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HomeMy WebLinkAbout02-06-03 CITY OF LAKEVILLE - Planning .Commission Meeting Minutes i FEBRUARY 6, 2003 The February 6, 2003 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, Swecker, Stolte, Detjen, Grenz, Drotning, ex-officio Puncochar. Absent: None Staff Present: Daryl Morey, Planning Director; Janice Waataja, Associate Planner; Jay Rubash, Assistant City Engineer; Daniel Licht, Northwest Associated Consultants (NAC); Andrea Poehler, Assistant City. Attorney; and Penny Brevig, Recording Secretary. ITEM 3: APPROVAL OF MEETING MINUTES: The January 23, 2003 Planning Commission meeting minutes were approved as presented. ITEM 4: ANNOUNCEMENTS: r. More stated that the Public Hearin notice to consider the application. of the 1Vl y g Dakota County Community Development Agency for the vacation of a utility . easement was not published prior to the public hearing. As such, it will not be considered at tonight's meeting. Mr. Morey indicated that it will be considered at the March 6, 2003 Planning Commission meeting. Mr. Morey stated the following items were distributed to the Planning Commission. members and staff before tonight's meeting. 1. February 5, 2003 Parks, Recreation & Natural Resources Committee meeting motions regarding Lakeville Family Housing Third Addition. 2. Memo from the Metropolitan Council addressed to .Governor Pawlenty regarding the Metropolitan Council's Blueprint 2030. 3. Letter to the City from Dakota. County Office of Planning indicating that the .Dakota County Office of Planning and Transportation Division will conduct a Joint Planning Commission/Public Open House to provide information and. collect comments for its Transportation Policy Plan update on Wednesday, February 26, 2003 from 7:00 p.m. to 9:00 p.m. Mr. Morey requested that Planning Commission members let staff know as soon as possible whether they will be able to attend the meeting. Planning Commission Meeting February 6, 2003 Page 2 ITEM 5: CONSENT AGENDA 03.11 Motion by Drotning, Second by Swecker to recommend to City Council approval of the February 6, 2003 Planning Commission Consent Agenda as follows: Approve the application of Paige Jelen for a three-year extension of a Special Home Occupation Permit to operate a hair salon business out of her home, located at 17360 Foliage Avenue. Ayes: Reuvers, Swecker, Stolte, Detjen, Grenz, Drotning. Nays: 0 ITEM 6. NANCY GUENTHER Chair Stolte opened the public hearing to consider the application of Nancy Guenther for a Special Home Occupation .Permit to allow the operation of a hair salon business in asingle-family residence, located at 17091. Fairhill Avenue. Assistant City Attorney Poehler attested that the legal notices had been duly published in accordance with state statutes and City Code. Lea Guenther was in attendance at tonight's meeting representing Naricy Guenther and was. available to answer any questions that the Planning Commission or public may have. Ms. Guenther presented an overview of the. request. Associate Planner Janice Waataja presented the planning report. Ms. Waataja stated that Nancy Guenther has submitted an application for a Special Home Occupation Permit for the purpose of operating a hair salon out of her home located at 17091 Fairhill Avenue. .She indicated that the property is zoned RS-2, Single Family Residential District. Ms. Waataja stated that Nancy Guenther received a Special Home Occupation Permit in August of 1998 to conduct this same business. She then .received a three- year extension in October of 1999. During that time, Ms. Waataja indicated that Mrs. Guenther discontinued the hair salon business and has been conducting a day care out of her home. Mrs. Guenther's hair salon Special Home Occupation Permit expired in October, 2002. Ms. Waataja indicated that Mrs. Guenther would like to re-establish the hair salon this summer and therefore a new permit and .review is required. Ms. Waataja stated that the hair salon will be located in the basement of her home in a room. off of the laundry area. A hair styling station and shampoo. bowl will be the only equipment needed to conduct the business. Ms. Waataja stated that Mrs. Pla„n;ng Commission Meeting February 6, 2003 Page 3 Guenther-will be the sole proprietor and the only person employed in the hair salon. The proposed hours of operation are Monday through Friday from 5:30 p.m. to 9:00 p.m. and Saturday from 9:00 a.m. to 3:00 p.m. with appointments being scheduled one at a time. Ms. Waataja stated that should the Planning Commission recommend to the City Council approval of the Special Home Occupation for Nancy Guenther, Planning Department staff recommends approval .subject to the 11 stipulations listed in the January 31, 2003 planning report, and approval of the Findings of .Fact dated February 6, 2003. Chair Stolte opened the hearing to the public for comment. There were no comments from the audience. 03.12 Motion by Swecker, Second by Drotning to close the public hearing at 6:10 p.m. Ayes: Swecker, Stolte, Detjen, Grenz, Drotning,.Reuvers. Nays: 0 . Commissioner Drotning indicated that without the lapse of Ms. Guenther's permit, this agenda item would have. been on the consent agenda. 03.13 Motion by Drotning, Second by Grenz to recommend to City Council approval of Nancy Guenther's Special Home Occupation Permit to operate a hair salon business out. of her home, located at 17091 Fairhill Avenue, subject to the 11 stipulations listed in the January 31, 2003 planning report, and approval of the Findings of Fact, dated February 6, 2003. Ayes: Stolte, Detjen, Grenz, Drotning, Reuvers, Swecker. Nays: 0 ITEM 7. LAKEVILLE FAMILY HOUSING THIRD ADDITION Chair Stolte opened the public hearing to consider the application of .Dakota County Community Development Agency for: A. Preliminary .and .Final Plat of one lot on one block to be known as Lakeville Family Housing Third Addition, located south of 203rd Street and west of Iberia Avenue; B. Rezoning of the property from RST-1, Single and Two Family Residential District and RM-1, Medium Density Residential District to PUD, Planned Unit Development District. Planning Commission Meeting February 6, 2003 Page 4 • Assistant City Attorney Poehler attested that the legal notice as stated had been duly published in accordance with state statutes and City Code. Kari Gill. from the Dakota County Community Development Agency (CDA) and Kim Bretheim .from LHB Architects and Engineers were in attendance at tonight's meeting to answer any questions the Planning Commission or public may have. Ms. Gill :presented an overview of the project. She indicated that the CDA's main objective to building this. affordable housing project was to establish work force housing.. She also indicated that the CDA would be providing a safe room meeting FEMA standards in the first floor bathroom of each of the 40 townhouse units. Associate Planner Janice Waataja presented the planning report. Ms. Waataja stated that .representatives of the Dakota County Community Development Agency (CDA) have submitted applications for the preliminary. and final plat of Lakeville Family Housing Third Addition, a request for rezoning of the plat area to PUD, Planned: Unit Development District, and a public utility easement vacation. The Planning. Commission will take action on.the easement vacation at a future: meeting when the public hearing is appropriately noticed. Ms. Waataja indicated-.that the subject property will consist of one lot on one block with 40 attached rental townhome units on 6.34 acres of land located west of Iberia Avenue, east of UBC, and south of 203rd Street. Ms. Waataja stated that Lakeville Family Housing Third Addition meets the Metropolitan Council's livable communities criteria for affordability. She indicated that because of the project's affordable component, modifications are being proposed to some of the City's townhouse design and construction performance standards. This is done utilizing exemptions allowed in the Zoning Ordinance for affordable housing and also through the proposed rezoning to PUD District. Ms. Waataja stated that the subject property consists of Outlot A, Gilb Fitzpatrick Addition, which is currently zoned RM-1, Medium Density Residential District, and a metes and bounds description parcel, which is zoned RST-2, Single and .Two Family Residential District. Ms. Waataja stated that the Lakeville Family Housing Third Addition .preliminary and final plat abuts 203rd Street on its north side and Iberia Avenue on its east side. She indicated that 203rd Street is a 40-foot wide local commercial street. constructed within an 80-foot wide right-of-way. FuII right-of--way for 203rd Street was dedicated with the Gilb Fitzpatrick Addition final plat, which was approved in 1999. Ms. Waataja indicated that 203rd Street currently serves the New Horizon site and has a temporary cul-de-sac abutting the UBC parcel to the west. When the Planning Commission Meeting February 6, 2003 Page 5 • UBC site redevelops, 203rd Street will be extended to the west and the temporary cul-de-sac will be removed. Ms. Waataja indicated that Iberia Avenue is a local street abutting the property adjacent to its southeasterly corner. A private street access will be located off of Iberia Avenue aligned with 205 Street. Ms. Waataja stated that the developer is proposing to serve the individual townhome units with a looped private street system, which will provide connections to 203rd Street and Iberia. Avenue. Ms. Waataja indicated that all private streets will be 28 feet wide and will be built to City construction standards. Ms. Waataja stated that the developer is proposing a landscaped berm along 203rd Street and along the shared property line to the..west.to help buffer the townhomes from commercial uses. In addition,. a landscape. screen is proposed along the east property line to buffer the' existing lower. density residential .units to theeast.. Ms. Waataja indicated that preliminary landscape and ree preservation plans have been submitted by the developer. She indicated. that proposed planting sizes meet, and in the case of evergreen trees,. exceed Zoning Ordinance requirements. • Ms Waataja indicated. that the project. architect. contacted staff today .regarding a modification to Building #5 to add a second handicapped unit. To accommodate.:. the larger footprint of Building #5, the northerly private street- will be shifted so that the building is set back at least 20 feet from the private street. Ms. Waataja stated that staff is recommending a cash contribution of $63,400 to satisfy the park dedication requirement for multiple family residential developments. The Parks, Recreation and Natural Resources Committee made a recommendation of approval regarding the park dedication requirement at their February 5, 2003 meeting. Ms. Waataja stated that Section 11-58-25 of the Zoning Ordinance exempts affordable housing projects from the Unit Construction, Garage, Storm Shelter, Landscaping, and Open Space Requirements of the RM-1 District. As she indicated earlier, the Dakota County CDA is requesting the subject property be rezoned from RM-1 and RST-1 to PUD to allow additional modifications from the performance standards of the RM-1 District. These modifications include reduced building setbacks and the use of private streets. Ms. Waataja indicated that lot sizes, unit sizes, and setbacks are being met • according to .the Zoning Ordinance requirements, as outlined in her January 31, 2003 planning report. Planning Commission Meeting February 6, 2003 Page 6 i Ms. Waataja stated that should the Planning Commission recommend to City Council approval of the Lakeville Family Housing Third Addition preliminary and final plat and rezoning, Planning Department staff recommends the 10 stipulations listed in the January 31, 2003 planning report. Chair Stolte opened the hearing to the public for comment. There were no comments from the audience. 03.14 Motion by Detjen, Second by Swecker to close the public hearing at 6:20 p.m. Ayes: Detjen, Grenz, Drotning, Reuvers, Swecker, Stolte. Nays: 0 Commissioner Reuvers asked. what the income. criteria is for affordable. housing. Ms. Gill indicated that the maximum household income is $46,000. The average ; household. income in their affordable housing units is $30,000 annually..... Commissioner Swecker asked about the vacancy rates in the CDA's other Lakeville housing projects. Ms. Gill indicated that they are completely full in their other projects with a waiting list of over 200 people. Commissioner Swecker asked how tall the berm is proposed o be along 203rd Street and the UBC property. Mr. Rubash stated that it will be 31/2 feet- tall- at the maximum height and taper to just under 3 feet in height along the UBC side. Commissioner Grenz asked if the CDA is meeting the FEMA guidelines with their internal storm shelters in the bathroom. Mr. Bretheim stated that reinforced wood framing and metal doors are being used to construct the bathrooms. Mr. Bretheim presented the revised site plan showing the revised pad for Building #5 and the shift of the northerly private street to the north. Commissioner Detjen asked if an additional stipulation is needed to cover. the new plans for Building #5 and the realignment of the northerly private street. Mr. Morey stated that if the Planning Commission agrees with the revised site plan layout, he recommends a revision to Stipulation h to read as follows: h. "The site and buildings shall be constructed consistent. with the approved plans.." • Planning Commission Meeting February 6, 2003 Page 7 i Commissioner Drotning indicated that he is glad. to see that the CDA is very proactive when it comes to construction of their buildings with the inclusion of the internal storm shelter. Chair Stolte agreed. Commissioner Puncochar asked if the basketball .court could be moved farther away from the realigned northerly private street. Commissioner Swecker asked if it could be moved to the courtyard area between the townhome buildings so nobody would have to cross the private street to get to it. Mr. Bretheim indicated that due to the noise associated with the use, the `basketball courts are not placed between the townhome buildings. Commissioner Drotning confirmed the difficulties of constructing a berm along the east property line adjacent to the existing. single-family homes and twinhomes. Steve Love from Jacobson Engineers and Surveyors.. confirmed that there: is no opportunity to put a berm in thislocation because-.the adjacent lots. are very flat and a berm would. have a negative impact on storm water drainage. Commissioner Swecker stated that she was very pleased -with the amount. of trees proposed on the landscape plan, but asked why there are no trees proposed in the southwest corner ofthe site adjacent to the railroad tracks. Mr. Bretheim stated-that there are no townhouse units in this location, only the private street, and that a 4- foot high fence is proposed along the entire southwest property line adjacent to the railroad tracks.. 03.15 Motion by Drotning, Second by Reuvers to recommend to City Council approval of the Preliminary and Final Plat of one lot on one block to be known as Lakeville Family Housing Third Addition, and a rezoning of the property to Planned .Unit Development (PUD), subject to the 10 stipulations listed in the January 31, 2003 planning report, as amended, and approval of the Findings of Fact, dated February 6, 2003. Ayes: Grenz, Drotning, Reuvers, Swecker, Stolte, Detjen. Nays: 0 ITEM S. ZONING ORDINANCE UPDATE -PROJECT STATUS REPORT Dan Licht of Northwest Associated Consultants (NAC) presented a project status report on the Zoning Ordinance Update as outlined in his memorandum dated January 31, 2003. . Mr. Licht indicated that the .townhouse and apartment design and construction performance standards, along with several mainly commercial/industrial related Planning Commission Meeting February 6, 2003 Page 8 i ussion with .the Plannin issues, need further research by staff and d sc g Commission. Issues related to single-family performance standards, Subdivision and Sign ordinance modifications, and a number of "housekeeping' items have been .reviewed and discussed with the Planning Commission at several work sessions held in 2002 and 2003. These amendments will be formally considered by the Planning Commission at a public hearing in March. Mr. Licht stated that staff is recommending that the Planning Commission and City Council .extend the current residential plat moratorium for an additional 6-8 months .for residential plats in the RST-2, RM-1, RM-2, RH-1, and RH-2 Districts to allow an adequate amount of time for staff and the Planning Commission to research and .discuss the issues raised by townhouse developers at the November 21, 2002 Work Session and complete work on this aspect of the Zoning Ordinance review. Commissioner Drotning confirmed that commercial :projects would be allowed to move forward... Commissioner: Swecker.: asked if the extension. of the moratorium_by 6-8 months is approved and the Zoning: Ordinance Update is completed prior to that time, can i the moratorium be lifted .early? Mr. Morey stated that the City Council could lift the moratorium prior to the expiration date if the staff and Planning Commission review was completed earlier than expected. 03.16 Motion by Reuvers, Second by Swecker to recommend that the City Council consider extending the residential plat moratorium an additional 6 - 8 months for residential plats within the RST-2, RM-1, RM-2, RH-1, and RH-2 Districts to allow the Planning Commission additional time to review and consider possible amendments to the townhouse development standards. Ayes: Drotning, Reuvers, Swecker, Stolte, Detjen, Grenz. Nays: 0 There being no further business, the meeting was adjourned at 7:00 p.m. ..Respectfully submitted, P Penny B ig, Recordin retary Planning Commission Meeting February 6, 2003 Page 9 ATTEST: Lowell Miller Stolte, Chair