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HomeMy WebLinkAbout10-06-05 CITY OF LAKEVILLE Planning Commission Meeting Minutes OCTOBER 6, 2005 The October 6, 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: Pattee, Stolte, Swecker, Detjen, Grenz, Drotning, Ex-officio Arvidson. Absent: None Staff Present: Frank Dempsey, 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 22, 2005 Planning Commission meeting minutes were approved as presented. The September 22, 2005 Planning Commission Work Session notes were approved as presented. • ITEM 4. ANNOUNCEMENTS: Mr. Dempsey indicated the following items were distributed to the Planning Commission members and staff before tonight's meeting. 1. October 5, 2005 Parks, Recreation and Natural Resources Committee meeting motions regarding the Argonne Estates Second Addition preliminary and final plat. 2. An e-mail from the Anton's requesting that their CUP request (Agenda Item 6) be continued to a future date. ITEM 5. CONSENT AGENDA 05.107 Motion by Pattee, Second by Drotning to recommend to City Council approval of the October 6, 2005 Planning Commission Consent Agenda as follows: Approve. the application of Rehder and Associates for the final plat of 4 attached townhome units to be known as Stone Borough Third Addition, located east of Dodd Boulevard (C.R. 9) and north of 215 Street (C.R. 70). • Ayes: Pattee, Stolte, Swecker, Detjen, Grenz, Drotning. Nays: 0 Planning Commission Meeting October 6, 2005 Page 2 • ITEM 6. PAUL AND KARIN ANTON Chair Swecker opened the public hearing to consider the application of .Paul and Karin. Anton for a conditional use permit amendment to allow the construction of an addition to a house with anon-conforming setback within the Shoreland Overlay District of Lake Marion, located at 19567 Jersey Avenue. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Chair Swecker stated. that even though the applicant has requested a continuance, she opened the public hearing in case people came to tonight's meeting to comment. There were no comments from the audience. 05.108 Motion by Pattee, Second by Stolte to continue the Anton Conditional Use Permit public hearing to a future date, per the applicant's request. Ayes: Stolte, Swecker, Detjen, Grenz, Drotning, Pattee. • Nays:O Item 7. Muller Family Theatre Chair Swecker opened the public hearing to consider the application of Muller Family Theatre for a conditional use permit to allow a building height of more than 35 feet in the C-3, General Commercial District, located at 20653 Keokuk Avenue. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Dennis Cornelius from Amcon Construction and Dale Haider, Director of Operations for Muller Family Theatres, were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Cornelius presented an overview of the project. Leif Hanson, Zoning Enforcement/ Recycling Coordinator presented the planning report. Mr. Hanson stated that representatives of Muller Family Theatres have submitted plans for the construction of an addition to the north side of the building that will contain a total of 3 screens and 823 seats. He commented that one of the screens included with the proposed addition has a height of 38 feet. Mr. Hanson stated that in order to accommodate the height of the screen, the front (east) section • of the proposed addition would have a building height of 43.5 feet. He indicated that in the C-3 District, building additions with a height of over 35 feet may be permitted through a conditional use permit. Planning Commission Meeting October 6,.2005 Page 3 • Mr. Hanson reviewed the performance standards and criteria in the C-3 Zoning District as it relates to the Muller Family Theatre's conditional use permit application, including parking, building setbacks and proposed height of the building. He indicated that the proposed addition does comply with the Zoning Ordinance requirements. Mr. Hanson stated that in conjunction with the theatre's request for an addition to their building, the City Council recently approved an amendment to the Zoning Ordinance regarding the number of required parking spaces for multiplex theatres that have a minimum capacity of 3,500 seats. He indicated that now the Zoning Ordinance requires multiplex theatres with a minimum audience capacity of 3,500 seats to have 1 parking space per 3.4 seats. Mr. Hanson stated that currently the theatre has 9 more spaces than what is required by the Zoning Ordinance amendment. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the Muller Family Theatre conditional use permit, Planning Department staff recommends approval subject to the 6 stipulations listed in the September 28, 2005 planning report, and approval of the Findings of Fact dated • October 6, 2005. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.109 Motion by Detjen, Second by Pattee to close the public hearing at 6:10 p.m. Ayes: Detjen, Grenz, Drotning, Pattee, Stolte, Swecker. Nays: 0 Commissioner Grenz asked how wide the proposed 38 foot tall screen would be. Mr. Haider indicated that it would 80 feet wide. He stated that they may call it the "Muller Monster Screen," and it will have two digital sound systems. Mr. Haider stated that competition is what is driving the bigger screens. Chair Swecker asked that because of the increased seating capacity, is there a need to increase the number of handicapped parking spaces. Assistant City Engineer Jay Rubash stated that the number of handicapped parking spaces is based on the number of parking stalls, not the size of the building. 05.110 Motion by Drotning, Second by Detjen to recommend to City Council approval of • the Muller Family Theatre Conditional Use Permit to allow a building height of more than 35 feet in the C-3, General Commercial District, located at 20653 Keokuk Planning Commission Meeting October 6, 2005 Page 4 • Avenue, subject to the 6 stipulations listed in the September 28, 2005 planning report, and approval of the Findings of Fact dated October 6, 2005. Ayes: Grenz, Drotning, Pattee, Stolte, Swecker, Detjen. Nays: 0 Item 8. Argonne Estates Second Addition Chair Swecker opened the public hearing to consider the application of D. R. Horton, Inc. for a preliminary and final plat of three single-family lots to be known as Argonne Estates Second Addition, located north of 173rd Street, east of Kenrick Avenue, west of Jonquil Avenue and south of Joplin Avenue and Jordan Court and a rezoning from RM-1, Medium Density Residential District to RS-3, Single Family Residential District. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Jerry Slobodnik and Ron Mullenbach, both from D. R. Horton, Inc., were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Slobodnik presented an overview of the project. Associate Planner Frank. Dempsey presented the planning report. Mr. Dempsey stated that D. R. Horton, Inc. representatives have submitted applications for a rezoning of property from RM-1, Medium Density Residential District to RS-3, Single Family Residential District and a preliminary and final plat of 3single-family residential lots to be known as Argonne Estates Second Addition. He indicated that the three single family lots were part of a ghost plat submitted with the Argonne Estates preliminary plat. Mr. Dempsey stated that Planning Department staff supports a rezoning of .the subject property to more accurately reflect the proposed single-family use of the property. Mr. Dempsey indicated that the three lots meet the minimum lot area and lot width, and building setback requirements of the Zoning Ordinance. He indicated that the Argonne Estates Second Addition preliminary and final plat abuts Joplin Avenue and no additional right-of-way is required. The required right-of-way for Joplin Avenue was dedicated with the Argonne Estates final plat. Mr. Dempsey stated that the subject property has 15 significant trees consisting • mostly of oak, elm and cottonwood trees. He indicated that the plan proposes to .save 4 of these trees, mostly oaks. An additional tree will be a custom save tree. Planning Commission Meeting October 6, 2005 Page 5 Mr. Dempsey stated that the final plat of Argonne Estates Second Addition is subject to a park. dedication fee for the three lots which was reviewed at the Parks, Recreation and Natural Resources Committee meeting held October 5, 2005. Their recommendation has been distributed to the Planning Commission at tonight's meeting. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Argonne Estates Second Addition preliminary and final plat and rezoning, Planning Department staff recommends approval subject to the 3 stipulations listed in the September 30, 2005 planning report, and approval of the Findings of Fact for rezoning of the property dated October 6, 2005. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.111 Motion by Pattee, Second by Stolte to close the public hearing at 6:20 p.m. Ayes: Drotning, Pattee, Stolte, Swecker, Detjen, Grenz. Nays: 0 Commissioner Grenz asked if the Argonne Estates Second Addition preliminary and final plat is consistent with the ghost plat shown on the Argonne Estates preliminary plat. Mr. Dempsey confirmed that it is consistent. Commissioner Drotning commented that the remainder of the Kuka property, which includes an existing single family home, is not large enough to be developed into a large scale residential development. 05.112 Motion by Stolte, Second by Pattee to recommend to City Council approval of the Argonne Estates Second Addition preliminary and final plat, located north of 173rd Street, east of Kenrick Avenue, west of Jonquil Avenue and south of Joplin Avenue and Jordan Court and a rezoning from RM-1, Medium Density Residential District to RS-3, Single Family Residential District, subject to the 3 stipulations listed in the September 30, 2005 planning report, and approval of the Findings of Fact dated October 6, 2005. .Ayes: Pattee, Stolte, Swecker, Detjen, Grenz, Drotning. Nays: 0 Planning Commission Meeting October 6, 2005 Page 6 Item 9. New Business Commissioner Drotning thanked Commissioner Grenz for his help during the tremendous rainfall this week. He asked Mr. Rubash to summarize the problem areas during the storm. Commissioner Grenz thanked Ole Piper Inn and it's manager for staying open late during the storm to provide residents with food and shelter. There being no further business, the meeting was adjourned at 6:32 p.m. Respectfully submitted, Penny Br 'g, Recording S tary ATTEST: Kerrin Swecker, Chair