Loading...
HomeMy WebLinkAbout04-15-99 City of Lakeville • PLANNING COMMISSION MEETING MINUTES April 15, 1999 The Aprii 15, 1999 Planning Commission meeting was called to order by Vice-Chair Wulff at 6;00 p.m. in the City Hall Council Chambers. Roll call of members was taken: Present: Bellows, Kot, Moates, Wulff, Rieb, Comer, Alternate Skipton. Absent: Drotning. Staff Present: Michael Sobota, Community and Economic Development Director; Frank Dempsey, Associate Planner; Ron Mullenbach, Associate Planner; Tim Hanson, Assistant City Engineer; Andrea McDowell Poehler, Assistant City Attorney; and Donna Quintus, Recording Secretary. The minutes of the April 1, 1999 Planning Commission Meeting were approved as submitted. ITEM 4: ANNOUNCEMENTS: Assistant City Attorney Poehler administered the Oath of Office to Dave Bellows. Mr. • Bellows was appointed by the City Council to a vacancy on the Planning Commission effective April 12, 1999 for the remainder of a three-year term which expires on January 1, 2002. Community and Economic Development Director Michae(Sobota indicated that Mr. Kurt Weber has withdrawn his request for an informal discussion with the Planning Commission regarding a proposed variance for his non-conforming single. family home on Lake Marion. The Commission agreed to remove Item 11.a. from the April 15, 1999 Planning Commission agenda as requested. ITEM 5: PUBLIC HEARING: Parkview Elementary ISD 196 -Conditional Use Permit Vice-Chair Wulff opened the public hearing for consideration of the application of Independent School District (ISD) 196 for a Conditional Use Permit to allow an expansion to Parkview Elementary School. Assistant City Attorney Poehler attested that the legal notice had been duly mailed and published in accordance with state statutes. Associate Planner Frank Dempsey presented an overview of the application of ISD 196 for. a Conditional Use Permit for a proposed expansion of Parkview Elementary School located at 6795 Gerdine Path in an R-2, Single Family Residential District. The proposed improvements include an approximate 7,000 square foot six-classroom addition onto the southeast side of the existing school building and expansion of the existing auxiliary (staff) and general parking lots (an increase of 25 parking spaces for a total of 100 parking stalls). Planner Dempsey noted that public and private educational institutions are permitted within an R-2 District via a Conditional Use Permit. Planning Commission Meeting Minutes April 15, 1999 Page 2 Dempsey indicated that Community and .Economic Development staff is recommending that a small berm be constructed south of the proposed parking lot expansion to enhance the existing and proposed landscape screening. Dempsey further indicated that the proposed building addition and parking lot expansions are in compliance with ordinance requirements. Representatives of Wold Architects, representing ISD 196, were present and indicated that ISD 196 has reviewed the City staff recommended conditions for approval of the proposed project and agrees to the six conditions as listed in the April 9, 1999 Planning Report. There were no commenfs from the audience. 99.31 MOTION by Bellows, Second by Skipton to close the public hearing at 6:10 p.m. Roll call vote was called on the motion Ayes: Bellows, Kot, Moates, Wulff, Rieb, Comer, Skipton. Nays: 0. Planner Dempsey and representatives from Wold Architects provided the Planning Commission with details regarding the proposed landscaping, potential need for • additional parking, and parking lot lighting. The Planning Commission. agreed to the following modifications to staff recommended conditions as follows: Condition No. 1: The site shall be developed according to the site development plan submitted by Wold Architects and Engineers dated April 5, 1999 and amended April 13, 1999. Condition No. 4: The berm shall be constructed between the proposed 20 new parking spaces and Gerdine Path. The berm shall be constructed to augment the shrub screen and additional landscaping and berm shall be provided along the proposed and existing north side of the north parking lot. 99.32 MOTION by Rieb, Second by Comer to recommend to City Council approval of the application of Independent School District 196 for a Conditional Use Permit to allow an expansion of Parkview Elementary School, 6795 Gerdine Path, in an R-2, Single Family Residential District subject to the six conditions as outlined in the April 9, 1999 Planning Report, with modifications as listed above, and approval of the Findings of Fact dated April 15, 1999. Roll call vote was called on the motion Ayes: Kot, Moates, Wulff, Rieb, Comer, Skipton, Bellows. Nays: O. ~EM 6: PUBLIC HEARING: Richard Vogen: Easement Vacation Planning Commission Meeting Minutes April 15, 1999 Page 3 . Vice-Chair Wulff opened the public hearing for consideration of the application of Richard Vogen,to vacate a portion of an existing drainage and utility easement located within Lake Villa Golf Estates 7t" Addition. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with state statutes. Associate Planner Ron Mullenbach presented an overview of the request from Richard Vogen, 17883 179t" Trail West, for the vacation of a portion of an existing 20-foot wide drainage and utility easement that extends along the shared lot line of Lots 10 and 11, Block 3, Lake Villa Golf Estates 7t" Addition. The proposed easement vacation is being requested to allow Mr. Vogen to install an in-ground swimming pool and fence as an accessory to the existing single family home. Associate Planner Mullenbach indicated that an administrative subdivision/lot combination was completed in 1998. At that time Lot 11 was split and combined with the adjacent lots (10 and 12). Anew ten-foot wide boundary drainage and utility easement was established along the new shared lot line. At the time of the administrative subdivision/lot combination, the boundary drainage and utility easement along the shared lot line between Lots 10 and 11 was not vacated due to an existing storm sewer pipe in that easement. Mr. Vogen's easement vacation request includes the relocation of the storm sewer pipe and dedication of a new drainage and utility easement alignment for the relocated storm sewer pipe. Planner • Mullenbach indicated that the storm sewer pipe relocation has been completed in accordance with City standards by Mr. Vogen. Mr. Mulvaney of Custom Pools was in attendance to answer questions and provide clarification of the easement vacation request. Mr. Mulvaney indicated that the applicant is in agreement with the conditions for approval recommended by staff. Assistant City Engineer Tim Hanson responded to questions from Commissioner Skipton regarding typical City practice for the acquisition and vacation of easements. The method proposed by Mr. Vogen for the re-establishment of the drainage and utility easement, including legal descriptions, and the relocation of the storm sewer pipe, although not typical, has been reviewed by engineering staff and has been deemed acceptable. There were no comments from the audience. 99.33 MOTION by Rieb, Second by Moates to close the public hearing at 6:25 p.m. Roll call vote was called on the motion Ayes: Moates, Wulff, Rieb, Comer, Skipton, Bellows, Kot. Nays: O. 99.34 MOTION by Kot, Second by Bellows to recommend to City Council approval of the • application of Richard Vogen for the vacation of a portion of a drainage and utility easement subject to the four stipulations listed in the April 9, 1999 planning report. Roll call vote was. called on the motion Planning Commission Meeting Minutes April 15, 1999 Page 4 Ayes: Wulff, Rieb, Comer, Skipton, Bellows, Kot, Moates. Nays: 0. ITEM 7: PUBLIC HEARING: Marcus Cable: Conditional Use Permit Vice-Chair Wulff opened the public hearing for consideration of the application of Marcus Cable for a Conditional Use Permit to allow outside storage in a B-4, General Business District. Assistant City Attorney Poehler attested that the legal notice had been duly published and mailed in accordance with state statutes. Associate Planner Frank Dempsey provided an overview of the application of Marcus Cable for a conditional use permit to allow the open and outdoor storage of ten satellite reception dishes on their property in the B-4, General Business District located at 16900 Cedar Avenue. There are seven existing satellite dishes on the site that were installed at various times between 1974 and 1982 without benefit of a Conditional Use Permit. At the time that the additional three satellite dishes were requested from the current cable television business use, it was discovered that a conditional use permit would be required to bring the current outdoor storage uses into compliance with the zoning. ordinance. Planner Dempsey indicated that in approximately 1993 Marcus Cable installed 20 spruce and deciduous trees near, their south and east property lines in response to neighborhood concerns regarding the visibility of the seven existing satellite dishes to the abutting residential district. Marcus Cable has installed seven additional spruce trees to supplement the existing screening. A portion of an existing six-foot tall chain link fence that faces Cedar Avenue and the portion that surrounds the radio tower will be replaced with an eight-foot tall board fence to maximize screening of the existing and proposed outdoor storage yard. Dempsey further noted that a survey of the property identified an encroachment of the existing north edge of the parking lot over the Faith Lutheran Church property approximately 2-3 feet at a length of approximately 195 feet. Also, a concrete pad belonging to Faith Lutheran Church encroaches over the Marcus Cable property line. Staff is recommending that these encroachments be removed and the parking lot be brought into conformance with the zoning ordinance requirement for a minimum five- foot property line setback. Mr. Rob Roeder, Operations Manager for Marcus Cable, was in attendance and indicated that Marcus Cable is currently removing all outside storage currently located within the fenced eastern area of the property. Items stored in this area are being relocated to off-site rental space. Mr. Roeder also indicated that Marcus Cable is working with representatives of the church and steps are being taken to remove the parking lot and concrete pad encroachments. . Commissioner Comer indicated he had visited the Marcus Cable site and observed debris, boxes, abandoned tires, and a deteriorating shed. Commissioner Comer questioned whether Marcus Cable intends to clean up the site. Commissioner Comer Planning Commission Meeting Minutes April 15, 1999 Page 5 further stated his opinion that the fire marshal should conduct an inspection of the premises to determine whether the contents of the boxes on the site pose a fire hazard. Community and Economic Development Director Sobota indicated that Marcus Cable, as a part of their application for a Conditional Use Permit, stated in writing that they agree to removal of all outdoor storage not approved by the Conditional Use Permit within 60 days of the approval of the permit. Sobota noted that the Conditional Use Permit is for the ten satellite dishes and no other outdoor storage will be permitted. Mr. Roeder stated that the site clean-up process has already begun and existing outside storage materials will be moved to off-site rented space. There were no comments from the audience. 99.35 MOTION by Kot Second by Moates to close the public hearing at 6:45 p.m. Roll call vote was called on the motion.. Ayes: Rieb, Comer, Skipton, Bellows, Kot, Moates, Wulff. Nays: 0. Commissioner Wulff stated she was in agreement with Commissioner Comer's observation regarding the condition of the existing shed. The Commission agreed to modify staff recommended Stipulation No. 3 and to add Stipulation No. 7 to read as . follows: Stipulation No. 3: An eight foot tall board fence shall be constructed and maintained in the locations identified on the survey and site plan prepared by Advance Surveying and Engineering and Marcus Cable dated March 26, 1999 and that fence style shall be submitted for review prior to City Council action on the Conditional Use Permit. application. Stipulation No. 7: The existing shed shall be painted to match the existing building on the site. 99.36 MorioN by Skipton, Second by Rieb to recommend to City Council approval of the application of Marcus Cable for a Conditional Use Permit to allow open and outdoor storage on property located at 16900 Cedar Avenue subject to the six stipulations as listed. in the April 9, 1999 Planning Report with a modification to Stipulation No. 3 and the addition of Stipulation No. 7 as discussed and approval of the Findings of Fact dated April 15, 1999. Roll call vote was called on the motion. Ayes: Comer, Skipton, Bellows, Kot, Moates, Wulff, .Rieb. Nays: 0. TEM PUBLIC HEARING: Wensmann Realty, Inc. Easement Vacation Vice-Chair Wulff reconvened the ublic hearin for consideration of the a lication of p g pp Wensmann Realty, Inc. for the vacation of a portion of a public drainage and utility Planning Commission Meeting Minutes April 15, 1999 Page 6 easement located on the west side of Homestead Court, north of Heritage Drive. This public hearing is continued from the April 1, 1999 Planning Commission meeting. Concurrently, Vice-Chair Wulff opened the public hearing for consideration of the application of Wensmann Realty, Inc. for a Planned Unit Development Amendment to allow a modification to the location of the condominium foundation footprints on Lots 7 and 8, Block 1, Heritage Square Addition. Assistant City Attorney Poehler attested that the legal notices had been duly mailed and published in accordance with state statutes. Commissioner Skipton excused himself from discussion and voting on this issue because of his involvement in the Heritage Square Addition development project. He was the surveyor on the project which creates a conflict of interest. Associate Planner Mullenbach stated that Wensmann Realty is proposing to shift the condominium foundation footprints on Lots 7 and 8, Block 1, eight feet to the north to minimize the height of the retaining wall and reduce the slope between the retaining wall and the condominium building on the south side of Lot 7. The Heritage Square Addition PUD requires 29-foot setbacks between condominium buildings. In order to .maintain the required 29-foot setback, the developer is proposing to move the building (on Lot 8) eight feet to the north into the existing easement; consequently requiring a vacation of a portion of the existing drainage and utility easement. The easement area proposed to be vacated consists of the southerly eight feet of the ten-foot wide easement that is located on the north side of Lot 8. Assistant-City Engineer Tim Hanson has reviewed the easement vacation request and has identified that no public utilities lie within the area proposed to be vacated. All utility companies have responded that they have no facilities in the easement area proposed to be vacated. Community and Economic Development staff recommend approval of the Planned Unit Development Amendment and drainage and utility easement vacation as requested by Wensmann Homes subject to the three stipulations listed in the April 9, 1999 Planning Report. Josephine Balsis, 20074 Hoya Court, stated she did not have a problem with moving the building eight feet to the north, however, Ms. Balsa expressed concern that the proposal to move the building approximately 12 feet to the west will result in less green space in her rear yard area. Assistant City Engineer Tim Hanson noted that the distance between the existing building and the proposed. building will be approximately 150 feet. Barb Brown, 20066 Hoya Court, expressed concern that her view from her rear yard to • the north would be impacted should the proposed building location be moved north the proposed eight feet.. Associate Planner Mullenbach demonstrated on a drawing Planning Commission Meeting Minutes April 15, 1999 Page 7 • showing ultimate development of the site that there would be minimum impact on Ms. Brown's view with the proposed relocation of the building on the site. Ms. Brown further expressed concern for pedestrian as well as vehicular safety issues with .regard to speed and design issues with the private streets in the Heritage Square. Kelly Murray, representing Wensmann Realty, Inca, indicated that Wensmann Realty is aware of expressed concerns of the Heritage Square residents regarding speed and road design. Wensmann representatives have met with City staff and have discussed options that can be done to address these issues. Options to be discussed include the reduction of the size of the current retaining wall at the entrance to provide improved visibility, striping of private. streets for clearer delineation of center lines and turning radii, and/or installation of 15 MPH speed limit signs to slow traffic entering and exiting the site. Ms. Murray indicated that a neighborhood meeting is being organized by the developer to solicit input from the homeowners on what options they prefer for their community to enhance their safety. There were no further commentsfrom the audience. 99.37 MOTION by Bellows, Second. by Rieb to close the public hearing at 7:15 p.m. .Roll call vote was called on the motion Ayes: Bellows, Kot, Moates, Wulff, Rieb, Comer. Nays: 0. Abstain: Skipton (due to conflict of interest). Associate Planner Mullenbach provided the Commissioners with further clarification regarding the purpose for relocation of the future building. 99.38 MOTION by Rieb, Second by Bellows to recommend to City Council approval of the applications of Wensmann Realty, Inc. for the vacation of a portion of a public drainage and utility easement on Lot 8, Block 1, Heritage Square Addition and a Planned Unit Development Amendment for Heritage Square Addition to allow a modification to the location of two condominium buildings on Lots 7 and 8, Block 1, Heritage Square Addition subject to the three stipulations listed in the April 9, 1999 Planning Report. Rol} call vote was called on the motion. Ayes: Kot, Moates, Wulff, Rieb, Comer, Bellows. Nays: 0. Abstain: Skipton (due to conflict of interest). Commissioner Skipton returned to his chair on the dais. ITEM 9. PUBLIC HEARING: Andersons Century Farm Third Addition . Vice-Chair Wulff opened the public hearing for consideration of the application of Shamrock Development, Inc. for the Andersons Century Farm Third Addition Planning Commission Meeting Minutes April 15, 1999 Page 8 preliminary plat. Assistant City Attorney Andrea McDowell Poehler attested that the legal notice had been duly mailed and published as required by state statute. Associate Planner Frank Dempsey presented an overview of the application submitted by Mr. -James Stanton, Shamrock Development, Inc., for the preliminary and final plat of Andersons Century Farm Third Addition. The Andersons Century Farm Third Addition consists of five single family lots on land located at 178t" Street and Icon Traif and includes the replatting of Outlot D, Andersons Century Farm Second Addition ( a temporary ponding area) with Lot 1, Block 9 into four residential lots and the replat of Lot. 9, .Block 3, and Outlot C, Andersons Century Farm Second Addition into one residential lot. The 2.06-acre site is zoned R-2, Single Family Residential District and all five lots meet the R-2 District lot area and width requirements. There were no comments from the audience. 99.39 MorioN by Kot, Second by Moates to close the public hearing at 7:25 p.m. Roll call vote was called on the motion. Ayes: Moates, Wulff, Rieb, Comer, Skipton, Bellows, Kot. Nays: 0. 99.40 MOTION by Rieb, Second by Kot to recommend to City Council approval of the Andersons Century Farm Third Addition preliminary and final plat subject to the recommendations of the Engineering Department staff as listed in the April 5, 1999 Engineering Report. Roll call vote was called on the motion. Ayes: Wulff, Rieb, Comer, Skipton, Bellows, Kot, Moates. Nays: 0. There being no further business, the meeting was adjourned at 7:30 p.m. Resp ctfully submit , Donna Quintus, Rec rding Secretary ATTEST: en y Wu ff, ce- hair •