Kuennen described the proposed building design and height. He indicated that the building will have a mansard gabled roof with dormers along the front, sides and rear of the building. He stated that the lower level of the building is proposed to include heated underground parking and atraining/meeting room usable by the office building tenants. Mr. Kuennen indicated that the Argonne Village Third Addition office building is proposed to be extensively landscaped and exceeds the landscape requirements of the Zoning Ordinance. Mr. Kuennen stated that 179 parking spaces are required for the proposed office building. The developer is proposing 24 underground parking spaces and 157 Planning Commission Meeting November 2, 2006 Page 5 surface parking spaces for a total of 181 parking spaces. He indicated that staff and the applicant had worked together to consider a parking deferment for the. 37 parking stalls in the northwest corner of the site adjacent to the Lynn's Auto Body Repair property. Deferring construction of these 37 parking stalls would provide flexibility in designing and locating a future access .from the Lynri s Auto Body property to Junelle Path if that site redevelops in the future and additional access is needed. Mr. Kuennen indicated that the preliminary plat includes Outlot A that provides an access to the wetland area located to the east of the subject site. He stated that Outlot A will be dedicated to the City with the final plat. Mr. Kuennen stated that should the Planning Commission recommend to the City Council approval of the preliminary and final plat and easement vacation, Planning Department staff recommends approval subject to the 11 stipulations listed in the October 26, 2006 planning report. Chair Swecker opened the hearing to the public for comment. Lynn Peterson (Owner of Lynn's Auto Body) 10716175th Street Mr. Peterson indicated .that he had talked to the Community and Economic Development Director David Olson and expressed his concern about obtaining a shared access easement through the Argonne Village Third Addition plat to their proposed northerly access drive off of Junelle Path in conjunction with the. future re-development of his property. Ron Gerk, 10466175th Street Mr. Gerk owns 17 acres east of the subject property. He indicated that he was disappointed that the developer had not met with the surrounding neighbors to discuss the proposed landscape screening. Mr. Gerk felt that because of the noise that has been created as a result of the Argonne Village development, there needs to be more screening on the east side of the subject property. He cited the clear- cutting of trees with the first phase of the Argonne Village development. Mr. Gerk thought that the proposed 65-75 foot building height was too high for this area. 06.133 Motion was made and seconded to close the public hearing. at 6:40 p.m. Ayes: 7 Nays: 0 Chair Swecker asked staff to address Mr. Peterson's concern. Mr. Kuennen indicated that staff agrees with Mr. Peterson in that the existing Lynri s Auto Body Planning Commission Meeting November 2, 2006 Page 6 access onto 175 Street is not in the ideal location. Assistant City .Engineer Jay Rubash showed an anal view of the subject property and surrounding area.. He identified a possible future second Lynn s Auto Body access through the RHS Realty site. Commissioner Drotning stated that the City had to be sure that the RHS Realty site was not under parked. He stated his support for the cross access agreement. Chair Swecker was concerned: that because the subject property was zoned C-3, General Commercial, that the first floor of the building could become retail. City staff indicated that any change of use of the buildingwould require a re-evaluation of the parking to ensure supply meets demand as required by the proposed parking deferment. Commissioner Blee asked if the underground parking were leased spaces or if they were available to the public and if the Zoning Ordinance addresses underground versus surface parking. Mr. Anderson stated that the majority of the underground stalls are leased. Staff . stated that the Zoning Ordinance doesri t differentiate between leased versus free parking, or underground versus surface parking. Commissioner Grenz felt that if the building were smaller, the developer could provide enough surface parking spaces to meet ordinance requirements. Mr. Morey stated that the developer is not required to provide shared access to the Lynn s Auto Body site; however, it also benefits the City if the existing Lynn s Auto Body driveway access ' is relocated to Junelle Path to meet access spacing requirements. The City and developer are trying to be flexible with regard to the driveway relocation given the unknown future re-development scenario for the Lynri s Auto Body and adjacent properties. Mr. Morey indicated that it is good to provide options and that language regarding the shared access will be included in the development contract. Regarding Mr. Gerk's concern about. the developer not holding a neighborhood meeting, Mr. Kuennen indicated that this is a very standard development proposal. In fact, the .proposed development meets all Zoning Ordinance requirements and would have required only an administrative site plan review if the parent parcel was platted as a lot instead of as an outlot. Mr. Kuennen stated that the site plan and building elevation were included in the public hearing notice that was mailed Planning Commission Meeting November 2, 2006 Page 7 out to the adjacent property owners and the developer and City staff have talked to quite a few of the neighbors on the telephone. Mr. Kuennen explained how the height of the building is determined as defined by the Zoning Ordinance. He indicated that the height of the subject .building, as defined by the Ordinance, is 35 feet. A conditional use permit would be required for. building height in .excess of 35 feet. Mr. Kuennen stated that the building is 47 feet to the top of the highest point. He stated that the proposed building has a mansard (hollow) roof. Mr. Kuennen stated that the landscaping installed with the development of Argonne Village 1St and 2nd Additions is per the approved landscape plan.. He indicated that the landscaping proposed with Argonne Village Third Addition exceeds Zoning Ordinance requirements. Regarding Mr. Gerk's noise and lighting concerns, Mr. Kuennen stated that the area has changed a lot with the development of Argonne Village. He indicated that the Argonne Village property has been zoned commercial since 1969. The developer is proposing decorative lighting that meets Zoning Ordinance requirements. Mr. . Kuennen stated that the proposed RHS Realty building could block some of the noise generated west of the site. Mr. Kuennen indicated that this is an excellent use of the property, given its C-3 District zoning. Other uses in the C-3 District could have been much more intense. Commissioner Drotning stated that the single family property owners adjacent to the east of Argonne Village Third Addition were originally zoned C-3, but they requested and received approval to be zoned RS-2, Single Family Residential District due to problems they were having refinancing their homes. Commissioner Blee asked if there was shared parking throughout the .entire Argonne Village development. Mr. Morey indicated that there is shared parking within the larger Rainbow and adjacent in-line retail parking area, but stressed that shared parking across Junelle Path would not be allowed by ordinance. Depending on how the Lynri s Auto Body site re-develops, there would be the possibility of shared parking with that development. The Planning Commissioners agreed to add the following two stipulations: 12. Snow storage shall not occur within required .parking stalls. Snow shall be trucked off-site, if necessary, to comply with this requirement. . 13. Garbage removal shall occur between 7:00 a.m. to 10:00 pm. only. Planning Commission Meeting November 2, 2006 Page 8 06.134 Motion was made and seconded to recommend to City Council approval of the Argonne Village Third Addition preliminary and final plat of one commercial lot and one outlot and vacation of a public drainage and utility easement, subject to the 11 stipulations listed in the October 26, 2006 planning report, along with the additional two stipulations listed above. Ayes: Blee, Swecker, Detjen, Drotning, Pattee, Manikowski. Nays: Grenz. He is opposed to the shared access and parking with the Lynn s Auto Body property. ITEM 8. SUBDIVISION ORDINANCE AMENDMENT Chair Swecker opened the public hearing to consider an ordinance amending Title 10 of the Lakeville City Code (the Subdivision Ordinance) concerning buildable land. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mr. Morey presented the planning report. He stated that in response to recent legislation that was passed which amended State Statutes pertaining to municipal park dedication requirements, the City Attorney's office has prepared a draft amendment to the Subdivision Ordinance. Mr. Morey stated that the draft amendment establishes a definition of buildable land and incorporates buildable land into the park dedication requirements of the Subdivision Ordinance. Following adoption of the proposed amendment, Mr. Morey indicated that the park dedication requirement will be based upon the buildable land being subdivided, which would exclude wetlands, public waters, major drainageways and major collector or arterial roadways. Mr. Morey stated that Planning Department staff recommends approval of the Subdivision Ordinance amendment as presented. Chair Swecker opened the hearing to the public for comment. There were no commen#s from the audience. 06.135 Motion was made and seconded to close the public hearing at 7:32 p.m. Ayes: 7 Nays:O Commissioner Detjen pointed out a typographical error on page 2 of the proposed • draft amendment which Mr. Morey will correct prior to the document going to City Council. Planning Commission Meeting November 2, 2006 Page 9 Commissioner Blee referred to the Donnelly Farm plat and asked how their park dedication was determined. Mr. Morey stated that the park dedication requirement was met with a land and cash combination. He stated that wetlands are typically located in outlots and deeded to the City with credit to the developer's storm sewer area charge, not park dedication. Commissioner Grenz asked if easements are considered buildable land. Mr. Rubash stated that easements for wetlands, public waters, major drainageways or collector or arterial roadways would not be considered buildable land with the proposed ordinance amendment; Mr. Morey indicated that the language for the proposed amendment was taken from the Zoning Ordinance requirements for determining minimum lof area. 06.136 Motion was made and seconded to recommend to City Council approval of an ordinance amending Title 10 of the Lakeville City Code (the Subdivision Ordinance) concerning buildable land, as presented. Ayes: Swecker, Detjen, Grenz, Drotning, Pattee, Manikowski, Blee. Nays: 0 .There being no further business, the meeting was adjourned at 7:43 p.m. Respectfully submitted, Penny B~ez~i ,Recording S~ , ary ATTEST: Ker Swecker, Chair •