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HomeMy WebLinkAbout11-02-00 :CITY aF LAKEVILLE ...Planning Commission Meeting Minutes NOVEMBER 2, 2000 The November 2, 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,. Rieb, Drotning, Comer, Wulff. Absent: Skipton, Kot Staff Present: Arlyn trussing, Director of Community and Economic, Development; Daryl Morey, City Planner; Ron. Mullenbach, Associate Planner; Andrea McDowell Poehler, Assistant. City Attorney; and Penny Brevig, Recording Secretary. The October 19, 2000 Planning Commission meeting minutes .were approved as presented. ITEM 4. ANNOUNCEMENTS. Community and Economic Development Director Arlyn trussing stated that he had .distributed to the Planning Commission members a memo regarding a zoning . ordinance change, which could be discussed with the Planning Commission under Item 8: New Business. C vP Na. ITEM 5. PUBLIC HEARING:' GILBERT AND JEANNIE RIEHM CONDITIONAL USE PERMIT air.. Chair Drotning opened the public hearing. for consideration of the application of Gilbert and Jeannie Riehm for a Conditional Use Permit to allow accessory building floor area. in excess of 656 square feet in the RM-1, Medium Density Residential District, located at 10634 - 173rd Street West. .Assistant City Attorney Poehler attested that the legal notice had been mailed and published in accordance with state statutes.. Gilbert Riehm stated .that he and his wife, Jeannie, would like to construct an .attached. garage/house. addition. The addition. will have a 33' x 30' 3-stall tuck- under garage with..a great room above.. Mr. Riehm stated that the existing house was constructed in 1945, but he has completed extensive remodeling over the last three years. Associate Planner Ron Mullenbach presented an overview of the Conditional Use Permit application submitted by Gilbert and Jeannie Riehm. The Riehms are • proposing. to construct a 990 s.f. attached garage/house addition on a 1.96 acre. lot at 10634 -173rd Street..West. The combination of the proposed attached garage and Planning Commission Meeting November 2, 2000 Page 2 • existing detached .shed would be greater than the 656 square feet of accessory building floor .area permitted in the RM-1, Medium Density Residential .District... The parcel is currently served by public sanitary sewer and water systems. Mr. Mullenbach stated that a conditional use permit is required to allow total accessory building floor area greater than 656 square feet in the RM-1 District. The proposed 30' x 33' (990 square foot) attached garage andthe existing 16' x 20' (320. square foot). detached accessory building would bring the total accessory building floor area to 1,310 square feet. Mr. Mullenbach stated that the surrounding zoning to the north, south, east and. west is RM-1 District. Existing land' uses include single family homes on large lots. Mr. Mullenbach :stated that the Riehm property is located off of a rural section, .unpaved roadway (173=d Street West). The existing right-of-way is 33 feet and was dedicated with. the Argonne Farms plat. ' Mr. Mullenbach indicated that the ultimate right-of-way width will be 60 feet. Mr. Mullenbach stated that the proposed attached garage/house addition. will be • located east. of the existing house. He indicated that the Riehms .are requesting the increased accessory building floor area to accommodate athree-stall garage to be used for the storage. of personal vehicles. The applicants have agreed that no home occupation .may take place in either the attached garage or detached accessory building. Mr. Mullenbach stated that the existing house was constructed in 1945 and has'been refurbished by .the Riehms .over the past four years. The. existing home. and detached shed exceed all setback requirements. The .proposed attached garage/house addition will be set back approximately 45 feet from the front (northerly) lot line, 10:5 feet from the side (easterly) lot line, and approximately 510. feet from the rear (southerly) lot line in excess of all setback requirements of the RM-1 District. Mr. Mullenbach indicated that the existing and proposed improvements on the property meet or exceed all lot requirements of the RM-1 District. Mr. Mullenbach has attached to the October 26, 2000 Planning Report a list of approved conditional use permits for accessory building .floor area exceeding the maximum requirements since. 1980 (Exhibit F). Mr. Mullenbach handed out a revised list at the Planning Commission meeting which included the most recent accessory building CUP, Most conditional use permits that have been approved Planning Commission Meeting November 2, 2000 Page 3 • have been for oversized detached accessory buildings. The Riehm request is unique in that they are proposing to construct an attached garage. Mr. Mullenbach. stated that Mr. Don Patton of D.R. Horton, Inc. -Minnesota .has been assembling parcels in this area for a future medium density residential development. The Riehm parcel could be a pivotal parcel in a redevelopment plan for the area. Mr. Mullenbach indicated that there is a joint .property line dispute between the Riehms and their neighbor, Floyd. Kragh (10694 - 173rd Street West).. The property line under dispute is the Riehms' westerly property line. Mr. Kragh is claiming adverse possession over a portion of property .enclosed by a :barbed wire. fence he constructed approximately thirty years ago. City staff suggested Mr: Kragh contact an attorney to .assist in settling the property line dispute. The dispute has no .bearing on the conditional use permit request. _ Associate Planner Mullenbach stated that should the Planning Commission recommend approval of the Conditional Use Permit for Gilbert and Jeannie Riehm, Community .and Economic Development Department staff recommends compliance with the four stipulations listed in the October 26, 2000 Planning Report. Chair Drotning asked if there were any comments from the audience. 1VIr. Don Patton, from D.R.. Horton, Inc. -Minnesota presented a petitionfor Public Improvement on 173rd Street West. The letter was a formal petition to the City of Lakeville to complete the public improvements -paving, curb and gutter, water, sanitary sewer, storm sewer, and related .public work -along 173rd Street West from Kenrick :Avenue to Joplin Avenue. The letter also states that D.R. Horton, Inc. will pay for whatever assessments that might be incurred immediately upon presentation of the assessment. Mr. Patton stated .that he was: here tonight to ask for denial on the Conditional Use Permit for Gilbert and Jeannie. Riehm. Mr. Patton showed a layout of a proposed new plat for the redevelopment of an.area near the I-35/C.R. 50 interchange, which showed the Riehm's property in relation to the concept plan. D.R. Horton is trying to assemble these lots for their plat. Mr. Patton stated that he hasri t worked out all the details yet, but the Riehm's would be a barrier to the proposed plat. • Planning Commission Meeting November 2, 2000 Page 4 Chair.. Drotning and Commissioner Bellows concurred that there wasn't any ...compelling evidence ~to show that the Planning Commission should deny this CUP as it meets Zoning Ordinance requirements. Commissioner Wulff questioned the staff on how the :assessments affect the Riehm's. Mr. Grossing stated that typically the .streets are done by the developer with the redevelopment. Mr. Grossing indicated that it is not in .the City's 5-Year Capital Improvement Plan to upgrade 173rd Street. Chain Drotning questioned :what legal liability the City of Lakeville had if the Riehm's home .diminished.. the value of the new development.. Assistant City Attorney Poehler .stated that there would be no liability to the City. It is a permitteduse in that area. Chair Drotning stressed. to the: Riehm's that the developer can. develop the parcels adjacent to the Riehm's .property by pursuing a subdivision application, but that none of this is drivenby the City of Lakeville. Chair Drotning explained the Planning Commissions options: 1) the .Public • Hearing could be continued to .the November 16, 2000 Planning. Commission Meeting: to .allow the Riehm's and D.R. Horton to further discuss D.R. Norton's purchase of the property; or 2) .the Planning Commission could vote tonight on the CUP application. Mr. Riehm stated he was not in favor of continuing the public hearing and he requested the Planning Commission vote on the CUP request tonight. Commissioner Wulff suggested the Riehm's keep .the dialogue open. with D.R.: Horton even if the CUP is granted. Mr. Riehm stated that he .would not be opposed to the D.R. Horton townhouse development. He stated he would enjoy the additional families the townhouse development would bring. 00.120 MOTION by Wulff, Second by Bellows to close the public hearing ,at 6:40 pm. Ayes: Bellows,: Rieb, Drotning, Comer, Wulff. Nays: 0. .There were: no further comments from' the Planning Commission. Planning Commission Meeting November 2, 2000 Page 5 00.121 MOTION by Wulff, Second by Rieb to recommend to the City Council approval of the Conditional Use Permit for Gilbert and Jeannie Riehm to allow accessory building floor area in excess of 656 square feet in the R1V1-1, .Medium Density Residential District, located at .10634 - 173rd Street West, subject to the four stipulations listed in the October 26, 2000 Planning Report and approval of the Findings of Fact dated November 2, 2000. Ayes:. Rieb, Drotning, Comer, Wulff, Bellows. Nays: 0. ITEM 6. PUBLIC HEARING: MARION FIELDS FOURTH ADDITION Chair Drotning opened the public hearing for consideration of the application of Shamrock. Development and City staff for the vacation of permanent and temporary public bike, pedestrian, utility, drainage, and sanitary sewer easements in Marion Fields Fourth Addition. Assistant City Attorney Poehler attested that the legal notice had been mailed and published in accordance with Minnesota State Statutes.. City.. Planner Daryl Morey presented the Planning Commission report and .stated • that in conjunction with .the Marion Fields Fourth Addition preliminary and final. plan and consistent with past practice, Shamrock Development, Inc. and City staff are requesting approval of the vacation of all. of the existing easements that lie ...within the preliminary and final plat boundaries. Mr. Morey stated that the proposed vacation includes permanent and temporary public bike, pedestrian, utility, drainage, and sanitary sewer easements. He indicated that the easements will be replaced by permanent street right-of-way, drainage and utility, and pedestrian easements on the final plat of Marion Fields Fourth Addition. Mr. Morey stated that Community and Economic Development Department Staff recommends approval.. of the vacation of permanent .and temporary public bike, pedestrian, utility, drainage,: and sanitary sewer easements in Marion Fields Fourth Addition. as shown on Exhibit B of the October 26, 2000 Planning Report. Chair Drotning opened discussion for public comment. There were no comments. from the audience. 00.122 Motion by Wulff, Second by Comer to close the public hearing at 6:55 p.m. Ayes: Drotning, Comer, Wulff, Bellows, Rieb. Nays:O Planning Commission Meeting November 2, 2000 Page 6 There were no further comments. 00.123 MOTION by Comer,. Second by Rieb to recommend to City Council approval. of the application of Shamrock Development, Inc. and City staff of the vacation of permanent and temporary public bike, pedestrian, utility, drainage, and sanitary sewer easements in the Marion Fields Fourth Addition. Ayes: Comer, Wulff, Bellows, Rieb, Drotning Nays: 0 Item 7: CITY OF LAKEVILLE'S ADULT USE ANALYSIS/ZONING ORDINANCE STANDARDS On June. 15, 1999, the City Council adopted an ordinance placing temporary restrictions on the siting of sexually oriented uses within any zoning district in the city. The moratorium, which was extended to January 1, 2001, was adopted to allow the City time to prepare and adopt a new Zoning Ordinance and Zoning Map. consistent with the 1998 Comprehensive Land Use Plan Update. The new Zoning Ordinance and Zoning Map were adopted by the. City Council on July 17, 2000. . Mr. Alan Brixius from Northwest Associated Consultants (NAC) attended tonight's Planning Commission meeting to discuss the City of Lakeville's Adult Use Analysis/Zoning Ordinance Standards in relation. to Chapter 34 of the Zoning Ordinance. Mr. Brixius stated that the standard used in NAC's analysis was based on .the Renton vs. Playtime Theaters U.S. Supreme .Court case. Mr. Brixius indicated that this case established that five (5) percent of a community's total land area should be eligible for adult use activity. Mr. Brixius stated that his Planning Report dated September 28, 20001ists which zoning .districts the new Zoning Ordinance permits principal adult uses. In addition, Mr.'Brixius stated the Zoning Ordinance requires a 300 foot separation between any principal adult use and the land uses listed in his September 28, 2000 Planning :Report. Mr. Brixius stated that his analysis of the existing -Zoning Map: and Zoning Ordinance requirement determines that there is a 5.07% opportunity area for sexually oriented uses in the city. ' As such, Mr. Brixius recommended no modification to the current Zoning Ordinance requirements far sexually oriented uses. He also recommended that the current moratorium be lifted.. Planning Commission Meeting November 2, 2000 Page 7 Commissioner Bellows questioned what would happen to the 5% opportunity area calculation. if a daycare use located in a commercial industrial district identified as an opportunity area. Mr. Brixius stated .that is a ..possibility; however, .there are options available to increasethe opportunity area for sexually oriented uses to maintain the 5% figure.: These options are: 1. Allow sexually oriented uses in .additional zoning districts. He did not recommend this option because the available zoning districts. (i.e., C-1) are lower intensity .districts located in residential areas. 2. Increase the. land area of the existing districts that allow sexually oriented uses. Mr. 'Brixius stated that the future subdivision of large lots in the zoning districts that allow sexually oriented uses will increase the 5 opportunity area figure. 3. A reduced 300 foot buffer setback from the uses listed in Chapter 34 of the Zoning Ordinance. Mr. 'Brixius .stated that is small compared with other • cities standards. He did not recommend this option... 4. Reducethe list of buffered uses. However, staff feels the list of buffered uses are appropriate and does not recommend this option. Mr. Brixius stated that, generally, there are two areas of thought regarding sexually. oriented uses.. a) cluster them together so you have one. area of the community with sexually oriented uses; or b) disperse them throughout the city. .Staff recommends dispersing sexually oriented uses so they are not concentrated in one part of the city. Mr. Morey stated that an existing retail center with multiple tenants could have no sexually oriented .uses today,. but a sexually oriented use could locate there in the future if it met the requirements of Chapter 34 of the Zoning Ordinance. However, Commissioner Wulff. stated that a daycare use could not move into a retail center if a sexually oriented use was already located there. Assistant City Attorney Poehler stated that the City needs to continually monitor sexually oriented use opportunity areas so we dori t drop below 5 i Planning Commission Meeting November 2,..2000 Page 8 00.124 Motion by Bellows, Second by Comer to recommend to the City Council no modification to the existing Zoning Ordinance or Zoning Map as it pertains to sexually oriented uses and lifting the current moratorium; and to recommend the Planning Commission re-analyze the 5 % opportunity area in 2002 in conjunction with the review of the Zoning Ordinance and Zoning map as directed by the City Council. Ayes: Bellows, Rieb, Drotning, Comer, Wulff Nays::. 0 Item 8. NEW BUSINESS Community & Economic Development Director Grussing informed the Planning Commission that City Staff has reviewed concept plans .for several .townhouse projects and discussed issues with the developers. He stated that the developers have had difficulty meeting the requirement of no more than 6 units on each side of a private drive. The developers have requested more flexibility in the number of units per side on a private drive. Mr. Grussing stated that the current requirement reduces flexibility in environmentally .sensitive areas and. can lead to a very rectilinear subdivision design. He suggested the Planning Commission consider scheduling a work session with a few .developers to discuss possible options. Commissioner Wulff suggested the possibility of a reduced right-of-way for townhouse streets, especially where sidewalks are not required. Chair Drotning suggested that staff review the upcoming. Planning Commission meeting schedule and forward a recommendation for a work session format-and date at the November 16, 2000 meeting. OLD BUSINESS Chair` Drotning wanted to be sure that alI members of the Planning Commission had watched the video tape from the League of Minnesota Cities entitled "Tuesday Night Council Meeting' which was given to them after. the .September 21, :2000 Planning Commission meeting. Chair Drotning would like to discuss: this video. at the next Planning Commission meeting on November 16, 2000. .Planning Commission Meeting ..November 2, 2000. Page 9 .There being no further business, the meeting was adjourned at 7:10 p.m. Respectfully submitted, Penny B vi .Recording Secre ry ATTEST:.. .Karp Drotning, Chair