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HomeMy WebLinkAbout09-22-05 CITY OF LAKEVILLE Planning Commission Meeting Minutes SEPTEMBER 22, 2005 The. September 22, 2005 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: Blee, Pattee, Swecker, Detjen, Grenz, Drotning, Ex-Officio Arvidson. Absent: Stolte. Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Erin Seeman, Associate Planner; Leif Hanson, Zoning Enforcement/Recycling Coordinator; Jay Rubash, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The September 8, 2005 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. September 21, 2005 Parks, Recreation and Natural Resources Committee meeting motions regarding the Sunrise Village preliminary and final plat. 2. An addendum to the Spangler's conditional use permit application, clarifying their intentions on the finishes of the detached accessory building. 3. Copy of Paul Reuvers' resignation letter from the Planning Commission, effective immediately. Chair Swecker asked Mr. Morey to summarize the Spangler handout. Mr. Morey indicated that it explained the intentions of the Spangler's to modify the external finishes of the detached accessory building to be the same material as those on the planned structure, removing the left and center garage doors of the existing detached accessory building, and paving the driveway to the remaining garage door. Mr. Morey and Chair Swecker expressed their appreciation for Commissioner • Reuvers' service on the Planning Commission. Planning Commission Meeting September 22, 2005 Page 2 ITEM 5. MICHAEL AND BEVERLY SPANGLER Chair Swecker opened the public hearing to consider the application of Michael and Beverly Spangler for a conditional use permit to allow a total accessory building floor area grater than 1,500 square feet in the RS-2, Single Family Residential District, located at 18664 Kenwood Trail. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Michael and Beverly Spangler were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Spangler presented an overview of the project. Zoning Enforcement/ Recycling Coordinator Leif Hanson presented the planning report. Mr. Hanson stated that the Spangler's are requesting approval of a conditional use permit to allow them to construct an attached garage to their existing home that, when combined with the floor area of their existing detached accessory building, would exceed .the maximum of 1,500 square feet of accessory building area that is allowed in the RS-2 District. He indicated the size of the proposed attached garage and the existing accessory building on the property would be 1,639 square feet. Mr. Hanson indicated that the Spangler's are proposing to construct the proposed garage for the purpose of storing motor vehicles and miscellaneous household items. A foyer and mudroom will also be added to the house in conjunction with the proposed garage. Mr. Hanson explained that the Spangler's property is 84,813 square feet in size (1.95 acres) with the total proposed accessory building floor area of 1,639 square feet, which represents less than 2 percent of the area of the Spangler's property. He stated that the 1,500 square foot maximum accessory building area on a standard 15,000 square foot lot represents 10 percent of the lot area. Mr. Hanson indicated that a stipulation of the conditional use permit is that if the Spangler's property was ever subdivided, the resulting lot .area of the parent parcel must be at least 16,390 square feet or the existing accessory building must be removed. Mr. Hanson described the exterior materials of the existing building and the proposed garage. He indicated that the exterior building materials of the proposed garage must be the same color and texture as the exterior building materials used with the principal building. Planning Commission Meeting September 22, 2005 Page 3 Mr. Hanson stated that the left hand side and middle oversized doors of the existing detached accessory building will be removed, per the Spangler's addendum, and a paved driveway access to the accessory building must be provided. He proposed that Stipulation #4 in the planning report be revised to state that "A paved driveway access must be provided to the existing detached accessory building and two of the oversized doors must be removed from the detached accessory building. An escrow of $1,650 must be submitted to guarantee that the driveway and detached accessory building improvements are completed by July 1, 2006." Mr. Hanson stated that the existing house and proposed garage are well within the setback requirements for the RS-2 District. Mr. Hanson indicated that there are a number of large .deciduous trees on the property that provide screening from adjacent properties. He indicated -that the Spangler's estimate that no more than 4 trees will need to be removed to accommodate the construction of the proposed garage and when the construction is complete, they are planning to install new trees around the house to replace the trees that were removed. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the Spangler conditional use permit, Planning Department staff recommends approval, subject to the 5 stipulations listed in the September 15, 2005 planning report, and approval of the Findings of Fact dated September 22, 2005. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.101 Motion by Pattee, Second by Drotning to close the public hearing at 6:10 p.m. Ayes: Blee, Pattee, Swecker, Detjen, Grenz, Drotning. Nays: 0 Commissioner Drotning appreciated that the applicant embraced the requirements of the Zoning Ordinance. The Planning Commissioners agreed with the revised Stipulation #4. 05.102 Motion by Drotning, Second by Blee to recommend to City Council approval of the Spangler conditional use permit to allow a total accessory building floor area • greater than 1,500 square feet in the RS-2, Single Family Residential District, located Planning Commission Meeting September 22, 2005 Page 4 at 18664 Kenwood Trail, subject to the 5 stipulations listed in the September 15, 2005 planning report, as amended, and approval of the Findings of Fact dated September 22, 2005. Ayes: Pattee, Swecker, Detjen, Grenz, Drotning, Blee. Nays: 0 ITEM 6. SUNRISE VILLAGE Chair Swecker opened the public hearing to consider the application of R. L. Janssen, Inc. for a preliminary and final plat of 16 townhome units to be known as Sunrise Village, located in the southwest quadrant of Flagstaff Avenue and 160 Street (CSAH 46). Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Richard Janssen from R. L. Janssen, Inc. and Tim Hanson from James R. Hill were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Janssen presented an overview of the project. Associate Planner Erin Seeman presented the planning report. Ms. Seeman stated that representatives of R.L. Janssen, Inc. have submitted an application for the preliminary and final plat for 16 townhome units and one common area lot. to be named Sunrise Village. She indicated that the subject property is zoned RM-1, Medium Density Residential District. Ms. Seeman stated that Sunrise Village will be developed in one phase and proposes no outlots. She indicated that the Sunrise Village preliminary and final plat is adjacent to 160 Street (CSAH 46) and Flagstaff Avenue. Ms. Seeman stated that a 100-foot south 1h right-of-way will be provided for 160 Street and a 50-foot wide west lh right-of-way with a 10-foot wide trail easement will be provided for Flagstaff Avenue. Also, she indicated that private drives A, B and C will be constructed with this development as shown on the preliminary plat. Ms. Seeman stated that a complete tree inventory and preservation plan has been submitted by the developer. There are 34 significant trees and the plan proposes to save 50% (1~ of them. Ms. Seeman stated that staff is recommending a cash contribution to satisfy the park dedication requirements for Sunrise Village. She indicated that the Parks, Recreation and Natural Resources Committee recommendation from their • Planning Commission Meeting September 22, 2005 Page 5 • September 21, 2005 meeting has been distributed to the Planning Commission at tonight's meeting. Ms. Seeman reviewed the 16 proposed row-style townhomes within the Sunrise Village preliminary and final plat based on the performance standards of the RM-1 District. Ms. Seeman indicated that the developer is proposing to construct one building style with two different floor plans for the Sunrise Village development. She stated that all of the proposed townhome building lots meet Zoning Ordinance requirements. However, she stated that the building floor plans must be revised to meet the 440 square foot requirement for garages. Ms. Seeman stated that building elevations and floor plans have been submitted by the developer. The exterior building material calculations have been verified and are in compliance with Zoning Ordinance requirements. Ms. Seeman stated that a preliminary landscape plan has been submitted by the developer. The buffer yard berming and landscaping is adequate to block • headlight glare from the private drive along 160 Street (CSAH 46) and to existing properties in Niakwa Village. She indicated that the landscape plan must be revised prior to City Council consideration of the preliminary and final plat to show 2" caliper red splendor and spring snow crabapple trees, and a juniper shrub species consistent with the Corridor and Gateway Design Study. Also, she indicated that the developer must submit project and landscape value figures showing compliance with the Zoning Ordinance prior to City Council consideration of the preliminary and final plat. Regarding the 2 exhibits handed out at tonight's meeting, Ms. Seeman indicated that Exhibit 1 shows a revision to the .guest parking location and Exhibit 2 shows the required greenspace. Ms. Seeman stated that should the Planning Commission recommend to the City Council approval of the Sunrise Village preliminary and final plat, Planning Department staff recommends approval subject to the 12 stipulations listed in the September 16, 2005 planning report. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. • Planning Commission Meeting September 22, 2005 Page 6 • 05.103 Motion by Drotning, Second by Pattee to close the public hearing at 6:22 p.m. Ayes: Swecker, Detjen, Grenz, Drotning, Blee, Pattee. Nays: 0 There was a discussion regarding the width of the private drives. Chair Swecker asked if there could be no parking signs posted on the private drives. City staff indicated that signs can be posted, but they are not enforceable by the City because they are not City streets. As such, the Homeowners Association would have to enforce any no parking requirement. Mr. Morey stated that no parking on the private drives could be incorporated into the Homeowners Association documents, but suggested that no parking be posted only on one side because adequate width would remain for vehicle movements. Commissioner Grenz was concerned about getting a fire truck down the private drives with cars parked on them. He also commented on the long dead-end private drive. Mr. Morey indicated that this site has significant constraints because of its location at the intersection of CSAH 46 (minor arterial) and Flagstaff Avenue (major collector). There is no access allowed by Dakota County onto CSAH 46 for this property and the access to Flagstaff Avenue must be located as far south, away from the intersection, as possible. Chair Swecker confirmed that there would be full access on Flagstaff Avenue. The Planning Commission is recommending the addition of the following two stipulations: 13. No parking signs must be installed on one side of each of the private drives. The homeowner's association documents must include this stipulation. 14. Prior to City Council consideration of the preliminary and final plat, the plans must be revised so that the width of Private Drive A is increased to 28 feet from Flagstaff Avenue to its intersection with Private Drives B and C. 05.104 Motion by Blee, Second by Detjen to recommend to City Council approval of the Sunrise Village preliminary and final plat of 16 townhome units, located in the southwest quadrant of Flagstaff Avenue and 160 Street (CSAH 46), subject to the 12 stipulations listed in the September 16, 2005 planning report, along with the addition of Stipulations 13 and 14. Ayes: Swecker, Detjen, Grenz, Drotning, Blee, Pattee. • Nays:O Planning Commission Meeting September 22, 2005 Page 7 ITEM 7. LEO'S SOUTH Chair Swecker opened the public hearing to consider the application of Gerald and Diane Bedeaux for a Conditional Use Permit amendment to allow accessory open and. outdoor storage in the C-3, General Commercial District for Leo's South, located at 16375 Kenrick Avenue. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Wayne Bedeaux along with Lonnie Anderson and. Jack Matasosky from APPRO Development were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Anderson presented an overview of the project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey reviewed the history of the subject property, .including the preliminary and final plat and original conditional use permit approved in 1994 to allow the initial building construction and outdoor display, and preliminary and final plat and conditional use permit amendment in 1999 to allow a building expansion. Mr. Dempsey stated that the applicants are requesting approval of a conditional use permit amendment to allow them to designate ten existing parking spaces on the northwest side of the property for open and outdoor storage. He indicated that if the City Council approves the conditional use permit amendment, Planning Department staff will administratively approve a parking deferment for the ten parking spaces at the rear of the building to allow Leo's South to use the ten deferred parking spaces as a designated outdoor storage area. Mr. Dempsey reviewed the complaints received regarding outdoor storage on the Leo's South property and summarized the court proceedings that recently followed. Mr. Dempsey indicated that the existing landscaping installed with the 1994 and 1999 construction and expansion projects will remain. He stated that the landscaping will be enhanced to screen the designated outdoor storage area from Kenrick Loop. The landscaping must be .installed no later than October 15, 2005. Mr. Dempsey reviewed the non-conformities of the subject property, which are listed in the September 16, 2005 planning report. • Planning Commission Meeting September 22, 2005 Page 8 <`v Mr. Dempsey reviewed the stipulations that must be met in order to meet the Zoning Ordinance requirements for open or outdoor storage as a principal or accessory use in the C-3 District. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Leo's South Conditional Use Permit amendment, Planning Department staff recommends approval subject to the 7 stipulations listed in the September 16, 2005 planning report, and approval of the Findings of Fact dated September 22, 2005. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.105 Motion by Blee, Second by Pattee to close the public hearing at 6:50 p.m. Ayes: Detjen, Grenz, Drotning, Blee, Pattee, Swecker. Nays: 0 Commissioner Blee commented that outdoor storage needs to be clearly defined. • He questioned how long a recreational vehicle awaiting service should be allowed to be stored outdoors. Mr. Bedeaux stated that all the recreational vehicles at the rear of the lot are there to be repaired and they are brought inside every night. Only boats are kept outside and some of them are there for display. Mr. Bedeaux stated that Leo's South is phasing out of the boat sales and service business. Mr. Dempsey stated that the only approved location for outdoor display is at the front raised aprons of the building. Commissioner Drotning stated that when a conditional use permit is requested, existing non-conformities must be eliminated, where possible. He stated that the unscreened trash receptacle, the driveway encroachment into public right-of-way, and the bollard fence and gate must be brought into conformance with current requirements. Mr. Anderson stated that the existing unscreened trash container would be kept in the same location but the existing enclosure will be modified to open at the north end and to be large enough to store the unscreened trash container. Commissioner Drotning stated that the as-built plan submitted with this • conditional use permit amendment request identifies the existing driveway on the Planning Commission Meeting September 22, 2005 Page 9 east side of the site encroaching into the Kenrick Loop right-of-way. He indicated that this is not consistent with the site plan approved with the 1999 conditional use permit amendment. The portion of the driveway encroaching into the right-of- way must be removed. Staff suggested a time limit of one week for outdoor storage of recreational vehicles awaiting repair. The Commissioners agreed with the one week time frame. Ex-officio Arvidson felt that outdoor storage of recreational vehicles should be location driven rather than time driven. Commissioner Drotning felt that the time limit is an enforcement "tool," which is appropriate given the past outdoor storage enforcement history with this business use. Commissioner Blee stated that he noticed a fork lift was unloading product for Leo's South from a truck in the public street that afternoon. Mr. Morey informed Mr. Bedeaux that loading and unloading must take place only • on the property. Mr. Morey stated that unloading from the street will not be tolerated and the police will be called to issue a citation if it happens again. He indicated that a conditional use permit can be revoked by the City if the requirements of the conditional use permit are not met. There was a discussion on the telephone pole bollard fence and gate on the north side of the site. The Planning Commission felt the design must be consistent with the Corridor and Gateway Design Study because the site abuts CSAH 46 and it must not be located within public street right-of-way. Mr. Matasosky thought that the .Leo's South building was constructed prior to Kenrick Loop being built, which resulted in the non-compliant parking lot setbacks. He indicated that they will be requesting a conditional use permit amendment in the near future for a building addition and site design changes. Mr. Dempsey suggested the following amendment to Stipulation 2 and the addition of three stipulations to read as follows: 2. Outdoor storage shall be permitted only for customer recreational vehicles awaiting service or customer pick-up. Interim service related parkin~of individual customer recreational vehicles shall not exceed seven days. Planning Commission Meeting September 22, 2005 Page 10 8. Loading and unloading shall take place on-site in compliance with Chapter 20 of the Zoning Ordinance and not within public right-of-way. 9. The existing driveway encroachment into the Kenrick Loop right-of-way on the east side of the site shall be removed to be consistent with the plans approved by the City Council on April 19, 1999 no later than November 30, 2005 and the developer shall submit a $4,000.00 security to guarantee the removal of the driveway encroachment. 10. The telephone pole bollard fence and gate on the north and east sides of the site shall be replaced with materials meeting Corridor and Gateway Design Study and Zoning Ordinance requirements. 05.106 Motion by Detjen, Second by Pattee to recommend to City Council approval of the Leo's South Conditional Use Permit amendment to allow accessory open and outdoor storage in the C-3, General Commercial District, subject to the 7 stipulations listed in the September 16, 2005 planning report, as amended, along with the additional three stipulations listed above, and approval of the Findings of Fact dated September 22, 2005. Ayes: Grenz, Drotning, Blee, Pattee, Swecker, Detjen. Nays:0 There being no further business, the meeting was adjourned at 8:00 p.m. Respectfully submitted, Penny B evi ,Recording Secre~ ATTEST: Ke 'n Swecker, Chair Meeting Notes Planning Commission. UVork Session Thursday, September 22, 2005 Marion Conference Room The Planning Commission work session commenced at 8:15 p.m. in the Marion Conference Room at City Hall. Commissioners Present: Kerrin Swecker, Joe [31ee, Dale Detjen, Karl Drotning, Gerry Grenz, Steve Pattee, and ex-officio Jahn Arvidson. Staff Presenfi: Planning Director Daryl Morey, Assistant City Engineer Jay Rubash, and Daniel Licht of Northwest Associated Consultants: Mr. Morey indicated thaf the improvement of residential neighborhood noise. standards is a goal of the City Council's. 2005 strategic plan. He stated that the. Planning Department is proposing a review and passible enhancement of the current buffer yard: s#andards as a way to meet that goal Mr. Licht presented. the staff analysis of the current buffer yard requirements and recommended modifications listed in his September 16, 2005. memorandum...He stated that the. horizontal dimension of the required buffer yard berm has a major impact on the utilization of the area within side and rear yards of single familyJots, including the area atong the side or rear of the house to i achieve positive drainage away from the structure. Staff is recommending that separate lot width/depth and setback requirements be created for major collector'and arterial streets given. their different berm. height requirement: of four feet for major collector streets and six feet for arterial streets. In addition, staff is recommending increased lot width/depth and setback. requirements for most residential zoning districts to accommodate the required berms and also maintain :appropriate storm water drainage away from the houses as well as usable side. and rear yard area. The Planning Commission expressed support forthe proposed modifications to the buffer yard requirements. The Planning: Commission noted that developers generally do not design their developments to accommodate the. required berms and also maintain appropriate storm water drainage away from the house as well as usable side and rear yard area. As such, they felt that the proposed changes to the requirements are appropriate. The Planning Commission recommended that a work session be held to obtain feedback from residential developers regarding the proposed changes to the buffer yards. requirements. A follow-up work session with Planning Department staff may also be necessary in order for the Planning Commission to discuss the developer's feedback in more detail The work session was adjourned at 9:15 p.m. R pec Ily u miffed, • ryl M re , Plan m Director Y