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HomeMy WebLinkAbout01-06-00 CITY OF LAKEVILLE Planning Commission Meeting Minutes JANUARY 6, 2000 The January 6, 2000 Planning Commission meeting was called to order by Chair Drotning in the City Hall Council Chambers at 6:00 p.m. Roll call of members was taken: Present: Bellows, Kot, Skipton, Drotning, Rieb, Comer, Wulff, Ex-Officio Commission Member Knutson.. Absent: None. Staff Present: Michael Sobota, Community and Economic Development Director; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Ron Mullenbach, Associate Planner, Tim Hanson, Assistant City Engineer; Joel Jamnik, City Attorney; and Donna Quintus, Recording Secretary.. Chair Drotning indicated that he had. requested an amendment to the December 2, 1999 Planning Commission meeting minutes. Chair Drotning requested that the following paragraph be added on Page 7 under Item No. 7: Gilb Fitzpatrick Addition - New Horizon Day Care: Easement Vacation, Preliminary/Final Plat, Conditional Use Permit: "Chair Drotning indicated that both he and Mr. Gilb are in the automotive service industry. Chair Drotning further noted that even though they are both in the automotive service business he does not consider his participation in the review of Mr. Gilb's applications a conflict of interest because he has no financial interest in the Gilb project." . The minutes of the December 2, 1999 Planning Commission Meeting were approved as amended. Irenn 4: Announcements City Administrator Robert Erickson stated that on December 20, 1999, the City Council adopted a Comprehensive Communications Plan for the. City of Lakeville. One element of the Plan includes live televising of Planning Commission meetings on the .City's Government Channel 16. It is anticipated that televising will begin in either March or April of this year. Lea Guenther, Public Information Coordinator for the City of Lakeville, has contacted and received a proposal from Marilou E. Thibault, Unparalleled Communications, to provide performance coaching to the Planning Gommission designed to alleviate any anxiety or concerns the Commissioners may have regarding the impending public visibility. Ms. Thibault has designed a program that will enhance specific skills of the Commissioners as well as increase each participant's comfort zone in using those skills. The Planning Commission agreed to hold a coaching. session with Ms. Thibault on Thursday, February 10, 2000 at 5:00 p.m. Those members who are unsure of their schedule will contact the Recording Secretary this week to confirm their availability to attend on this date. Planning Commission Meeting Minutes January 6, 2000 Page 2 ITEM 5: Election of 2000 `Planning Commission Officers 00.01 MOTION by Rieb, Second by Comer to nominate Karl Drotning as Planning Commission Chair. 00.02 MorioN by Wulff, Second by Bellows to nominate Laurie Rieb as Planning Commission Vice-Chair. 00.03 MoTiorv by Wulff, Second by Rieb to nominate Sharon Kot as Planning Commission Secretary. Motion by Kat, Second by Skipton to close the nominations. OD.04 MOTION by Comer, Second by Wulff to cast a unanimous ballot for the Planning Commission officers. Roll call vote was called on the motion. Ayes.:. Bellows, Kot, .Skipton, Drotning, Rieb, Comer, Wulff. Nays: O. ITEM 6: Public Hearing: Jean Meyer: Special Home Occupation Permit ~°P p0~a~ Chair Drotning opened the public hearing for consideration of the application of Ms. Jean Meyer to allow the operation of a massage therapy business in a single family residence. Assistant City Attorney Jamnik attested that the legal notice had been duly published and mailed in accordance with state statutes. Ms. Jean Meyer, 16737 innsbrook Drive, presented her application for a Special Home Occupation Permit for the purpose of operating a massage therapy business from her home. Ms. Meyer indicated that she has 15 years of experience as a massage therapist and is currently employed and licensed as a massage therapist at a medical office in Lakeville. Associate Planner Frank Dempsey presented the staff report.. Dempsey indicated that Ms. Meyer is proposing to operate the massage therapy operation out of her single family residence located at 16737 Innsbrook Drive, legally described as Lot 10, Block 4, Crystal Lake Golf Estates. The subject property is zoned PUD, Planned Unit Development District. A massage therapy home occupation is classified as a Special Home Occupation requiring a public hearing with a permit issued for a period of one year, after which the permit may be re-issued for periods of up to three (3) years. Associate Planner Dempsey noted that City Code 3-16-1 requires persons who administer massages be licensed to do so in the City of Lakeville. A background check was conducted by the Lakeville Police Department which indicated that Ms, Meyer has the appropriate training and is certified by the American Massage Therapy Association. Ms. Meyer was issued a license to administer massages at the medical office where she currently practices massage therapy. A separate license is required .for Ms. Meyer to practice massage therapy in her home. Planning Commission Meeting Minutes January 6, 2000 Page 3 Planner Dempsey noted that Ms. Meyer has indicated the hours of operation as 8:45 a.m. to 3:15p.m. Monday through Thursday and will serve not more than one client at a time by appointment only. Signage is not proposed as a part of this application. Associate Planner Dempsey stated that should the Planning Commission recommend to City Council approval of the Special Home Occupation Permit for Jean Meyer, Community and Economic Development Department staff recommends compliance with. the nine (9) stipulations as listed in the December 30, 1999 Planning Report.. There were no comments from the audience. 00.05 MorioN by Bellows, Second by Skipton to close the public hearing at 6:25 p.m. Ayes: Kot, Skipton, Drotning, Rieb, Comer, Wulff, Bellows. Nays: 0. 00.06 MOTION by Wulff, Second by Comer to recommend to City Council. approval of the Special Home Occupation Permit for Ms. Jean Meyer to allow the operation of a massage therapy business in her single family residence located at 16737 Innsbrook Drive, legally described as Lot 10, Block 4, Crystal Lake Golf Estates, subject to the nine (9) stipulations recommended by staff as listed in the December 30, 1999 Planning Report and approval of the Findings of Fact dated January 6, 2000. Ayes: Skipton, .Drotning, Rieb, Comer, Wulff, Bellows, Kot. Nays: 0. ITEM 7: Mary Pancirov: Special Home Occupation Permit NoP vo-o~- Chair Drotning- opened the public hearing for consideration of the application of Ms. Mary Pancirov to allow the operation of a massage therapy business in a single family residence. Assistant City Attorney Jamnik attested that the legal notice had been duly published and mailed in accordance with state statutes. Ms. Mary _Pancirov, 16775 Joplin Way, presented her application for a Special Home Occupation Permit for the purpose of operating a massage therapy business from her single family home. Ms. Pancirov indicated that the proposed operation will only be part-time as she is proposing to serve one client at a time by appointment only on Wednesdays through Fridays, between 8:00 a.m. and 8:00 p.m., and on Saturdays from 8:00 a.m. to 12:00 p.m. Associate Planner Frank Dempsey presented the staff report. Dempsey indicated that Ms. Pancirov is proposing to operate the massage therapy operation out of her single family residence located at 16775 Joplin Way, legally described as Lot 23, Block 4, Rolling Oaks South Plat Two. The subject property is zoned R-2, Single Family Residential District. Massage therapy is considered a Special Home Occupation. which. requires a public hearing with a permit issued for a period of one year, after which the permit may be re-issued for periods of up to three (3) years. In addition to the Special Home Occupation Permit application, Ms. Pancirov has also applied for a Planning Commission Meeting Minutes January 6, 2000 Page 4 license in accordance with City Code 3-16-1 that requires persons who administer massages to be licensed in the City of Lakeville. Prior to the issuance of a license by the City Administrator, the Lakeville Police Department conducts a detailed background evaluation and verification of training and certification by the. American Massage Therapy Association. Mr. Dempsey requested Planning Commission consideration to add another stipulation to the nine listed in the December 30,.1999 Planning Report to read as follows: Stipulation No. 10: "The applicant shall comply with handrail and smoke detector building code requirements prior to City Council approval of the. Special Home Occupation." Associate Planner Dempsey stated that should the Planning Commission recommend to City Council approval of the Special Home Occupation Permit for Mary Pancirov, Community and Economic Development Department staff recommends compliance with the. nine (9) stipulations as listed in the December 30, 1999 Planning. Report. Chair Drotning opened the hearing for public comment. Chair Drotning noted for the record an a-mail dated December 27, 1999 to City staff from Carol A. Hara, 10355 166th Street West, expressing her objection to the massage therapy special home occupation as she feels it is not compatible with the • residential use of the area. Commissioner Wulff indicated that she had responded to Ms. Hara via a-mail requesting clarification of her statement. Commissioner Wulff noted that Ms. Hara did not reply. There were no further comments from the audience. 00.07 MOTION. by Wulff, Second by Bellows to close the public hearing at 6:37 p.m. Ayes: Drotning, Rieb, Comer, Wulff, Bellows, Kot, Skipton. Nays: 0. 00.08 MOTION by Comer, Second by Skipton to recommend to City Council approval. of the. Special Home Occupation Permit for Ms. Mary Pancirov to allow the operation of a massage therapy. business in her single family residence located at 1.6775 Joplin Way, legally described as Lot 23, Block 4, Rolling Oaks South. Plat Two, subject to the nine (9) stipulations recommended by staff as listed in the December 30, 1999 Planning Report with the addition of Stipulation No.10 as referenced above and approval of the. Findings of Fact dated January 6, 2000. Ayes: Rieb, Comer, Wulff, Bellows, Kot, Skipton, Drotning. Nays: 0. i Planning Commission Meeting Minutes January 6, 2000 Page 5 ITEM H: Jeff Pierret: Conditional Use Permit (er,P o0-6~) Chair Drotning opened the public hearing for consideration of the application of Mr. Jeff Pierret to allow a second detached accessory building at a single family residence in the R-2, Single. Family Residential District. Assistant City Attorney Jamnik attested that the legal notice had been duly published and mailed in accordance with state statutes. Mr. Jeff Pierret presented his application for a conditional use permit (CUP) to allow a second detached accessory building on his property located at 20842 Iteri Avenue. A building permit was .issued and construction of the accessory structure has been completed. When the Inspections Department realized that the existing garage was detached, they offered Mr. Pierret two options: 1) connect the existing home with the detached garage; or 2) apply for a CUP. Mr. Pierret indicated that it would not be feasible for him to attach the detached garage to the existing home and is, therefore, requesting the CUP. Associate Planner Ron Mullenbach presented the details of Mr. Pierret's request as outlined in the staff report. Mr. Pierrefi had submitted an application for a building permit in the summer of 1999. The Inspections Department issued the permit and the building was constructed according to the approved building permit plan. Upon. final inspection of the new accessory building, the Inspections Department realized that the existing garage on the property is detached. It was at that time that Mr. Pierret was notified that a CUP was required to allow the second detached structure. Associate Planner Mullenbach noted that Mr. Pierret is requesting a CUP to bring the existing. second detached accessory building into .compliance with the Zoning Ordinance. The subject property is located in the R-2, Single Family Residential District which allows a second detached accessory building by CUP. Mr. Pierret has indicated that he intends to use the accessory building for storage of personal items such as lawn and garden equipment. Staff is recommending a stipulation in the CUP which prohibits use of the building for commercial or home occupation activities or storage. Associate Planner Mullenbach indicated that the 14' x 22' (378. square foot) detached. building meets zoning ordinance side and rear lot line setback requirements. All other zoning ordinance requirements are met irr terms of total accessory building square footage, building type, and compatibility with the existing house.. Mullenbach noted that Mr. Pierret had obtained a permit from Dakota County to use a private water supply well on his property for lawn and garden watering. In the December 30, 1999 Planning Report, staff recommended Stipulation No. 2 which required proof that the private water supply well had either been sealed or was currently allowed by an active well permit from Dakota County. A fax dated January 1, • 2000 was sent to City staff from Dakota County indicating that Mr. Pierret and Dakota County will be addressing Mr. Pierret's well, along with other similar wells of individuals within Dakota County, regarding annual maintenance permits or Planning Commission Meeting Minutes January 6, 2000 Page 6 permanent sealing of their wells. Due to this agreement between Mr. Pierret and Dakota County, Community and Economic Development staff recommend. that Stipulation No, 2 as contained in the December 30, 1999 Planning Report be eliminated as a condition for approval of the CUP. Associate. Planner Mullenbach stated that should the Planning Commission recommend to City Council approval of the Conditional Use Permit for Jeff Pierret, Community and Economic Development Department staff recommends compliance with Stipulation No. 1 as listed in the December 30, 1999 Planning Report. There were no comments from the audience. 00.09 MOTION by Rieb, Second by Comer to close the public hearing at 6:47 p.m. Ayes: Comer, Wulff, Bellows, Kot, Skipton, Drotning, Rieb. Nays: 0. Mr. Pierret suggested that the Building Inspections Department revise their Accessory Building (Shed) handoufi to indicate that. only one detached accessory building, including a detached garage, is permitted for each lot and that a second detached structure is only .allowed via a Conditional Use Permit. Staff will follow-up on Mr. Pierret's recommendation by reviewing the handouts outlining ordinance and building requirements for both accessory buildings and detached garages. OD.1O MOTION by Wulff, Second by Rieb to recommend to City Council approval of the Conditional Use Permit to allow a second detached accessory building in the R-2, Single Family Residential District, located at 20842 Iteri Avenue, legally described as Lot 3, Block 3, Clay's Acres, subject to Stipulation No. 1 recommended by staff as listed in the December 30, 1999 Planning Report, removing Stipulation No. 2, as discussed above, and approval of the Findings of Fact dated January 6, 2000. Ayes: Wulff, Bellows, Kot, Skipton,. Drotning, Rieb, Comer. Nays: 0. ITEM 9: All Saints Catholic Church of Lakeville: A. Conditional Use Permit Amendment (c,up oo-o~l B. All Saints Catholic Church 2" Addition Final Plat Chair Drotning opened the public hearing for consideration of the application of All Saints Catholic Church for an amendment to Conditional Use Permit No. 95-18 to allow an education facility expansion to the existing church. Assistant City Attorney Jamnik attested that the legal notice had been duly published and mailed in accordance with state statutes. Mr. Jeff Schneider, McGuire Courteau Lucke (MCL) Architects, and Father Eugene Tiffany, All Saints Church of Lakeville, presented the applications for the All Saints Catholic Church 2"d Addition final plat and an amendment to Conditional Use Permit Planning Commission Meeting Minutes January 6, 2000 Page 7 (CUP) No. 95-18 to allow an expansion to All Saints Catholic Church located at 19795 Holyoke Avenue. The All Saints Catholic Church 2"a Addition final plat consists of one lot and two outlots on one block. The proposed plat will accommodate the proposed building expansion. City Planner Daryl Morey presented the staff report noting that All Saints Catholic Church has submitted a final plat for the All Saints Catholic Church 2"tl Addition. The. proposed final plat consists of the replatting of Lot 1, Block 1 and Outlots A .and B, All Saints Catholic Church Addition into one lot on .one block with two outlots. The proposed Lot 1, Block 1, All Saints Catholic Church 2"a Addition will accommodate the existing church and proposed educational wing building expansion. Outlot A covers the existing storm water retention. pond located in the southeast corner of the site and wily be purchased by the City.. Outlot B includes the remaining undeveloped portion of the All Saints. Catholic Church property and will be retained by the church for future development. Mr. Morey stated that the grading,: utility and erosion control plan has been reviewed by Engineering Department. staff and their comments are outlined in the December 30, 1999 Engineering Report. Consistent with past policy, the existing drainage and utility easements located within the All Saints Catholic Church plat will be vacated and will be rededicated on the final plat of All Saints Catholic Church 2"a Addition... The easement vacation .public hearing is scheduled for the January 20th .Planning Commission meeting. City Planner Morey noted an amendment to CUP No. 95-18 is required to allow the education facility expansion. The site plan for the proposed expansion indicates a 60,000 square foot two-level building expansion on the northwest side of the existing church. The expansion also includes the construction of 46 parking spaces on the south side of the building addition, west of the existing lower level church parking lot (400 existing parking stalls).. The building addition includes sidewalk connections from the existing and proposed parking areas to the building entryways. Exterior building addition materials will match the existing church. Mr. Morey stated that Community and Economic Development staff is requesting a revised landscaping plan that will include additional landscaping along the west side of the site to provide additional screening of the loading dock from the future residential development to the west. City Planner Morey stated that should the Planning .Commission recommend to City Council approval of the amendment to CUP 95-18 and the All Saints Catholic Church 2"a Addition final plat, Community and Economic Development Department staff recommend compliance with the 11 stipulations as listed in the December 30, 1999 Planning Report. i Commissioner Kot asked if the All Saints Catholic. Church has experienced any parking problems in the past. Ms. Kot stated her observation of other churches in .the Planning Commission Meeting Minutes January 6, 2000 Page 8 City where parking appears to be a problem during certain periods when educational and church services occur simultaneously. Father Tiffany indicated that outside of the Christmas and Easter services, they have experienced no parking problems. Fr. Tiffany noted that education classes do not meet at the same time that church services are conducted. Commissioner Bellows asked what is the student capacity of the existing educational building. Father Tiffany responded that they currently have an enrollment of 285 school children. The 60,000 square foot addition will increase the student capacity. However,. the proposed addition will allow for one additional expansion to accommodate the church's master plan which is to have the ability to have an enrollment capacity for up to 600 students. Ex-officio Knutson questioned whether the existing playground will. remain in .its current location or if it will be relocated. Father Tiffany indicated that the playground will most likely be relocated to the southern portion of the site because the current recreation area is too close to the social hall. The church hopes to include a baseball or softball diamond in this area in the future. There were no comments from the audience. 00.11 MOTION by Wulff Second by Bellows to close the public hearing at 7:20. p.m. Ayes:. Bellows, Kot, Skipton, Drotning, Rieb, Comer, Wulff. Nays: 0. Commissioner Wulff stated she shares Commissioner Kot's concern regarding church parking lots and whether the ordinance requiring one parking space per three church seating capacity is adequate. Staff indicated that they will contact NAC and direct them to address the church parking stall issue in the Zoning Ordinance update. 00.12 MorioN by Rieb, Second by Skipton to recommend to City Council approval ofthe amendment to Conditional Use Permit No. 95-18 to allow an education facility expansion to All Saints Catholic Church located at 19795 Holyoke Avenue, legally described as Lot 1, Block 1 and Outlots A and B, All Saints Catholic Church and to approve the final plat for All Saints Catholic Church 2"d Addition subject to the 11 stipulations recommended by staff as listed in the December 30, 1999 Planning Report and approval of the Findings of Fact for the Conditional Use Permit amendment dated January 6, 2000. Ayes: Kot, Skipton, Drotning, Rieb, Comer, Wulff, Bellows. Nays: 0. Planning Commission Meeting Minutes January 6, 2000 Page 9 Irenn 1Oa.: Lakeville Family Housing Second Addition Update of Proposed Plan Revision Community and Economic Development Director Michael Sobota presented a staff update on the Lakeville Family Housing Second Addition preliminary and final plat. The Planning Commission reviewed and recommended approval of the Dakota County HRA applications for rezoning, preliminary and final plat and Planned Unit Development/ Conditional Use Permit (PUD/CUP) at the November 18, 1999 regular meeting. Mr. Sobota indicated that early in the conceptual design process, staff recommended that the architect speak with Northern States Power Company (NSP) in order that NSP's new transmission line poles would be included in the Dakota County Community Development Agency (CDA, formerly HRA) development plans. NSP received City Council approval of a conditional use permit to construct the new twin transmission line poles along this corridor on December 7, 1998. Staff understood that the revised plans reflected the understanding between the CDA and NSP. 1t became apparent to City staff that the developer's architect had not incorporated NSP's new transmission line poles into the site development plan. NSP had already purchased the twin "H" frame poles and would not consider moving or installing alternate pole structures to accommodate the grading of the proposed CDA project stormwater pond. Mr. Sobota noted that because the pole and line placement impacts the previously proposed CDA project stormwater pond, the developer has revised the grading plan, site plan and landscaping plan to address the issues raised by the Planning Commission on November 18, 1999 and issues raised by NSP.. NSP and City staff have reviewed the revised grading plan and has given their support. Ms. Kari Gill, Dakota County HRA and Lakeville Family Housing Partnership, stated that there had been a miscommunication with NSP and GRE regarding the location of the new transmission line poles. Several modifications to the site plan have been made in addressing the pole locations. The revised site plan includes relocation of buildings and play areas, redistribution of on-site parking, additional landscaping, and improved pond design. Ms. Gill indicated that the Dakota County HRA and Lakeville Family Housing Partnership feel that the revised site plan represents an improvement of the site layout and addresses many of the concerns raised by the Planning Commission. Mr. Kim Bretheim, project architect from Paul Madson & Associates, agreed with Ms. Gill indicating that the pond is now two feet shallower than originally proposed. Mr. Bretheim also noted that the developer has agreed to pave 2101h Street from the west plat line to Hamburg Avenue and Hamburg Avenue from 21Ot" Street to County Road 50 as a rural section. The City of .Lakeville will reimburse the developer for road paving costs. Planning Commission Meeting Minutes January 6, 2000 Page 10 The Planning Commissioners agreed that the revised site plan is an improvement to the original plan. Chair Drotning expressed appreciation for the cooperative effort of City staff and the Dakota County HRA to achieve an improved final project. Chair Drotning requested clarification on the occupancy requirements for handicapped units. Chair Drotning also requested additional information regarding building code requirements for garages for handicapped units. Mr. Bretheim stated that there are no building code requirements regarding the width of handicapped townhouse unit garages. Staff responded that they-will direct NAC to review the building code requirements for handicapped units/garages and determine if the Zoning Ordinance update should address the issue and create supplementary requirements. 00.13 MOTION by Rieb, Second by Wulff to forward to City Council the revised site plan for the Lakeville Family Housing Second Addition as submitted by the Dakota County H RA. Ayes: Skipton, Drotning, Rieb, Comer, Wulff, Bellows, Kot. Nays: 0. There being no further business, the meeting was adjourned 7:40 p.m. Respectfully submitted, onna Quintus, Rec rding Secretary ATTEST: N Karl. Drotning, Chair