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HomeMy WebLinkAbout11-04-04 CITY OF LAKEVILLE Planning Commission Meeting Minutes NovEMBER 4, 2004 The November 4, 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, Blee, Ex-officio Arvidson. Absent: Drotning. Staff Present: Frank Dempsey, Associate Planner; Allyn Kuennen, Associate Planner; Jay Rubash, Assistant City Engineer; Andrea Poehler, City Attorney; and Penny Brevig, .Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The October 21, 2004 Planning Commission meeting minutes were approved as presented. The .October ` 21, 2004 Planning Commission work session notes were approved as presented. ITEM 4. ANNOUNCEMENTS: Associate Planner Frank Dem se indicated the followin items were distributed to p Y g the Planning Commission members and staff before tonight's meeting:... 1. November 3, 2004. Parks, Recreation and Natural Resources. Committee Meeting. Motions regarding the Zweber Farm Tenth Addition preliminary and final plat. ITEM 5. CURTIS SAVSTROM Chair Stolte opened the public hearing to consider the application of Curtis Savstrom 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 9926 - 199 Street. Assistant City Attorney Poehler attested that the. legal. notice had been duly published in accordance with State Statutes and City Code. Curtis and Nancy Savstrom were in attendance at tonight's meeting to answer any questions that the Planning -Commission or public may have. Mr. Savstrom presented an overview of the project. He stated that his neighbors, Thomas and Patricia. Rasmussen, had concerns about the existing oak tree located on the property line .west o£ the proposed building addition. Mr. Savstrom indicated that he understood their concern and would do everything possible to protect the tree. Planning Commission Meeting November 4, 2004 Page 2 Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Curtis Savstrom is proposing. to construct an addition onto the. rear of his existing .house and to reconstruct the roof of the house, which is currently a gable roof with the .gable ends facing east and west. He indicated that the new gable roof will have gable ends facing north and south. Mr. Dempsey stated that the proposed new addition will meet the required 10-foot side yard setback, with the exception of the two small triangular areas that will be filled in when the new gable ends are constructed. He indicated that the areas above the old gable ends will be constructed at the existing 9.3-foot setback to the west property line. Mr. Dempsey stated that the addition will meet the 75-foot setback to the Lake Marion Ordinary High Water Level. Mr. Dempsey stated that the addition will replace the existing deck on the south side of the house. He indicated that a new paver-brick patio will be constructed outside the lower level walkout. The site will meet the maximum 25% impervious surface area. Shoreland Overlay District requirement following the proposed construction. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Conditional Use Permit Amendment, Planning Department staff recommends approval subject to the 4 stipulations listed in the October 29, 2004 planning report, and approval of the Findings of Fact dated November 4, 2004. Chair :Stolte opened the hearing to the public for comment. Patricia Rasmussen, 9930199tH Way Ms. Rasmussen s concerns/questions were: Would like a stipulation added that an inspector be on site to be sure the oak tree is protected during excavation. ? Thought any addition had to stay Within the original footprint of the house. ? Run off from the new drip line of the house may affect her property. ? Whose liability is the oak tree if it dies? 04.130 Motion by Detjen, Second by Swecker to close the public hearing at 6:15 p.m. Ayes: Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz, Blee. Nays: 0 Chair. Stolte explained the process for adding onto non-conforming structures and the building setback requirements.: Planning Conunission Meeting November 4, 2004 Page 3 • Mr. Dempsey indicated that based on the proposed survey, the roof will not shift water onto the neighboring property. Mr. Savstrom stated that he will be putting gutters on that side of the house. Mr. Dempsey recommended the following stipulation be added to address the concern regarding the oak tree: 5. The property owner and contractor shall take measures to minimize impact to .the existing oak ..tree on the property line west of the= proposed building addition. The property owner or contractor shall contact the City's .Environmental Resources Coordinator prior to beginning excavation for the house addition so that the Environmental Resources Coordinator can oversee excavation and tree preservation measures. The: property owner. and contractor shall° follow the tree preservation .measures recommended by the Environmental Resources Coordinator. 04.131 Motion by Swecker, Second by Blee to recommend to City Council approval of 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 9926 - 199 Street, subject to the 4 stipulations listed in the October 29, 2004 planning report, along with the addition of Stipulation 5, .and approval of the Findings of Fact dated November 4, 2004. Ayes:.. Pattee, Swecker, Stolte, Detjen, Grenz, Blee, Reuvers. Nays: 0 ITEM 6. MOTOPRIMO MOTORSPORTS, LLC Chair Stolte opened the public hearing to consider the application. of Motoprimo Motorsports for a Conditional Use Permit to allow outdoor display for Motoprimo, located at 16640 Kenrick Avenue. Assistant City. Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Garry Kieves of Motoprimo Motorsports and Greg Dalbec from Ryan Companies were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Kieves and Mr. Dalbec presented an overview of the project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Motoprimo Motorsports, LLC has applied for a conditional use permit Planning Commission Meeting November 4, 2004 Page 4 to allow outdoor sales. and display area at the front of their proposed building to be constructed in the northeast corner of 167 Street and Kenrick Avenue. Mr. Dempsey stated that the total proposed area.. for outdoor sales and :display meets the requirements of the Zoning Ordinance and will not be visible from the adjacent residential neighborhood. He indicated that the outdoor sales and display area will be paved with concrete and. will not take up space required for parking. Mr. Dempsey indicated that the City Council, at the time of preliminary and final plat approval, had some concern regarding the grass area .where the .future expansion is proposed, and wanted to restrict motorized. vehicles from parking or test-driving in thaf area. Mr. Dempsey recommended the following stipulation be added... 5. Test-driving or parking of motorized recreation vehicles or. automobiles shall not be permitted on the grass area identified for future building .expansion. Mr. Dempsey stated that should the Planning Commission recommend to the City Council.. approval of the Conditional Use .Permit, Planning Department. staff recommends approval subject to the 4 stipulations listed in the October 29, 2004 planning. report,. along with the addition of Stipulation 5, and approval of the Findings of Fact dated October 21, 2004. Chair Stolte opened the hearing to the public for comment. There were rco comments from the audience. 04.132 Motion by Pattee, Second by Reuvers to close the public hearing at 6:25 p.m. Ayes: Swecker, Stolte, Detjen, Grenz, Blee, Reuvers, Pattee. Nays: 0 The Planning Commission and the applicant agreed with the addition of Stipulation 5. 04.133 Motion by Detjen, .Second by Pattee to recommend to City Council approval of a Conditional Use Permit to allow outdoor display for Motoprimo, located at 16640 Kenrick .Avenue, subject to the 4 stipulations listed in the October 29, 2004 planning. report, .along with-the addition of Stipulation 5, and approval of the Findings of Fact dated November 4, 2004. Ayes: Stolte, Detjen, Grenz,. Blee, Reuvers, Pattee, Swecker.: Nays: 0 Planning Commission Meeting November 4, 2004 Page 5 ITEM 7. ZWEBER FARM TENTH ADDITION Chair Stolte opened the public hearing to consider the application of D. R. Horton, Inc. for a Preliminary and Final Plat of two (2) single-family lots to be known as Zweber Farm Tenth Addition, located west of Highview. Avenue and north of Hollybrook Trail. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mike Suel of D. R. Horton Homes was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Suel presented an overview of the :project. He indicated that he agrees with- everything in the planning report except Stipulation number 3, letter c, which states,. "Increase the berm: to be a minimum of 4 feet in height." Mr. Suel stated that b. R Horton Homes will be happy to install more landscaping adjacent to Highview Avenue, but they don't want to remove the existing trees to install a berm. Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen stated that D. R. Horton has submitted a preliminary and final plat application for the development of Zweber. Farm .Tenth Addition, which. is zoned. RS-2, Single Family Residential District and includes two single-family lots. He indicated that access to both lots will be from 176 Street. Mr. Kuennen stated that Zweber Farm Tenth Addition was previously platted as Outlot A, Zweber Farm Fourth Addition. He indicated that a small temporary stormwater treatment basin was constructed on this outlot #o treat stormwater runoff until a permanent stormwater treatment basin could be built downstream of the development. Mr. Kuennen stated that on July 6, 2004 the City Council approved the Pine Grove final. plat located down stream of Zweber Farm Tenth Addition on the east side of Highview Avenue. He indicated that the construction of regional storm water ponding in the Pine Grove development has the necessary capacity to allow the temporary stormwater basin within Outlot A, Zweber Farm Fourth Addition to be filled in and developed into the two proposed single-family lots. Mr. Kuennen stated that Zweber Farm Tenth Addition meets the minimum lot requirements for the RS-2 District. Mr. Kuennen described. the existing berming and landscaping along Highview Avenue, which was installed prior to the adoption of the current Zoning Ordinance requirements for buffer yard screening. He identified the modifications being proposed to increase the landscaping, but maintain consistency with the previously developed additions of Zweber Farm. Planning Commission Meeting November 4, 2004 Page 6 1VIr. Kuennen stated that should the Planning Commission .recommend to .the City Council approval of the Zweber Farm Tenth Addition preliminary and final plat, Planning Department staff recommends approval subject to the 5 stipulations listed in the October 28, 2004 planning report. Chair Stolte opened the hearing to the public for comment. Andy. Schindler, 8610176th Street West Mr. Schindler asked what the timing would be for construction and why are only two homes being proposed when there are three lots available to be built on. 04.134. Motion by Detjen, Second by Bleu#o close the public hearing at 6:32 p.m. Ayes; Detjen, Grenz, Blee, Reuvers, Pattee, Swecker, Stolte. Nays:: 0 Mr. Suel indicated that there will be three houses built. Lot 1, Block 2 was platted with Zweber. Farm Fourth Addition, but a house has not been built on that lot yet. Mr. Suel stated that they were hoping to start building the two houses this fall. They need to install the storm water pipe under Highview Avenue :first. Mr. Rubash explained why the temporary basin was installed and that removing it should not have any affect on the previous additions of Zweber Farm. Commissioner Swecker stated that she was fine with removal of Stipulation 3c as long as the developer works with the City to develop good screening. Commissioner. Reuvers stated that the trees that are currently adjacent to Highview ..Avenue look bad, but the new landscaping that will be added should be consistent with the`Zoning Ordinance. He stated that he has talked with many residents that live in Zweber Farm and feel that D. R. Horton has been unresponsive to their issues. He does not think that Zweber Farm Tenth Addition should move forward until the storm water pond is fully completed in the Pine Grove Addition. Mr. Suel stated that if the residents of Zweber Farm feel that D. R. Horton has been. unresponsive to drainage concerns, .they should. call Jay Rubash, Assistant 'City Engineer.. He can inspect the situation to determine if D. R. Horton is responsible. Mr. Suel also stated that the storm water pipe will be installed to the Pine Grove Addition storm water basin before they grade the site. 04.135 Motion by Blee, Second by Swecker to recommend to City Council approval of he Zweber Farm Tenth Addition Preliminary and Final Plat, located west of Highview Planning Commission Meeting November 4, 2004 Page. Avenue and north of Hollybrook Trail, subject to the 5 stipulations. listed in the October 28, 2004 planning report, as amended. Ayes:. Grenz, Blee, Pattee, Swecker, Stolte, Detjen. Nays: Reuvers. Commissioner Reuvers feels that the current residents' drainage issues should be resolved, along with full completion of the regional stormwater basin in Pine Grove, prior to approval of Zweber Farm Tenth Addition. ITEM 8. CITY OF LAKEVILLE Chair Stolte opened the public hearing to consider the application of the City of Lakeville. for. a Conditional Use Permit Amendment to allow the construction of a City of Lakeville Elevated Water Tower adjacent to the Central Maintenance Facility in the RM-1, Medium Density Residential District, located south of Dodd Boulevard and west of Cedar Avenue. Assistant City Attorney Poehler attested that the legal notice had been duly published.. in accordance with State Statutes and City Code. Associate Planner Allyn Kuennen presented the planning .report. Mr. Kuennen stated that on August 16,.2004. the City Council approved a conditional use permit to allow the .Central Maintenance Facility to be constructed on City owned property located at 7570 179th Street within the RM-1, Medium Density Residential District. He indicated that the elevated .water tank is proposed to be constructed on approximately one acre of land on the north side of the future 179th Street. Mr. Kuennen stated that the elevated water tank is proposed to be constructed at the center of the site with a parking and access. driveway around the base of the tank. He indicated that the temporary access to the site will be from a driveway placed directly across from the employee driveway for the Central Maintenance Facility until 179th Street is upgraded or when the area to the west is developed.. Mr. Kuennen indicated that the entire perimeter of the elevated water tower site will be enclosed with an 8-foot tall black vinyl coated chain link fence. with a gate for access. Mr, Kuennen stated that the proposed water tower meets the Zoning Ordinance requirements and is consistent with the .previously approved conditional use permit for the Central Maintenance Facility. He indicated that the proposed use is compatible with the existing and proposed land uses in the area and conforms to all the performance standards as outlined in the Zoning Ordinance. Mr. Kuennen stated .that should the Planning Commission recommend to the City Council approval of the Conditional Use Permit Amendment, Planning Department Planning Commission Meeting November 4, 2004 Page 8 staff recommends approval as presented, and approval of the Findings of Fact dated November 4, 2004. Mr. Rubash stated that the proposed water tower will have a 1.5 million gallon capacity and will be 125 feet high. The tank will be painted blue and will possibly include the City's logo on the exterior face. He indicated that the specifications will include a base bid for an all steel base and tank similar to the Fairfield Business Campus water tower, and an alternate bid for a composite structure. The composite structure will have a steel tank on top of a concrete base.. Mr. Rubash stated that the final type of elevated water tank will be determined pending the results of a cost/benefit analysis of the submitted bids. Mr. Rubash stated that the interior of the base will include an area for storage and the placement of the mechanical equipment for the operation of the water tower. The base will also include a mezzanine area that may be used for lease space for electrical transmitters .and a future generator to provide emergency power for the transmitters. Mr. Rubash stated that this water tower would be replacing the current Valley Park standpipe located between the Georgetown Way and Gerdine Court cul-de-sacs east of Cedar Avenue. Chair Stolte opened the hearing to the public for comment. There were no comments from the audience. 04.136 Motion by Swecker, Second by Reuvers to close the public hearing at 6:55 p.m. Ayes: Blee, Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz. Nays: 0 Commissioner Swecker asked Mr. Rubash to explain the difference between the two different types of water towers proposed. She also asked when the water tower in Valley Park would be removed. Mr. Rubash summarized the difference between an all steel water tower, and a concrete pillar and steel bowl composite water tower. He also indicated that the Valley Park standpipe would not be removed until the leases with the cellular telephone companies with radio transmitters located on the tower were re-negotiated. 04.137 Motion. by Detjen, Second by Pattee to recommend to City Council. approval of a Conditional Use Permit Amendment to allow the construction of a City of Lakeville Elevated Water Tower adjacent to the Central Maintenance Facility in the RM-1, Medium Density Residential District, located south of Dodd Boulevard and west of Planning Commission Meeting November 4, 2004 Page 9 Cedar Avenue as presented, and approval of the Findings of Fact dated November 4, 2004. Ayes: Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz, Blee. Nays:. 0 There being no further business, the meeting was adjourned at 7:00 p.m. Respectfully submitted, Penny ig, Recording cretary ATTES Lowell Miller Stolte, Chair