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HomeMy WebLinkAbout12-06-01 CITY OF LAKEVILLE Planning Commission Meeting Minutes DECEMBER 6, 2001 The December 6, 2001 Planning Commission meeting was called to order by Chair Drotning in the City Hall Council Chambers at 6:00 p.m. Flag Pledge and Roll call of members: Present: Stolte, Michaud, Drotning, Larson, Detjen, Wulff, ex-officio Puncochar. Commissioner Greez arrived at 6:05 p.m. Absent: None -Staff Present:. Robert Erickson, City Administrator; Daryl Morey, ..Planning Director; David Olson, Community and Economic Development Director; Keith Nelson, City Engineer; Frank Dempsey, Associate Planner; Ron Mullenbach, Associate Planner; Roger Knutson, City Attorney; and Penny Brevig, Recording .Secretary.. ITEM. 3: APPROVAL QF MEETING MINUTES:. Commissioner Wulff recommended the following change to the 4~ paragraph of the November 1, 2001 Planning Commission work session minutes: "The Planning Commission also requested a site visit and a written response from the DNR addressing the proposed variance." The November 1,-2001 Planning Commission work session minutes were approved as amended. ITEM 4: ANNOUNCEMENTS: Mr. Morey stated that the following items were distributed to the Planning Commission members and staff before tonight's meeting: 1. Letter of resignation from Commissioner Comer. 2. Letter from Donna Green. 3. Letter from Pat Lynch, DNR South Metro Area Hydrologist Mr. Morey also. indicated that the .December 20, 2001 Planning Commission meeting will be cancelled due to lack of agenda items. Planning Commission Meeting December 6, 2001 Page 2 City Administrator Robert Erickson thanked Planning Commission Chair Drotning, Economic .Development. Commission Chair Vogel, and Mayor Johnson for their assistance in splitting the organizational responsibilities of the Community -and Economic Development Department. He invited Planning Director Daryl Morey and Community and Economic Development Director David Olson up to the podium to introduce Mr. Olson to the Planning Commission and explain the new duties of Mr. Morey.. ITEM 5. CITY OF LAKEVILLE Chair Drotning opened the public hearing to consider an amendment to the Lakeville 1999 Comprehensive Plan. The amendment to be considered involves the following, located at the northeast corner of Pilot Knob Road and 170' Street: 1. Amend the 2020 Land Use Plan to re-guide approximately 80 acres of land from Low Density Residential to Park and Medium Density Residential. 2. Amend. the Stated Metropolitan Urban Service Area (MUSA) Expansion Areas Map to bring approximately 40 acres of property into the current Metropolitan Urban Service Area. .City .Attorney Knutson attested that the legal notice had been duly published in accordance with state statutes .and City Code. Associate Planner Ron Mullenbach presented the planning report. Mr. Mullenbach stated that the City of Lakeville is requesting an amendment to the Lakeville Comprehensive Plan.. The area in question is an 80 acre area located at the northeast corner of Pilot Knob Road (County Road 31) and 170 Street (County Road 58). The City's. current 1999 Comprehensive- Plan guides this .property for Low ..Density Residential .use and .identifies the area within MUSA (Metropolitan Urban Service Area) Expansion Area "A." Mr. Mullenbach stated that the amendment proposed by the City of Lakeville is to guide the subject property as Park and Medium Density Residential- and to bring the South i~ of the property. into the current MUSA area. He indicated that the amendment is requested to fulfill the City's ..obligations under a Mediated Settlement Agreement with the City of Apple Valley and the Tutewohl family. Plaruiing Commission Meeting December 6; 2001 Page 3 Mr. Mullenbach stated that the subject property consists of four metes and bounds description parcels, totaling approximately 73 net acres located at the northeast quadrant of Pilot Knob Road and 170 Street. The Tutewohl "North 1/~ "consists of one 37.10 acre parcel covered by wetland/ponding area, farmland and: woodlands. The North i~ is proposed to be acquired by the City of Lakeville for a community park. Mr. Mullenbach stated. that the Tutewohl "South 1/2'` consists of wetland/ponding,. farmland, and a single .family home with outbuildings. The South 1/z is proposed to be developed by Wright Homes for townhomes. Two existing single family homes (Jorgenson and Trevis) have been included in the Comprehensive Plan amendment request to allow for their eventual redevelopment and access to sanitary sewer. The Wright .Homes plan plans will. include a conceptual layout for their .incorporation into the townhome development. Mr. Mullenbach stated that the Comprehensive Plan does not include criteria for evaluating amendment: requests, so consistent with previous Comprehensive Plan amendments, he evaluated this request and determined the. following: • The proposed amendment is consistent with the policies and provisions of the. Comprehensive Plan, including acquisition of land for a community park in the northeasterly portion of Lakeville. • The proposed use is compatible with'the Nordic Square PUD park dedication, adjacent higher functional classification roadways. (Pilot Knob Road and 170 Street), and the approved Cornerstone Lake and Lake Place. townhome developments to the south. • Adequate storm water drainage, water supply, and waste disposal systems capacity exists to support the proposed land use. • The recently upgraded Pilot Knob Road and 170 Street have adequate capacity to serve the proposed uses. • The proposed uses will preserve environmentally sensitive areas. Mr. 'Mullenbach stated that in October, 1999, the City Council .approved a ..resolution accepting a grant from the Minnesota Department of Natural Resources (DNR) for $295,350.00. The grant, which comes from the Natural :and Scenic Area Grant Program, will provide funding for acquisition of the North 1/2 of the Tutewohl property for use as a community park. Approval of the proposed Comprehensive Plan amendment will allow the city to utilize this grant. Planning Commission Meeting December 6, 2001 Page 4 Mr. Mullenbach stated that the Planning Department staff recommends approval of the proposed amendment to the Lakeville 1999 Comprehensive Plana Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. 01.153 Motion by Michaud, Second by Detjen to close the public hearing at 6:25 p.m. Ayes: Stolte, Wulff, Drotning, Drotning, Larson, Detjen, Grenz Nays: 0 Commissioner Detjen confirmed with Mr. Mullenbach than. the North lh of the Tutewohl property will be a city park. Chair Drotning asked whether the proposed townhome development on the south 1/~ of the Tutewohl property will have an access to 170 Street. Mr. Mullenbach stated that the concept plan identifies an access on 170 Street aligned with Embers .Avenue in the .Cornerstone Lake townhome development.. Chair Drotning stated that in review of the. preliminary plat for the townhome development design, consideration should be given to preventing an attractive "cut-through" route to Pilot Knob Road. In addition, Chair Drotning indicated he didn't like. the idea of a shared access to Pilot Knob Road between the townhome development and the community park..., Commissioner Grenz asked if the. developer will be purchasing the two existing single family properties. Mr. Mullenbach indicated that the developer has contacted. the .two property owners and is interested in incorporating these. two properties into his development. 01.154 Motion by Detjen; Second by Michaud to recommend to the City Council approval of an amendment to the Lakeville 1999 Comprehensive Plan, for property located at the northeast corner of Pilot Knob Road and 170 Street, subject to the Planning Report dated November 29, 2001.: Ayes: Wulff, Drotning, Michaud, Larson, Detjen, Grenz, Stolte Nays: 0 .:Planning Commission Meeting December 6, 2001 Page 5 Break at 6:30 p.m. Reconvened at 6:35 p.m. ITEM C. GARY AND DONNA GREEN Chair Drotning opened the public hearing to consider the application of Gary and .Donna Green for a variance from the minimum bluff line setback requirement for a single family home in the Shoreland Overlay District of Orchard Lake to allow the construction of an addition onto the existing. non-conforming single family home, located at 17060 Judicial Road. City Attorney Knutson attested that the legal notice had been duly published in accordance with state statutes and City Code. Mr. and Mrs.. Green were in attendance at tonight's meeting to answer. any questions that the Planning Commission or public may have.. Mrs. Green gave a brief overview of their project and why she felt they needed .this variance.. Mrs. Green appreciated that several of the Commissioners took the time to come out to their home to get more familiar with their site. Allan Voight, the Green's architect, explained his interpretation of the .bluff .line. He showed a cross section of what he considered to be a "normal" bluff line with the Greens.' bluff line. He felt that there is enough flat land on the Greens' property that there would be no bluff failure. Mrs. Green stated that she understood that this is the first time -the .Planning Commission has dealt with a bluff line. setback issue. She encouraged the Planning. Commission to consider establishing criteria for reviewing bluff line setback requests as part of their two year: review of the Zoning. Ordinance Update. Associate Planner Frank Dempsey presented the planning report.. He stated that Gary and Donna- Green have submitted an application for a variance to allow the construction of a 266 square foot addition to be used as a home office onto their existing non-conforming single family dwelling. He indicated that the existing house does not meet the minimum 20-foot setback requirement from the bluff as defined on the Certificate of Survey. Mr. Dempsey stated that the existing house is located on the bluff and the proposed addition would also be constructed on the .bluff. He indicated that a variance is required to allow an expansion that does not meet minimum setback requirements to thebluff. Planning Commission Meeting. ' Decernbei" 6, 2001 Page b Mr. Dempsey stated that development is not permitted within the bluff impact zone, defined as land located within 20 feet from the top of the bluff. He explained the minimum setback requirements before and after March 1, 1993 when the City Council approved an amendment to the Shoreland Overlay District section of the Zoning Ordinance, including the adoption of bluff setback requirements... Mr. Dempsey indicated that the Greens met informally with the Planning Commission on November 1, 2001 to discuss their proposed variance. The Planning Commission requested that staff receive written comments from the Department of Natural Resources and. the City Attorney. prior to considering the variance request. Mr. Dempsey outlined the regulations of he Zoning Ordinance in relation to the variance application and request by the Greens. Mr. Dempsey indicated that the Green property is conforming in terms of lot area and lot width. There are non-conforming structure setbacks that include the house setback to the bluff and the detached garage setback to the front property line. Also, 'the existing smaller shed located next to the -house is non-conforming in that only one detached accessory building is permitted on a single family residential lot. The existing and. proposed impervious surface area requirements have been met. Mr. Dempsey had.asked the Greens to present other options for an addition to their home .that .would not require a variance. Those options were included in the. Greens' plan submittal, but are not preferred by the Greens. Mr. Dempsey-indicated .that this variance would set a precedence for the adjacent properties, who have similar non-conforming bluff setbacks. Mr. Dempsey stated that Community and Economic Development Department staff recommends that .the .application for a variance be denied in accordance with .the attached Findings of Fact. Chair Drotning opened the hearing to the public for comment: There were no comments from. the audience. Planning Commission Meeting December 6, 2001 ..Page 7 01.155 Motion by Michaud, Second by .Stolte to close the public hearing at 6:50 p.m. Ayes: Drotning, Michaud, Larson, Detjen, Grenz, Stolte, Wulff Nays: 0 Commissioner Wulff indicated that she visited the Greens' property. She stated that the property is flat behind .the Greens' house, and that she felt it would not hurt the environment to build onto .the house. in the location proposed by the Greens. Commissioner Wulff indicated that she was concerned about the current definition of bluff in the Zoning. Ordinance. She felt that the Greens' house is well situated on their lot and if they aren't able to build onto their home because of the current Shoreland Overlay District requirements, then the Zoning Ordinance needs to be changed. Commissioner Detjen noted three items: 1. .The bluff setback requirement was imposed by the state and adopted by the City after the Greens' house was built. 2. The addition does not encroach any further into the bluff than the existing deck: 3. The footings will be located over a crawl space, not a full. basement. .Commissioner Stolte also visited the Greens' property. He .concurred .with Commissioner Wulff. He didn't feel any environmental damage .would occur with the. addition. The option that the Greens are proposing looked to him like the best option. However, he was concerned that the proposed variance does not meet the Zoning Ordinance hardship criteria ..and that. a precedent. would be set for other Lakeshore properties. Commissioner Grenz asked the City Attorney if the DNR's bluff regulations were included in state statute. Mr. Knutson stated that they are DNR regulations that were adopted by the City as part of our Zoning Ordinance.. The Planning Commission members all agreed that. what the Greens are proposing is the best option and that the Zoning Ordinance definition of bluff needs to be reviewed and possibly amended to allow additions similar to the Greens' without the need for a variance. Commissioner .Wulff suggested that the Zoning Ordinance be revised so that requests similar to the Greens' are a conditional use permit (CUP) instead of a variance. Mr. Morey indicated that the Z©ning Ordinance only allows additions by CUP if the addition meets all setback requirements. Mr. Morey also stated that the section on non-conformities was revised with the Zoning Ordinance Update in July 17, 2000. The goal is to reduce or eliminate non-conformities. Planning Commission Meeting December 6, 2001 Page 8 Chair Drotning stated that the City will only grant a variance if an undue hardship unique to the property is identified.. The Planning Commission agreed that the hardship for this variance would be the adoption of the bluff setback requirements after the Greens' house was built: Commissioner Larson felt that the integrity of the Zoning Ordinance needed to be maintained: Break at 7:15 p.m. Reconvened at 7:30 p.m. Chair Drotning indicated that. the Greens' request was not unreasonable. He asked how this can be revised to require a CUP instead of a variance. Mr. Morey reiterated that you can expand anon-conforming building .only if the addition meets setback requirements. Commissioner Wulff suggested that the Greens let the .Planning Commission table their request at tonight's meeting, so that City staff can look into ways to amend the Zoning Ordinance so the proposed addition can be built without a variance. The. Greens stated -their concern about the non-conformity status of their existing house setback.. They would like their existing house and proposed addition to be conforming with Zoning Ordinance requirements. Chair Drotning stated that the Planning. Commission cannot guarantee that any amendment to the Zoning Ordinance would bring the Greens' home into conformity. Mr. Morey stated that the two year review of the Zoning Ordinance Update will commence. in January and will likely take several months... The two year anniversary of the Zoning Ordinance Update is July 17, 2002. He indicated that the Greens would have to submit a written request to extend the variance application beyond the.60-day application action deadline. Mr. Morey wanted to be sure. that the Greens are aware .that: the Planning Commission review of -the Zoning Ordinance Update will take several months. If they .withdraw their variance application. and re-applied at a future date, staff would waive the application fee.. Break at 8:00 Reconvened at 8:05 The Greens stated that they would like their request for a variance tabled at this time with the hope and confidence that this will be looked. at in conjunction with the Planning Commission's review of the Zoning Ordinance Update. They stated that they will submit a written request to extend their variance application. Planning Commission Meeting December 6, 2001 Page 9 01.156 Motion by Wulff, Second by Michaud to table the application of Gary and Donna Green for a variance from the minimum bluff line setback requirement for a single family home in the Shoreland Overlay District for property located at 17060 Judicial Road. Ayes: Michaud, Larson, Detjen, Grenz, Stolte, Wulff,. Drotning Nays: 0 ITEM 7. CITY OF LAKEVILLE Chair Drotning opened the public hearing to consider an ordinance amending Title 11 of the Lakeville City Code (the Zoning Ordinance) concerning required permits and approvals. City Attorney Knutson attested that the legal notice had been duly published in accordance with state statutes and City Code. Planning: Director .Daryl Morey presented the planning report. Mr. Morey stated that the draft amendment was prepared in response to new legislation stating that city ordinances cannot include building code requirements that are more restrictive than the state building code. He indicated that Building Official Gene Abbott has informed planning staff that building permits are not required by the state building code for detached accessory buildings 120 square feet or less in size, fences 6 feet or less in height, and certain swimming pools.. Mr. Morey -stated that the draft amendment modifies .the wording of the Zoning Ordinance to require a zoning permit in the instances. listed above and identifies those instances when a building permit is .required for detached accessory buildings, fences, and swimming pools. He indicated that an application and fee will be established. for a zoning permit, which will be reviewed: by planning staff :and approved by the Zoning Administrator. Mr. Morey stated that even though building permits are not required for certain detached. accessory buildings, fences and swimming pools, staff feels that a thorough review of these types of improvements is invaluable to ensure compliance with setbacks and other. performance standards. As such, he indicated that staff is recommending the creation of a zoning permit approved by the Zoning Administrator. Mr. Morey indicated that the draft amendment has. beenreviewed by planning and building inspections staff and is recommended for approval as presented. Chair Drotning opened the .hearing to the public for comment. Planning Commission Meeting December 6, 2001 Page 10 ..There were no comments from the audience. 01.157 Motion by Wulff, Secondby Detjen to close the public .hearing at $:15 p.m. Ayes: Detjen, Grenz, Stolte, Wulff, Drotning, Michaud, Larson Nays: 0 01.158 Motion by Michaud, Second by Stolte to recommend to the City Council approval of the ordinance amending. Title. 11 of the Lakeville City Code (the Zoning Ordinance) concerning required permits and. approvals. Ayes: Grenz, Stolte, Wulff, Drotning, Michaud, Larson, Detjen Nays: 0 Item 8. New Business Commissioner Wulff wanted to know what is .going to happen with new developments because the school district's bond referendum failed. Mr. Knutson indicated that schools are listed as one of the nine premature subdivision criteria in the Subdivision Ordinance, but that criteria alone is insufficient to declare a subdivision premature. Mr. .Morey stated that most of .the currenfi residential developments are. townhomes, which generate fewer school age children.. He indicated that. staff .will keep a dialogue open with the school district. 8D. Dakota County East -West Corridor Study Community and Economic Development Director David Olson indicated that on November 21, 2001 City staff met with Dakota County representatives. to discuss ,issues related to the corridor study. Mr. Olson went over the major points of discussion from that meeting. City staff will schedule a joint City Council/Planning Commission work session to discuss the corridor study sometime in January. Planning Commission Meeting December 6, 2001 Page 11 9. Staff Notices Chair Drotning stated that he was very proud of the fact that the Planning Commission had completely renewed itself with almost a complete turnover of members this year without skipping a beat. There being no further business, the meeting was adjourned at 8:45p.m. Respectfully submitted, I r .Penny fig, Recordi ` ecretary ATTEST: Karl Drotning, Chair