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HomeMy WebLinkAbout02-19-04 CITY OF LAKEVILLE Planning Commission Meeting Minutes FEBRUARY 19, 2004 The February 19, 2004 Planning Commission meeting was called to .order by Chair Stolte in the City Hall Council. Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz, Drotning, ex-officio Arvidson. Absent: None Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Erin Seeman, Associate Planner; Jay Rubash, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Pat Vinje, Recording Secretary. ITEM 3. APPROVAL OF 1VIEETING MINUTES: The February 5, 2004 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. February 1$, 2004 Parks, Recreation and Natural Resources Committee Meeting Motions regarding. Lake Place 4~ Addition final plat and Merchants Bank preliminary and final plat. 2. Letter from Xcel Energy regarding the proposed drainage and utility easement vacation on Lot 2, Block 1, Grenada Business Park (Agenda Item 6). ITEM 5. CONSENT AGENDA 04.13 Motion by Pattee, Second by Reuvers to recommend to City Council approval of the February 19,2004 Planning Commission Consent Agenda as follows: Approve the application of L. A. Donnay for the final plan of 48 attached townhouse units, 14 twinhomes, and 1 detached townhouse to be known as Lake Place 4~ Addition. Ayes: Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz, Drotning. Nays: 0 Planning Commission Meeting February 19, 2004 Page 2 • ITEM 6. TOM LEBEAU Chair Stolte opened. the public hearing to consider the application of Tom LeBeau for the vacation of a boundary drainage. and utility easement, lying over, under, and across Lot 2, Block 1, Grenada Business Park. Assistant City Attorney Poehler attested that the legal notice had been duly .published in accordance with State Statutes and City Code. Mike Peterson, representing Preferred Property Solutions, was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Peterson presented an overview of the easement vacation. Associate Planner Erin Seeman presented the planning report. Ms. Seeman stated that Tom LeBeau, representing. Preferred Property Solutions, LLC, is proposing to construct an approximately 10,1.60. square. foot multi-tenant office/warehouse building on property that was platted as Lot 2, Block 1, Grenada Business Park. Ms. Seemanindicated that in conjunction with this project, Preferred Property Solutions, LLC representatives have submitted an application for the vacation of a i public drainage and utility easement to allow a modification to the existing stormwater treatment basin to accommodate .the proposed site plan. Ms. Seeman stated that the developer is proposing to vacate the existing drainage and utility easement on the east side of Lot 2, Block 1, Grenada Business Park to allow a modification to the stormwatertreatmenthasin that was approved and constructed as part of the final grading plan.. She indicated that a new drainage and utility easement would be dedicated consistent with the site plan layout and stormwater treatment basin modification. Ms. Seeman stated. that Engineering Department staff has reviewed the grading, drainage, and erosion control plan and recommends approval of the easement vacation request. Ms. Seeman referenced the letter received from Xcel Energy, which has an electrical line located within the existing easement. The existing electrical line will not be .impacted by the site development as proposed, however, staff is recommending that the wording contained in the Xcel Energy letter be added as a stipulation of the easement vacation request. Ms. Seeman stated that should the Planning Commission recommend to the City Council approval of the easement vacation, Planning Department staff recommends Planning Commission Meeting February 19, 2004 Page 3 approval subject to the 2 stipulations listed in the February 13, 2004 planning report with an additional stipulation to read as follows: 3. Should any activity, including, but not limited to, grade changes within the existing or proposed vacation area, necessitate relocation of any Xcel Energy electrical facilities currently located therein,.all costs associated with such relocation shall be the sole responsibility of the property owner. Chair Stolte opened the hearing to the public for comment. There were no comments from the audience. 04.14 Motion by Swecker, Second by Drotning to close the public hearing at 6:09. p.m. Ayes: Pattee, Swecker, Stolte, Detjen, Grenz, Drotning, Reuvers." Nays: 0 Chair Stolte asked staff if this application requires a site plan. review. Mr. Morey replied that the Planning Commission is required to make a recommendation only on the easement vacation application. The site plan has been reviewed by staff. as an administrative function of a pending building permit application. Commissioner Drotning questioned: if the existing street. drainage flowed into. the trout stream. Mr. Rubash responded that Grenada Avenue has concrete curb and gutter, with breaks in the curbing to allow sheet flow into the stormwater treatment basin constructed with the Grenada Business Park Plat. Commissioner Grenz asked if additional right-of-way is necessary for County Road. 70. Mr. Rubash stated that adequate right-of-way. for County Road 70 has already been dedicated. 04.15 Motion by Drotning, Second by Grenz to recommend to City Council approval of the vacation of a boundary drainage and utility easement, lying over, under, and across Lot 2, Block 1, Grenada Business Park, subject to then stipulations listed in the February 13, 2004 planning. report, along with the additional stipulation listed above. ` Ayes: Swecker, Stolte, Detjen, Grenz, Drotning, Reuvers, Pattee. Nays. 0 Planning Commission Meeting February 19, 2004 Page 4 ITEM 7. MERCHANTS BANK Chair Stolte opened the public hearing to consider the application of Merchants Bank National Association for the preliminary and final plat of two commercial lots to be known as Merchants Subdivision, and the vacation of a public drainage and utility easement located at the southwest corner of Kenwood Trail (C.R. 50) and 185 Street (C.R. 60). Assistant City Attorney Poehler attested that the legal notices had been duly published in accordance with State Statutes and City Code. Pat.Ferring, President of Merchants Bank National Association was in attendance at tonight's meeting to answer any questions that the. Planning Commission or public may have. Mr. Ferring presented an overview of the project and introduced project engineer Harold Erickson of Yaggy Colby Associates. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that representatives of Merchants Bank National Association have applied for the. vacation of a public drainage and utility easement and the preliminary and final plat of two lots on one block to be known as Merchants Subdivision.. He indicated that the property is zoned O-R, Office/Residential Transition District. Mr. Dempsey stated that the developer is proposing to construct aone-story bank building with a basement on Lot 1: He stated that a conceptual site plan for a future office. building .has been submitted for Lot 2. Mr. Dempsey stated that the preliminary and final plat of Merchants Subdivision .will require the vacation of an existing 20 foot wide public drainage and utility easement that runs in a north-south direction through the parent parcel. He indicated that the existing easement would be vacated and re-established in the .same location on the finalplat. Mr. Dempsey stated that the two lots in Merchants. Subdivision exceed the minimum lot area and width requirements, of the Zoning Ordinance for the O-R District. Mr. Dempsey stated that the preliminary and final plat of Merchants Subdivision. has .frontage and access only onto Joplin Avenue. with a single shared driveway. He indicated that the final plat shows restricted access along Kenwood Trail (CSAH 50} and 185 Street (CSAH 60). Mr. Dempsey indicated that 15 feet of additional road right-of-way will be dedicated for CSAH 50 with the Merchants Subdivision final plat .consistent with the Dakota County Road Plan Review Needs Map. No additional right-of-way is needed for CSAH 60. Mr. Dempsey indicated that the. Dakota County Plat Commission. reviewed the preliminary plat at their February 9, Planning Commission Meeting February 19, 2004 .Page 5 2004 meeting. Their letter dated February 11, 2004 was included in the February 13, 2004 planning report. Mr. Dempsey indicated that the proposed bank building on Lot 1 of Merchants ..Subdivision. would have 51 parking spaces. He stated that Lot 2, which is proposed. to be a future office building would require 81 parking spaces. Eighty-two parking spaces are proposed. The parking spaces for both lots .and all other parking lot driveway and aisle dimensions and setbacks meet the requirements of the Zoning Ordinance. Mr. Dempsey stated that the bank building will be a single story building with a height of 21 feet:. Mr. Dempsey stated that the building exterior of Merchants Bank is proposed to be red. brick with tan foundation and trim stone. Matching .tan colored artificial stucco will be used on the upper levels of the building exterior. 1VIr. Dempsey indicated that the trash enclosure for the bank will be constructed as an integral part of the building and will be constructed of the same exterior material as the bank. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Merchants Subdivision preliminary and final plat and easement vacation, Planning Department staff recommends approval subject to the- 9 stipulations listed in the February 13, 2004 .planning report. Chair Stolte opened the hearing to the public for comment. There were no comments from the audience. 04.16 Motion by Detjen, Second by Pattee to close the public hearing at 6:22 p.m. Ayes: Stolte,: Detjen, Grenz, Drotning, Reuvers, Pattee, Swecker Nays: 0 Chair Stolte stated the parking stalls. on the west side of the plat near the drive-through are awkward. In addition, there is a potential traffic conflict between vehicles exiting the drive-through and vehicles attempting to park. Commissioner Swecker indicated the west parking stalls should be designated for employee parking. Chair Stolte asked Mr. Earring of Merchants Bank. the number of employees expected to be at the bank at any given time. Mr. Ferring responded that 6-10 spaces would be needed for employee parking. He stated that the west parking. stalls could be signed for employee parking. Planning Commission Meeting February 19, 2004 Page 6 .Commissioner Drotning referred to the building floor plan, which identifies 10 office spaces and three drive-up teller windows for a potential of up to 14 employees. Mr. Ferring responded that the bank would not be at full capacity for employees. when the .bank opens. Staff maybe hired to fill the offices in the future. When there are additional employees in the future, staff parking can be accommodated at the south lot. Commissioner Drotning added that he had concerns about the flow of traffic within the site. He noted that there are only six parking stalls in front of'the building, excluding the handicapped parking. The one-way driveway for customers exiting the drive-through conflicts with the two-way parking lot drive aisles. He recommended that more work needs to be done on the plan regarding parking and site circulation. In addition, he felt that Lot 2 shouldbe designated as an outlot until a specific use is proposed for development. Commissioner Drotning stated that if this preliminary and final plat is approved,- " the final site and building plans for Lot 2 will not be reviewed by the Planning Commission.. It would be an administrative site plan review in conjunction with a building permit. If Lot 2 is designated as an outlot, it will require preliminary and final plat approval prior to development and the Planning Commission will_have the opportunity to review the plans to address site access and .grading issues. Commissioner Swecker asked if the boundaries of Lot 1 could be adjusted to improve the site plan and address the Planning Commission's concerns. Mr. Erickson of Yaggy Colby Associates stated that the Lot 1 site plan was designed to accommodate the existing trunk. sanitary sewer and water lines that bisect the subject property. Commissioner Grenz commented that Lot 1 is too small to achieve an adequate customer parking design and on-site circulation. Commissioner Swecker stated. her concern with the vehicles exiting the drive- through conflicting with the southerly parking stalls. Commissioner Pattee stated .that the site .plan for Lot 1 does not adequately address parking and circulation. Commissioner Reuvers stated that he supports the development of Merchants Bank • on Lot 1, but he feels Lot 2 should be designated as an outlot for future development. Planning Commission Meeting February 19, 2004 Page 7 • Commissioner Drotning indicated that a bank may not be the right use for Lot 1 given the parking and: on-site circulation. Ex-officio Arvidson commented he would like to see the exit for the drive-through separated from the rest of the parking lot. Mr. Dempsey suggested that staff work with the developer to address the Planning Commission's concerns and come back with a revised. site plan for Lot L Mr. Farrington commented that traffic generated by a bank is less than other uses and believes it is not an issue. Mr. Morey recommended that the Planning Commission table this agenda item to give staff time to work with the development team to revise the plans to address the Planning. Commission's concerns. Chair Stolte stated that it is the consensus of the Planning Commission that the preliminary and final plat be revised to designate Lot 2 as an outlot for future development. 04.17 Motion by Detjen, Second by Drotning to table the Merchants Subdivision preliminary and final plat and easement vacation. .Ayes:. Detjen, Grenz, Drotning, Reuvers, Pattee, Swecker, Stolte. Nays: 0 ITEM 8. KEVIN BROWN Chair Stolte opened the public hearing to consider the application of Kevin Brown for a Conditional Use Permit to allow the construction of more than one detached accessory building in the RA, Rural/Agricultural District, located at 22000 Laigle Avenue. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Kevin Brown was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Brown informed the Planning Commission that he moved to Lakeville from Rice County in November, 2003. He described how he was unaware that he had to receive approval from the City for the construction of the horse barn because he felt he was an agricultural use and therefore was exempt from City permitting requirements. He stated he believed he fit into the category of farm property but was informed by City staff that the principal. source of income must be from farming and his wife's income exceeded Planning Commission Meeting February 19,.2004 Page 8 the income he received from raising horses. He also stated that he did not complete construction of the horse barn after the City placed a stop work order on the building. Erin Seeman presented the planning report. Ms. Seeman stated that. Kevin Brown has submitted an application for a conditional use permit to allow the construction of more than one detached accessory building on his property. The second detached accessory building is a 512 square foot horse shelter. Ms. Seeman stated. that there is an existing detached accessory building with two attached sheds. Approval of the conditional use permit would result in a total accessory building area of 4,755 square feet, which is within the- allowable accessory building area in the RA District. Ms. Seeman indicated that more than one detached accessory building requires a conditional use permit. Ms. Seeman explained the recent history of Mr. Brown s request to build the horse shelter for the horses he breeds. She indicated that staff explained the need for a conditional use permit because Mr. Brown already had an accessory structure on his .property. She stated that staff indicated to Mr. Brown that .due to the larger lots. . in his neighborhood, a conditional use permit of this nature would be supported by the Planning Department. Ms. Seeman stated that on December 23, 2003, staff noticed that Mr. Brown started construction on the second accessory building. Building Inspections staff. posted a stop work order on the horse shelter on December 23, 2003. Ms. Seeman indicated that on January 15, 2004 she inspected the site and noticed that additional work had been done on the horse shelter, despite the stop work order placed on the property three week before. She stated that a letter was sent by certified mail on January '16, 2004 which stated that a conditional use permit: application, fees, an updated survey. and plans for the structure must be submitted, or a citation would be issued. Ms. Seeman indicated. that Mr. Brown submitted all necessary application fees, ..surveys and building plans on January 23, 2004. Ms. Seeman stated that the 512 square foot accessory horse shelter is three-sided and eight feet inheight. She indicated that it was constructed to the north and east of the existing house and 180 feet. from the existing pole barn. The horse shelter. was constructed of steel panels. Ms. Seeman indicated that the keeping of horses on the property is consistent with the properties along Laigle Avenue. She indicated that the subject property is well screened from Laigle Avenue and the proposed building is screened and setback a significant distance from public right-of-way and adjacent properties. Planning Commission Meeting February 19, 2004 Page 9 Ms. Seeman stated that the subject property is located in the Permanent Rural MUSA area and is not served with City sanitary sewer. She indicated that the existing private sanitary sewer system was installed in 1994 when the house was constructed. It was inspected. on October 29, 2003, and the inspection found that it was failing. Ms. Seeman stated that a letter of credit or cashescrow in the amount of $10,000 would be required prior to City Council consideration of the.condtional use permit to guarantee that the septic system will be brought up to the current code requirements. Ms. Seeman stated that the provisions of the Zoning Ordinance for conditional use permits have been considered and have been satisfactorily met. Ms. Seeman stated that should the. Planning Commission recommend to the City Council approval. of a Conditional Use Permit for Kevin Brown, Planning Department staff recommends approval subject to the 6 stipulations listed in the February 13, 2004 planning report, with the addition of a stipulation to read as follows:. 7. The property owner shall apply for building permits for all accessory buildings on site that have not received prior building permit approval or necessary inspections. Chair Stolte opened the hearing to the public for comment. There were no comments from the audience. 04.18 Motion by Drotning, Second by Detjen to close the public hearing at 7:07 p.m. Ayes: Grenz, Drotning, Reuvers, Pattee, Swecker, Stolte, Detjen. Nays: 0 Chair Stolte asked Mr.-Brown if construction on the horse barn was complete. Mr. Brown replied that the remaining items to be completed included the roof, framing, braces and trim. Chair Stolte asked about the other buildings on the site. Mr. Brown responded that he did not construct the large barn or the two additions to this barn. They were there when he purchased the property. Ms. Seeman added that building permits were obtained for the existing barn in 1994 and an addition to the barn in 2002. Another addition to the barn does not • have a building permit. Staff is recommend that a single building permit be Planning Commission Meeting February 19, 2004 Page 10 applied for by Mr. Brown to include the horse barn and the additions to the large barn. Commissioner Swecker informed Mr. Brown that the permit .process is in place to protect you, the applicant, as well as your neighbors and the residents of Lakeville. ' Mr. Brown confirmed he now understands the City's review process and added he plans to update the septic system as soon as the ground thaws. Chair Stolte stated to Mr. Brown that the City has the right to require thaf structures constructed without building permits be torn down. He cited a recent .example where this occurred. Commissioner Reuvers stated Mr. Brown is fortunate a variance is not needed for the horse barn. Mr. Brown meets the criteria for a conditional use permit provided. he complies with the stipulations listed in the planning report. He added he is in support of the application. Commissioner Detjen questioned staff regarding the percentage of income needed. from farming and whether or not it is considered year by year:. Ms. Seeman replied the farming income is not reviewed unless the applicant requests exemption from the City's Zoning Ordinance requirements. The applicant's income would be reviewed for the year in which the request is made. Commissioner Detjen asked. if the policy was a State or County Ordinance. Assistant City Attorney Poehler responded it is a City Ordinance. Mr. Morey stated that the Zoning Ordinance differentiates between farms, on which. crops andJor livestock are raised as the principal sources of livelihood, and hobby farms. Commissioner Detjen stated many farmers have more than. one job and this definition could be an issue. Chair Stolte recommended that this Zoning Ordinance provision be reviewed by the Planning Commission at a future date. Commissioner Drotning commented he does not care to grant conditional use permits after the work is done. He added he understands Mr. Brown is new to the community and may not have understood the requirements. Commissioner Drotning recited to Mr. Brown the stipulations listed in the planning .report to Planning Commission Meeting February 19, 2004 Page 11 i ensure that Mr. Brown understood the things he would have to comply with if the conditional use permit were approved. Chair Stolte asked for verification of the time frame required for completion. of stipulation. # 6 requiring that the septic system be brought up to current code requirements. Ms. Seeman answered that Mr. Brown's deadline for this stipulation includes the plumbing nspection.to be no later than August 31, 2004. This deadline will be added fo stipulation number 6 as listed in the February 13, .2004 planning report.: Commissioner Drotning reiterated to Mr. Brown that. a conditional use permit can be revoked by the City for violation of the terms of the permit. He also stated that the building cannot be used for a home business, commercial activities, or commercial storage. This warding will be added to stipulation number 4 as listed in the February 13, 2004 planning report. 04.19 Motion by Drotning,. Second by Pattee to recommend to City Council approval of a Conditional Use Permit for Kevin Brown to allow the construction of more than one detached accessory building in the RA, Rural/Agricultural District, ocated at 22000 • Lagle Avenue,. subject to the. 6 stipulations listed in the February 13, 2004 planning report, as amended, along with the additional stipulation listed above, and approval of the Findings. of Fact. dated February 19, 2004. Ayes: Drotning, Reuvers, Pattee,. Swecker, Stolte,. Detjen, Grenz. Nays: 0 ITEM 9. NEW BUSINESS The next meeting of the Planning Commission will be March 4, 2004 and will include the Zoning Ordinance Update Phase 2. There being no further .business, the meeting was adjourned at 7:24 p.m. Respectfully submitted,. ATTEST: Pat Vinje, Rec ding Secretary Lowell Miller Stolte, Chair