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HomeMy WebLinkAbout03-06-03 .CITY OF LAKEVILLE Planning Commission Meeting Minutes MARCH 6, 2003 The March 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, ex-officio Puncochar. Commissioner Grenz arrived at 6:15 p.m. Absent: Drotning Staff Present: Daryl Morey, Planning Director; Ron Mullenbach, Associate Planner; Leif Hanson, Zoning Enforcement Coordinator; Janice Waataja, Associate Planner; Jay Rubash, Assistant City Engineer; Daniel Licht, Northwest Associated Consultants; Roger Knutson, City Attorney; and Penny Brevig, Recording Secretary. ITEM 3: APPROVAL OF MEETING MINUTES: The February 20, 2003 Planning Commission meeting minutes were approved as presented. The February 20, 2003 Planning Commission Work Session notes were approved as presented. ITEM 4: ANNOUNCEMENTS: Planning Director Daryl Morey reminded the Planning Commission members that Items b and 7 were continued from the February 20, 2003.. He indicated that the legal notices. have been duly published in accordance with state statutes and City Code and a recommendation can be made for .both agenda items at tonight's meeting. ITEM 5. CONSENT AGENDA 03.19 Motion by Swecker, Second by Reuvers to recommend to City Council approval of the March 6, 2003 Planning Commission Consent Agenda as follows: Approve the application. of .Lisa Elliot for athree-year .extension of a Special Home Occupation Permit to operate a massage therapy business out of her home located at 17071 Everest Path. Ayes: Reuvers, Swecker, Stolte, Detjen. Nays: 0 Planning Commission Meeting March 6, 2003 Page 2 • ITEM 6. INDEPENDENT SCHOOL DISTRICT #194 (continued from the February Z0, 2003 Planning Commission Meeting) Chair Stolte continued the public hearing to consider the application of ISD # 194 for a Conditional Use Permit Amendment to allow five area schools to construct site improvements. The schools and their proposed improvements are.. as follows:. Christina Huddleston Elementary Parking Lot Expansion Crystal Lake Elementary Driveway Access Improvements JFK/McGuire Junior High Parking Lot Expansion Kenwood Trail Junior High Loading Dock/Building Expansion Orchard Lake Elementary Office Expansion .Stan Fredrickson from ISD # 194 and Nick Marcucci from Wold Architects & Engineers were in attendance at tonight's meeting to answer any questions that the Planning Commission or public. may have. Ms. Waataja stated that should the Planning Commission recommend to the City Council approval of the Conditional Use Permit Amendments for Christina • Huddleston Elementary, Crystal Lake Elementary, JFK Elementary/McGuire Junior High, Kenwood Trail Junior High, and. Orchard Lake.Elementary, Planning Department staff recommends approval subject to the 2 stipulations listed in the February 14, 2003 planning report, and approval of the Findings of Fact dated March 6, 2003. Chair Stolte opened. the hearing to the public for comment. There were no comments from the audience. 03.20 Motion by Detjen, Second by Swecker to close the public hearing at 6:05 p.m. Ayes: Swecker, Stolte, Detjen, Reuvers. Nays: 0 There were no further comments from the Planning Commission. 03.21 Motion by Reuvers, Second by Swecker to recommend to City Council approval of the ISD # 194 Conditional Use Permit Amendment to allow five area schools to construct site improvements, subject to the 2 stipulations listed in the February 14, 2003 Planning report, and approval of the Findings of Fact, dated March 6, 2003. The schools and their proposed improvements are as follows: Christina Huddleston Elementary Parking Lof Expansion Planning Commission Meeting March 6, 2003 Page 3 Crystal Lake Elementary Driveway Access Improvements JFK/MeGuire Junior High Parking Lot Expansion Kenwood Trail Junior High Loading Dock/Building Expansion Orchard Lake Elementary Office Expansion Ayes: Stolte, Detjen, Reu~ers, Swecker. Nays: 0 ITEM 7. CREEKSIDE VILLAGE (continued from- the February 20, 2003 Planning Commission Meeting) Chair Stolte continued the .public hearing to consider the application of M. W. Johnson Construction for: A. Preliminary and Final Plat of 17 single-family lots on 4 blocks and 2 outlots, to be known as Creekside Village, located north of Dodd Boulevard (CSAH 9) and west of Foliage. Avenue;. B. Variance for cul-de-sac length in excess of 600 feet; C. Rezoning of the subject property from RST-2, Single and Two Family . Residential District. to RS-3, Single Family Residential. District. D. Vacation of a public roadway easement .and public drainage and utility easements. Trent Johnson from. M. W. Johnson was in attendance at tonight's meeting to answer any additional questions the Planning Commission or public may have. Associate .Planner Ron Mullenbach indicated that at their February 20~ Planning Commission meeting, there were two questions asked by the Planning Commission regarding this subdivision that required additional staff review. The first question asked whether there is a trail easement/connection available adjacent to the westerly plat boundary to which the proposed multi-purpose trail could be extended? Mr. Mullenbach stated that he reviewed this question with Parks and Recreation Director Steve Michaud and reviewed the adjacent plat and aerial photographs. There is no available trail easement/connection adjacent to the westerly plat boundary. The second question asked where should the driveway for Lot 3, Block 3 be located? Mr. Mullenbach stated that the grading plan indicates that the driveway will be located on the west side of the lot adjacent to the southerly lot line. This is the "high" side of the lot. He indicated that location of the driveway on the high side of the lot is City policy to ensure proper drainage around the home.. This location is also acceptable in regard to visibility around the curve of the cul-de-sac. Planning Commission Meeting March 6, 2003 Page 4 • Mr. Mullenbach stated that should the Planning Commission recommend to City Council approval of the Creekside Village preliminary and final plat, variance. for cul-de-sac length, rezoning, and vacation of public easements, `Planning Department staff recommends the 10 stipulations listed in the February 14, 2003 planning report and approval of the Findings of Fact for the Variance request .and the Findings of Fact for the rezoning request, both dated March 6, 2003. Chair Stolte opened the hearing to the public for comment. There were no comments from the audience. 03.22 Motion by Detjen, Second by Swecker to close the public hearing at 6:10 p.m. Ayes: Detjen, Reuvers, Swecker, Stolte. Nays: 0 Commissioner Swecker commented that she was pleased that the driveway for Lot 3, Block 3 would be located on the west side of the lot, adjacent to the southerly lot line. Commissioner Swecker asked if anyone has spoken to Mr. Wanga, the owner of a parcel adjacent to this development, to see if he was willing to develop .his land simultaneously with the Creekside Village development. Trent Johnson, from M.W. Johnson indicated they have reached a verbal agreement with Mr. Wanga and that a purchase agreement has been prepared, but not signed. 03.23 Motion by Swecker, Second by Detjen to recommend to City Council approval of the Creekside Village preliminary and final plat, variance for cul-de-sac length, rezoning, and vacation of public easements, subject to the 10 stipulations listed in the February 14, 2003 planning report and approval of the Findings of Fact. for the Variance request and the Findings of Fact for the rezoning request, both dated March 6, 2003. Ayes: Reuvers, Swecker, Stolte, betjen. Nays: 0 ITEM 8. DIANE YE Chair Stolte opened the public hearing to consider the application of Diane Ye for a Special Home. Occupation Permit to allow the operation of a massage therapy. • business in her home, located at 18097 Jacquard Path. City Attorney. Knutson attested that the legal notices had been duly published in accordance with state statutes and City Code. Planning Commission Meeting March 6, 2003 Page 5 Diane Ye was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Ms. Ye presented an overview of the request. Zoning Enforcement Coordinator Leif Hanson presented the planning report. Mr. Hanson stated that Diane Ye has. submitted a special home occupation- permit application for the purpose of operating a massage therapy business out of her single-family home located at 18097 Jacquard Path. Mr. Hanson stated that Ms. Ye has submitted detailed information for the consideration of her special home occupation permit. A public hearing is required to allow Ms. Ye to establish the massage therapy business in her home. Mr. Hanson indicated that City staff has received two e-mails from neighboring property owners with concerns that their property values will decrease and traffic in the neighborhood will increase as a result of Ms. Ye's proposed massage. therapy business. Mr. Hanson stated that according to Ms. Ye's .application, the massage therapy business will be operated from an unfinished room located in the basement of the home. The primary piece of equipment that will be used with the business will be a massage table. Mr. Hanson indicated that Ms. Ye will be the sole proprietor and the only person employed in the massage therapy business. The proposed hours of operation will be Monday through Saturday for approximately 4 hours a day anytime between 10:00 a.m. and 7:00 p.m. Mr. Hanson stated that Ms. Ye has proposed to serve not more than one client at any one time and by appointment only. He stated that the site plan indicates that there is adequate space for off-street customer.parking and there will be no business signage. Mr. Hanson stated that Ms. Ye's approval of a massage therapy license is contingent on approval of the special home occupation permit. The massage therapy license is required to be renewed with .the City annually. The Zoning Ordinance requires that the home occupation be reviewed after one year, at which time the applicant. may apply for an extension of the special home occupation permit for up to 3 years. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the Special Home Occupation #or Diane Ye, Planning Department staff recommends approval subject to the 10 stipulations listed in the • February 26, 2003 planning report, and approval of the Findings of Fact dated March 6, 2003. Planning Commission Meeting March 6, 2003 Page 6 • Chair Stolte. opened the hearing to the public for comment. There were no comments from the audience. 03.24 Motion by Grenz, Second by Swecker to close the public hearing at 6:17 p.m. Ayes: Reuvers, Swecker, Stolte, Detjen, Grenz. Nays: Commissioner Swecker asked if the two e-mails that staff received regarding this business have been addressed by staff. Mr. Hanson indicated that the e-mails expressed comments, not questions, regarding decreased property values and increased traffic and, as such, staff did not respond to the e-mails. Mr. Morey indicated that there are 19 Special. Home Occupation Permit approved home businesses operating in the City and no complaints have been received by the City following the establishment of the special home occupation. Commissioner Reuvers confirmed that Ms. Ye will need to come back to the .Planning Commission in one year to renew her Special Home Occupation Permit for another three years and that any complaints could be addressed. at that time. 03.25 Motion by Reuvers, Second by Detjen to recommend to City Council approval of Diane Ye's Special Home .Occupation Permit to operate a massage therapy business out of her home, located at 18097 Jacquard Path, subject to the 10 stipulations listed in the February 26, 2003 planning report, and approval of the Findings of Fact dated March 6, 2003. Ayes: Swecker, Stolte, Detjen, Grenz, Reuvers. Nays: 0 ITEM 9. DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY Chair Stolte opened the public hearing to consider the application of the Dakota County .Community Development Agency (CDA) for the vacation of a utility easement, located south of 203rd Street and west of Iberia Avenue. City Attorney Knutson attested that. the legal notices had been duly published in accordance with state statutes and City Code. Associate Planner Janice Waataja presented the planning report. Ms. Waataja stated that the Dakota County CDA is requesting the vacation of a 20-foot wide sanitary sewer easement located through the center of Outlot A, Gilb Fitzpatrick Addition, located south of 203rd Street, west of Iberia Avenue, and east of the United Building Centers property. This easement vacation request. is coupled with. Planning Commission Meeting March 6, 2003 Page 7 the preliminary and final plat and Planned Unit Development rezoning of Lakeville Family Housing Third Addition, for which the Planning Commission recommended approval on February 6, 2003. Ms. Waataja stated that staff has recommended to the CDA that this easement be vacated to allow a new 40-foot wide sanitary sewer easement to be platted in the same location. The need for a wider easement is to accommodate for the depth of the proposed sanitary sewer. She indicated that the new 40-foot wide easement will be recorded with the final plat of Lakeville Family Housing Third Addition. Ms. Waataja stated that Planning Department staff recommends approval of the proposed sanitary sewer easement vacation. Chair Stolte opened the hearing to the public for comment. There were no comments from the audience. 03.26 Motion by Swecker, Second by Reuvers to close the public hearing at 6:25 p.m. Ayes: Stolte, Detjen, Grenz, Reuvers, Swecker. • Nays: 0 There. were no comments from the Planning Commission. 03.27 Motion by Grenz, Second by Detjen to recommend to City Council approval of the vacation of a 20-foot wide sanitary sewer easement located through the center of Outlot A, Gilb Fitzpatrick Addition, located south of 203rd Street, west of Iberia Avenue, and east of the United Building Centers property. Ayes: Detjen, Grenz, Reuvers, Swecker, Stolte. Nays: 0 ITEM 10. ZONING ORDINANCE AMENDMENTS Chair Stolte opened the public hearing to consider ordinances amending: Title 9 of the Lakeville City Code, the Sign Ordinance Title 10 of the Lakeville City Code, the Subdivision Ordinance Title 11 of the Lakeville City Code, the Zoning Ordinance City Attorney Knutson attested that the legal notices had been duly published in • accordance with state statutes and City. Code. Planning Commission Meeting March 6, 2003 Page 8 Daniel Licht from Northwest Associated Consultants (NAC) presented the planning report. Mr. Licht stated .that the Planning Commission and staff have initiated a review of the Zoning Ordinance approximately two years following the Zoning Ordinance Update adopted by the City Council on July 17, 2000 consistent with the direction of the City Council at the time the Ordinance was adopted. Mr. Licht indicated that the Planning Commission has held eight work sessions to review, receive and discuss proposed amendments from staff, and to receive comments from townhouse developers and motor fuel facilities operators regarding the performance standards applicable to the respective uses. Mr. Licht stated that the Planning Commission has received the first phase of the proposed amendments. He indicated that they represent most of the "housekeeping" issues identified. with the present Zoning Ordinance, .Subdivision Ordinance, and Sign Ordinance as well as standards and requirements applicable to resuming processing applications for single family residential subdivisions with the pending expiration of the current. moratorium for such uses. Mr. Licht presented the proposed amendments to the Sign Ordinance. The significant. changes include allowing secondary area identification signs and allowing individual. businesses in multiple occupancy commercial :buildings to be displayed on a freestanding sign. He identified a clarification that he recently.. made to the area identification wording under Section 3 to read as follows: "Area Identification: One sign shall be allowed at the entrance to an area from a major collector or arterial street as defined by the Lakeville Transportation Plan provided that:" Mr. Licht presented the proposed amendments to the Subdivision Ordinance. He stated that the proposed changes are mainly housekeeping items. The one significant change is the incorporation of the. buffer requirements of the .Wetland Management Plan. Mr. Licht stated that the City Attorney has recommended that. the wording under Section 9 be clarified to read: "All modular block retaining walls to be constructed as .part of the subdivision grading_plan must meet MnDot requirements." In addition, Mr. Licht. requested Planning Commission direction related to the wetland buffer building setback proposed in Section 26. Planning Commission Meeting March 6, 2003. Page 9 Mr. Licht presented the proposed amendments to the Zoning Ordinance. He identified two issues raised this week by Commissioner Drotning, who could not attend tonight's meeting. Under Section 12 regarding storm shelters, Commissioner Drotning recommended compliance with. FEMA guidelines. "Compliance with this requirement shall be based upon Federal Emergency Management Agency (FEMA) guidelines and standards, except .that the .shelter door shall be solid core construction (not limited to metal) and only one (1) deadbolt lock shall be required:' Under Section 14, Commissioner Drotning recommended under the Parking Area and Drive Setbacks that the commercial and industrial setbacks be 10 feet instead of 15 feet. This will allow greater site design flexibility and is sufficient width for deciduous trees. Mr. Licht stated that the City Attorney has. :indicated the proposed wording in Section 16 concerning legal, non-conforming driveways, is not enforceable the way it is worded. Chair Stolte opened the hearing to the public for comment. There were no comments from the audience. 03.28 Motion by Swecker, Second by Reuvers to close the public hearing at 6:45 p.m. Ayes:. Grenz, Reuvers, Swecker, Stolte, Detjen. Nays: 0 The Planning Commission indicated that they agreed with the Sign Ordinance amendment as proposed. , Commissioner Swecker asked if the Subdivision Ordinance could differentiate between side yard and rear yard setback from the wetland buffer. Mr. Morey stated that this would be preferable. Commissioner Grenz asked how this setback requirement would affect decks. Staff responded that the setback for a deck is the same as the setback for the house. The Planning Commission agreed with the proposed wording. change under Section 12 regarding Storm Shelters. Regarding Commissioner Drotning's proposed change to the parking and drive setbacks for commercial and industrial uses under Section 14, Mr. Rubash stated that the private utility companies typically place their utility lines within the 10 foot Planning Commission Meeting March 6, 2003 Page 10 drainage and utility easement located adjacent. to public rights-of-way in commercial and industrial developments. A 15-foot setback would provide 5 feet for landscaping to be installed outside the drainage and utility easement. The Planning Commission agreed to keep the existing 15-foot setback requirement. City Attorney Knutson stated that under Section 16, the wording proposed under. sub-paragraph d regarding legal, non-conforming driveway is not enforceable. He stated that the City cannot require a homeowner to pave their driveway unless the proposed improvement directly impacts the driveway. A garage addition would impact the driveway, but a deck addition would not. The Planning Commission agreed to revise sub-paragraph d to read as follows: "Legal non-conforming driveways and parking area surfaces existing upon the effective date of this Chapter shall be brought into compliance with this Section at the time of any improvement that intensifies the use of the driveway." The City Attorney concurred with the revised wording. • The Planning Commission had a discussion regarding Earth Berms. in Section 25 of the Zoning Ordinance. The width of the berm with the maximum 3 to 1 slope was discussed in relation to the usability of the rear and side yards for single-family lots .abutting arterial streets. Mr. Morey stated that a 6-foot tall berm with a 3 to 1 slope would be at least 36 feet wide. The rear yard building setback for a buffer lot is 50 feet and the side yard building setback is 40 feet. Mr. Morey state that he discussed the proposed berm height requirements with asingle-family developer who suggested flexibility to install a~ minimum berm height of 4 feet with a minimum evergreen tree height of 8 feet. The Planning Commission agreed that a retaining wall could be constructed on the house side of the berm to reduce the berm width. and increase the level portion of the rear yard area. The Planning Commission agreed to keep the berm height requirements as proposed under Section 25. 03.29 Motion by Reuvers, Second by Detjen to recommend to the City Council approval of ordinances amending: • Title 9 of the Lakeville City Code, the Sign Ordinance, as amended. Title 10 of the Lakeville City Code, the Subdivision Ordinance, as amended. Title 11 of the Lakeville City Code, the Zoning Ordinance, as amended. Planning Commission Meeting. March 6, 2003 Page 11 i Ayes: Reuvers, Swecker, Stolte, Detjen, Grenz. Nays: 0 There being no further business, the meeting was adjourned. at 7:20 p.m. Respectfully submitted, P Penny Br g, Recording Secretary ATTEST: owell Miller Stolte, Chair • •