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HomeMy WebLinkAbout11-03-05 CITY OF LAKEVILLE Planning Commission Meeting Minutes NOVEMBER 3, 2005 The November 3, 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, Stolte, Swecker, Detjen, Grenz, Drotning. Absent: Ex-officio Arvidson. Staff Present: Daryl Morey, Planning Director; Erin Stwora, 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 October 20, 2005 Planning Commission meeting minutes were approved as presented. The October 20, 2005 Planning Commission work session notes were approved as • presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey indicated. the following item was distributed to the Planning Commission members and staff before tonight's meeting. 1. November 2, 2005 Parks, Recreation and Natural Resources Committee meeting motions regarding the Hoppe Marketplace 2na Addition preliminary and final plat. Mr. Morey reminded the Planning Commission about the work session that will follow immediately after tonight's meeting regarding buffer yard requirements. ITEM 5. CONSENT AGENDA Commission Drotning commented that when a Special Home Occupation Permit is considered by the Planning Commission, it is not up to the Planning Commission or City staff to enforce neighborhood covenants. It is up to the neighbors to keep .the covenants in force. However, that does not happen in most instances .because there is not a viable homeowners association in place to oversee and enforce the • covenants. Planning Commission Meeting November 3, 2005 Page 2 Mr. Morey indicated that most single family developments do not have neighborhood covenants because it is difficult to maintain them. Townhouse developments are required by the Zoning Ordinance to establish a homeowners association. He stated that subdivision monument signs that require maintenance must be owned and maintained by a homeowners association. He indicated that most single family developers are installing maintenance-free subdivision signs so they dori t have to establish a homeowners association. Mr. Morey stated that Spirit of Brandtjen Farm is a good example of a development that will have extensive neighborhood covenants, due to the complexity of the project design. 05.117 Motion by Drotning, Second by Stolte to recommend to City Council. approval of the November 3, 2005 Planning Commission Consent Agenda as follows: Approve the request of Joan Kline for athree-year extension of a Special Home Occupation Permit to operate a hair salon business out of her home, located at 18024 Jay Court. Ayes: Blee, Pattee, Stolte, Swecker, Detjen, Grenz, Drotning. Nays: 0 ITEM 6. SHELLY CARSON Chair Swecker opened the public hearing to consider the application of Shelly Larson for a Special Home Occupation Permit to allow the operation of a massage therapy business in a single family residence, located at 20665 Hartford Way. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Shelly Larson was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Ms. Larson presented an overview of her request. Leif Hanson, Zoning Enforcement/Recycling Coordinator presented the planning report. Mr. Hanson stated that Shelly Larson submitted a special home occupation permit application on October 6, 2005 for the purpose of operating a massage therapy use in her single-family home located at 20665 Hartford Way, which is zoned RS-3, Single Family Residential District. • Mr. Hanson indicated that previously Ms. Larson operated a licensed day-care use at her home but having discontinued the day-care, she is proposing to operate a massage therapy use from her home. Planning Commission Meeting November 3,.2005 Page 3 Mr. Hanson reviewed. Ms. Larson s special home occupation permit application and the home occupation permit requirements of the Zoning Ordinance. Mr. Hanson stated that the Lakeville City Code requires all persons who administer massages to be licensed by the City of Lakeville. He indicated that Ms. Larson. has applied for a massage therapy license and has been approved subject to City Council approval of her special home occupation permit application. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the Shelly Larson Special Home Occupation Permit, Planning Department staff recommends approval subject to the 8 stipulations listed in the October 25, 2005 planning report, and approval of the Findings of Fact dated November 3, 2005. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.118 Motion by Pattee, Second by Detjen to close the public hearing at 6:10 p.m. Ayes: Pattee, Stolte, Swecker, Detjen, Grenz, Drotning, Blee. Nays: 0 Commissioner Drotning commented that as .long as applicants meet the requirements of the. Zoning Ordinance, the City has experienced no problems with special home occupations. The Planning Commission had a short discussion on whether more than one client can be at the home at a time, such as with the photography studio or sewing or yoga class special home occupation permits previously approved by the City. Mr. Morey indicated that with these special home occupations the driveways were large enough to accommodate more vehicles so there would not be any on-street parking, which is incompliance with Zoning Ordinance requirements. 05.119 Motion by Blee, Second by Pattee to recommend to City Council .approval of the Shelly Larson Special Home Occupation Permit to allow the operation of a massage therapy business in a single family residence, located at 20665 Hartford Way, subject to the 8 stipulations listed in the October 25, 2005 planning report, and approval of the Findings of Fact dated November 3, 2005. Ayes: Stolte, Swecker, Detjen, Grenz, Drotning~ Blee, Pattee. Nays:0 Planning Commission Meeting November 3, 2005 Page 4 Item 7. Hoppe Marketplace 2nd Addition Chair Swecker opened the public hearing to consider the application of United Properties Investment, LLC for a preliminary and final plat of 2 commercial lots to be known as Hoppe Marketplace 2nd Addition, located east of Kenwood Trail (C.R. 50) at Jubilee .Way; Development and Final Stage Planned Unit Development; and vacation of public drainage and utility easements. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Commissioner Drotning stated that he will be abstaining from this item discussion and vote to avoid a perceived conflict of interest. Bruce Carlson, Vice President -Retail Development for United Properties, Dan Parks from Westwood Professional Services, Jack Fenton from Second Pointe, LLC, and Eric Malmberg from ReMax Advantage were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Carlson presented an overview of the project. Associate Planner Erin Stwora presented the planning report. Ms. Stwora stated that United Properties Investment, LLC has submitted applications for the preliminary and final plat and development and final stage planned unit development of two lots and one outlot to be known as Hoppe Marketplace 2nd Addition, and the vacation of underlying drainage and utility easements. She indicated that the applicant is proposing to construct a 14,400 square foot two story Remax real estate office building on Lot 1, Block 1, with the possibility of a future sit-down restaurant on Lot 2, Block 1. Ms. Stwora stated that .the Hoppe Marketplace 2nd Addition. preliminary and final plat abuts Kenwood Trail (CSAH 50). She indicated that no new access is permitted or proposed onto CSAH 50. Access to the plat is provided by an extension of the private loop road that connects to the Argonne Village development. Ms. Stwora stated that an amendment to the Hoppe Marketplace development contract was recently approved allowing the developer to install a trunk sanitary sewer .line to replace lift station #17, which is currently at capacity. Because Hoppe Marketplace 2nd Addition would be served by this lift station, she stated that no building permits will be issued for Hoppe Marketplace 2nd Addition until work has begun on the trunk sanitary sewer extension and no new certificates of occupancy will be issued until the trunk sanitary sewer extension is complete. Regarding the easements, Ms. Stwora stated that easements were platted and established over C~utlot B, Hoppe Marketplace. She indicated that the developer is Planning Commission Meeting November 3, 2005 Page 5 • proposing to vacate these underlying easements and rededicate new easements on the Hoppe Marketplace 2nd Addition final plat. Ms. Stwora stated that staff is recommending a cash and land contribution to satisfy the park dedication requirement for Hoppe Marketplace 2nd Addition. She indicated that'the developer will dedicate 99 square feet for the future greenway corridor adjacent to the wetland as a portion of the park dedication requirement. The Parks, Recreation and Natural Resources Committee recommendations from their November 2, 2005 meeting were distributed to the Planning Commission at tonight's meeting. Ms. Stwora explained where a series of sidewalks and crosswalks are required along the west side of the Culver's parking area, through Lot 2, Block 1, Hoppe Marketplace 2nd Addition, and on the west side of the Tires Plus and Oil Xpress parking area. She stated that a sidewalk connection is required in front of Hoppe Marketplace 2nd Addition to connect to the sidewalk along Kenwood Trail (CSAH 50) as required for the Hoppe Marketplace development. Ms. Stwora stated that Lots 1 and 2, Block 1 meet the minimum lot area and lot width requirements of the underlying C-3 District. The Remax real estate office building meets the minimum setback requirements. Ms. Stwora stated that the site plan identifies 52 parking spaces. to serve Lot 1, Block 1. She stated there is an 11 stall deficit, however, with the future development of Lot 2, Block 1, there will be a shared parking agreement and a parking surplus between the two lots. She stated that Tires Plus has a 13 parking stall surplus and Culvers has one parking stall surplus. Ms. Stwora stated that the Remax office building is 28.5 feet in height. There is a tower/cupola feature with no usable space that stands 45 feet in height which is exempt from the building height requirements. Ms. Stwora stated that the proposed landscape materials meet the requirements of the Zoning Ordinance and are consistent with the landscaping within the Argonne Village and Hoppe Marketplace development. Ms. Stwora stated that the proposed lighting and photometric plan indicates that the lighting. plan will meet the requirements of the Zoning Ordinance for foot- . candle lighting intensity at the property line. i Ms. Stwora stated that the Remax building will have an adequately sized outdoor trash enclosure constructed of similar materials as the building and is proposed to Planning Commission Meeting November 3, 2005 Page 6 have a maintenance free front gate. She stated that it will be located near the southwest corner of the building and will be accessed off the main drive aisle. Ms. Stwora stated that should the Planning Commission recommend to the City Council approval of the Hoppe Marketplace 2nd Addition preliminary and final plat, development and final. stage planned unit development; and vacation of public drainage and utility easements, Planning Department staff recommends approval subject to the 12 stipulations listed in the October 28, 2005 planning report, and approval of the Findings of Fact dated November 3, 2005. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.120 Motion by Stolte, Second by Pattee to close the public hearing at 6:30 p.m. Ayes: Swecker, Detjen, Grenz, Blee, Pattee, Stolte. Nays: 0 Abstained: Drotning The Planning Commission, along with staff and Bruce Carlson discussed the height of the .building. Mr. Morey identified the Zoning Ordinance definition of building height. Ms. Stwora commented that the tower/cupola feature has no useable space and stands 45 feet in height which is exempt from the building height requirements. Mr. Carlson added that there is an association in place for the Argonne Village/Hoppe Marketplace development that needs to approve the height of the building prior to building permit. Commissioner Grenz asked why there is not a need for a parking deferment if United Properties is not building all the parking that would be required for the office building on Lot 1. Mr. Carlson interjected that United Properties has now decided to pave and stripe 22 additional parking spaces on Lot 2 and adjacent to the office use so there will be an 11 stall surplus instead. He indicated that they will also be installing extra lighting throughout the new parking area. Mr. Morey stated that a parking deferment would not have been necessary due to the shared parking agreement that is part of this planned unit development. Chair Swecker asked what happens if the Remax building changes use. Ms. Stwora explained that the parking requirement is the same for office and retail. Mr. Carlson added that an asphalt curb would be installed around the undeveloped portion of Lot 2, Block 1 while they market the property so vehicles would .not. drive through this area. Planning Commission Meeting November 3, 2005 Page 7 • Chair Swecker asked about the dumpster area and if there was enough room for a garbage truck to access the dumpster area at this location. Ms. Stwora indicated that the developer has stated -that they will not need a large dumpster and will be utilizing aroll-out trash container(s). The Planning Commission agreed to add a stipulation stating that the garbage must be picked up at off-peak hours. Chair Swecker asked why no landscaping is shown on the plans at the rear of the Remax building parallel to the greenway corridor trail. Mr. Rubash stated that there is a significant grade change down to the wetland so the greenway corridor trail will. not be level with the Remax building and the topography would not support landscaping in that area. The Planning Commission requested that two stipulations be added: 13. Prior to City Council consideration, the plans must be revised to include the construction of 22 additional parking spaces on Lot 2 adjacent to the office use. The additional. parking spaces must be paved and striped. 14. Garbage pick-up must be scheduled during off-peak hours of operation so as to not interfere with on-site circulation. • Mr. Carlson updated the Planning Commission on the new businesses in the Argonne Village/ Hoppe Marketplace development. He also indicated that they are hoping to attract asit-down restaurant for Lot 2, Block 1. 05.121 Motion by Detjen, Second by Blee to recommend to City Council approval of the Hoppe Marketplace 2nd Addition preliminary and final plat, located east of Kenwood Trail. (C.R. 50) at Jubilee Way, Development and Final Stage Planned Unit Development, and vacation of public drainage and utility easements, subject to the 12 stipulations listed in the October 28, 2005 planning report, as amended, and approval of the Findings of Fact dated November 3, 2005. Ayes: Detjen, Grenz, Blee, Pattee, Stolte, Swecker. Nays: 0 Abstained: Drotning Item 8. New Business Commissioner Drotning commented on the Jerry's Yamaha Conditional Use Permit request, which was continued from the August 18, 2005. Planning Commission meeting. He indicated that the building looks "ugly' and that the use of the site by • Mr. Tongen does not comply with Zoning Ordinance requirements. He stated that staff, along with the Zoning Ordinance, is being ignored by the applicant. Planning Commission Meeting November 3, 2005 Page 8 There being no further business, the meeting was adjourned at 6:50 p.m. Respectfully. submitted, Penny B ,Recording Sec tart' ATTEST: e Cam- Ke Swecker, Chair Meeting Notes Planning Commission Work Session Thursday, November 3, 2005 Marion Conference Room The Planning Commission work session commenced at 7:00 p.m. in the Marion Conference Room at City Hall. Commissioners Present: Kerrin Swecker, Joe Blee, Dale Detjen, Karl Drotning, Gerry Grenz, Lowell Miller Stolte, and Steve Pattee. Staff Present: Planning Director Daryl Morey, Assistant City Engineer Jay Rubash, and Daniel Licht of Northwest Associated Consultants. Mr. Morey stated that the purpose of this work session is to discuss the comments received from residential developers at the October 20, 2005 work session and for the Planning Commission to provide direction to staff regarding any recommended changes to the City's buffer yard requirements. Mr. Morey presented pictures of existing buffer yard berms and landscaping in various single family and townhouse developments in the city. In addition, Mr. Licht presented his research on buffer yard requirements in other Twin Cities metro area communities as identified in his November 3, . 2005 memorandum. The Planning Commission directed. staff to review the University of Nebraska study on living walls referenced by D.R. Horton representative Robert Erickson at the October 20, 2005 Planning Commission work session. It was agreed that the examination of whether the existing buffer yard requirements allow adequate usable rear yard area should not include decks or porches added at a later date. In those instances, homeowners are making a choice between maintaining an open rear yard area or constructing a deck or porch addition. The Planning Commission recommended that wording be added to the Zoning Ordinance to clarify where berm height is measured from. The Planning Commission. recommended wording be added to require a certified grading plan for the berms prior to the installation of the .buffer yard landscaping. This will enable staff to verify that the berms were installed according to the approved plans before the landscaping is installed so that if grading corrections are required, they will be more easily completed. The Planning Commission unanimously supported a two tiered hierarchy of buffer yard berming and landscaping requirements -one for major collector streets and one for arterials streets. The Planning Commission unanimously supported increasing the width of lots abutting a major collector or arterial street in all single family zoning districts to better accommodate the existing • buffer yard berming and landscaping requirements. Planning Commission Work Session November 3, 2005 There was majority support for increasing the depth of lots abutting a major collector or arterial street to 170 feet in the RS-3, RS-4, RST-1, and RST-2 districts, consistent with the buffer yard lot depth requirement in the RS-2 district. There was majority support for increasing the RM-1 (and RH-1) buffer yard setback requirement from 50 feet to 70 feet along arterial streets to better accommodate the existing berm and total screening height requirements of 6 and 12 feet, respectively. The Planning Commission directed staff to evaluate the current exception to the berm requirement in cases of steep slopes to determine if a specific street versus lowest floor elevation grade difference should be included in the revisions to the buffer yard requirements. The Planning Commission recommended that the City Council consider updating the Transportation Plan now, rather than waiting for the 2008 Comprehensive Plan Update. The Planning Commission felt that some streets might now be operating at a higher classification, due to the growth that has occurred since the last Transportation Plan Update was completed in conjunction with the 1998 Comprehensive Plan Update. Because the Planning Commission is recommending a two tiered hierarchy of buffer yard requirements, based upon street classification, updating the Transportation Plan now would allow installation of the required buffer yard berming and landscaping in new residential developments consistent with the classification that the street is functioning at. The Planning Commission agreed that another work session should be held to further discuss and refine the proposed revisions to the buffer yard requirements. The work session was adjourned at 9:05 p.m. espectfully submitted, Daryl rey, P n i g Director 2