HomeMy WebLinkAbout10-21-99 City of Lakeville
• PLANNING COMMISSION MEETING MINUTES
October 21, 1999
The October 21, 1999 Planning Commission meeting was called to order by Chair
Drotning at-6:00 p.m. in the City Hall Council Chambers.
Roll call of members was taken:
Present: Bellows, Moates, Drotning, Rieb, Comer, Wulff, Ex-Officio Tim Knutson.
Absent: Kot.
Staff Present: Daryl Morey, City Planner; Ron Mullenbach, Associate Planner; .Tim
Hanson, Assistant City Engineer; Joel Jamnik, Assistant City Attorney;
and. Donna Quintus, Recording Secretary.
The October 7, 1999. Planning Commission Meeting minutes were approved as
presented.
ITEM 4: ANNOUNCEMENTS
City Planner Daryl Morey indicated that a summary of the actions of the Environmental
Affairs Committee (EAC) noting their recommendations for the Marion Fields Third
Addition and Kelleher Construction CUP being considered by the Planning Commission
• at this meeting had been distributed to the Planning Commission.
ITEM 5: Consent Agenda
99.119 MOTioN by Wulff, Second by Comer to recommend to City Council approval of the
October 21, 1999 Planning Commission Consent Agenda as follows:
5A. Nancy Guenther Extension of Special Home Occupation Permit:
Recommend to City Council approval of the application of Nancy Guenther for a
three-year extension of a Special Home Occupation permit to allow the continued
operation of a hair salon in her single family residence located at 17091 Fairhill
..Avenue.
Ayes: Bellows; Moates, Drotning, Rieb, Comer, Wulff.
Nays: 0.
ITEM 6: Public Hearing (continued from 10-7-99): Shamrock Development,
Inc./Norbert Jensen -Marion Fields Third Addition Preliminary/Final Plat,
Rezoning and Conditional Use Permit
Chain Drotning reconvened the public hearing for consideration of the following: 1)
Marion Fields Third Addition preliminary and final plat; 2) rezoning; and 3) Conditional
Use Permit.
Mr. James Stanton, representing Shamrock Development, Inc., :presented the application
for a preliminary and final plat of Marion Fields Third Addition. The 4.49-acre site is
located on the east side of Dodd Boulevard, south of 207th Street and consists of eight
(8) single family lots. Mr. Stanton also indicated that Shamrock Development is
Planning Commission Meeting Minutes
October 21, 1999
Page 2
requesting a rezoning of the subject property from R-2, Single Family Residential District
to R-2A, Single Family Residential District.
Mr. Stanton further stated that, in conjunction with the plat and rezoning applications, Mr.
and Mrs. Norbert Jensen are requesting a conditional use permit to allow the construction
of a detached accessory building greater than 1,100 square feet in area in the R-2A
District. The Jensen's existing house with attached two-car garage and two detached
storage buildings are located within the Marion Fields Third Addition final plat boundaries.
Mr. Jensen is proposing to remove the existing two detached buildings which are located
in the street right-of-way of Ibex Avenue which is proposed to be extended and provide a
connection between Hurley Avenue and Huntsville Trail within the plat. Mr. and Mrs.
Jensen are requesting the replacement of the two buildings with one detached 32' x 52'
(1,664 squarefeet) accessory building to be located in the southwest corner of proposed
Lot 5, Block 1 of the Marion Fields Third Addition final plat. Upon final approval of the
.Marion .Fields final plat, this lot will serve as the new lot for the Jensen's existing house.
City Planner Daryl Morey reminded the Commission that, at the request of Shamrock
Development, Inc. and Norbert Jensen, the public hearing for the Marion Fields Third
Addition was continued. from the October 7th meeting to allow time to complete the
preparation of plans for the proposed detached accessory building conditional use permit
portion of this request.
City Planner Morey presented the Planning Report for the applications of Shamrock
Development, Inc. and Mr. and. Mrs. Jensen for the preliminary and final plat of Marion
Fields Third Addition, rezoning, and conditional use permit.
City Planner Morey noted that the subject property is currently zoned R-2, Single Family
Residential District which requires a minimum'100 foot lot width and 15,000 square foot
lot area. The developer is requesting a rezoning to R-2A, Single Fami y Residential
which allows an 85-foot lot width and 11,000 square foot minimum lot area. City Planner
Morey indicated that the proposed Marion Fields Third Addition final plat consists of eight
(8) single family lots and one outlot. All proposed lots meet or exceed the minimum lot
requirements for the R-2A, Single Family Residential District. Planner Morey noted that
Lot 2, Block 1 lot depth is less than the required 150 feet for double frontage lots abutting
minor arterials (Dodd Boulevard); however, the City Council can approve the lot depth
with the preliminary and final plat provided there is sufficient depth to accommodate the
required berm/landscape buffer screen. Outlot A, located on the north side of the plat,
includes an existing trail. The developer will deed Outlot A to the City at no cost. The
proposed rezoning is consistent with the 1998 Comprehensive Guide Plan Update and
the .1998. Strategic Growth Management Task Force recommendations.
City Planner Morey indicated that the preliminary and final plat of Marion Fields Third
Addition. consists of the platting of Outlot A, Marion Fields and two (2) metes and bounds
description parcels into eight single family lots. A 0.72-acre metes and bounds parcel.
located in the northwest. corner of the site is owned by the City of Lakeville. The property
was purchased. by the City from the Jensens in 1986 for the construction of the Lake
Marion outlet channel. The outlet has since been diverted to a large storm sewerpipe
Planning Commission Meeting Minutes
October 21, 1999
Page 3
within Dodd Boulevard and the outlet no longer extends across this parcel. The City is
currently negotiating the sale of that property to the developer to include in the Marion
Fields. Third Addition preliminary and final plat.
City Planner Morey stated that if the Planning Commission recommends approval of the
preliminary and final plat of Marion Fields Third Addition, the rezoning of the subject
property from R-2 to R-2A, and approval of the sale of the City-owned parcel to the
developer staff recommends compliance with the 11 stipulations listed in the October 15,
1999 Planning Report.
City Planner Morey noted that Norbert and Shirley Jensen own. the second metes and
bounds parcel which is the site of their existing house with attached garage and two
detached storage buildings. The Jensen house will be located on Lot 5, Block 1, Marion
Fields Third Addition. The Jensen's driveway access will be required to be .relocated
from Dodd Boulevard to proposed Ibex Avenue within the plat. In addition, the Jensen's
existing house must be connected to City sanitary sewer and water as soon as it is
available with the development of Marion Fields Third Addition.
City .Planner Morey indicated that the Jensen's are proposing to construct a new 1,664
square foot detached accessory building to replace the two existing storage buildings
currently on the property. Mr. Jensen has indicated that the proposed new accessory
structure would provide storage for his antique cars, personal recreational vehicles, a
• third car, and lawn maintenance equipment which are currently accommodated within the
two existing storage buildings. The proposed total accessory building area is 2,126
square feet which includes the existing 462 square foot attached garage and the
proposed 1,664 square foot. detached accessory building. The total existing accessory
building area is 2,352 square feet.
City Planner Morey directed the Commission's attention to Exhibit O of the planning
report which lists all accessory building conditional use permits that have been approved
by the City since 1980. Mr. Morey noted that the City has not approved a conditional use
permit for an accessory building of this size in the R-2 District for a site under two (2)
acres in size. According to City records, conditional use permits for oversized accessory
buildings in the R-2 District have been granted to properties that are at least two (2) acres
in size and are located in an area surrounded by similar sized parcels. Mr. Morey noted
that the Jensen property will be surrounded by single family residential uses on similarly
sized lots (11,000 - 23,000 square feet).
City Planner Morey stated that if the Planning Commission recommends approval of the
conditional use permit request to allow the construction of an accessory building greater
than 1,100 square feet in area in the R-2A District, staff recommends compliance with the
additional eight (8) stipulations for a total of 19 stipulations listed in the October 15, 1999
Planning Report.
Chair Drotning opened the hearing for public comment.
• There were no comments from the audience.
Planning Commission Meeting Minutes
October 21, 1999
Page 4
Commissioner Bellows excused himself from his chair at 6:35 p.m.
99.120 MOTION by Wulff, Second by Rieb to close the public hearing at 6:45 p.m.
Ayes: Moates, Drotning, Rieb,. Corner, Wulff.
Nays: 0.
Chair Drotning questioned if the applications for the Marion Fields Third Addition
preliminary and final plat and rezoning are contingent on the approval of the Conditional
Use Permit forthe accessory storage building. Mr. James Stanton responded that the
plat would probably not go forward if the conditional use permit is denied. Chair Drotning
suggested that,. because the CUP was critical to the Marion Fields Third Addition project,
the Commissioners should discuss the CUP application prior to the plat and rezoning
applications.
The Commission members expressed their agreement that they were not comfortable
with the size and exterior of the accessory building as proposed. They agreed that a
wood frame construction with siding and asphalt shingles to match the existing home and
future surrounding single. family structures was preferable to the proposed metal building
with a metal roof.. The Commission stated they would also prefer that the accessory
storage building be downsized to be more in character with the existing and future
residential neighborhood.
• Mrs. Jensen stated that the reason the existing buildings were being removed was to
accommodate the street for the Marion Fields Third Addition plat. She asked if the City
could condemn their property to put the street through if the Jensens decided to keep the
existing buildings.
Assistant City Attorney Jamnik indicated that the City Council has the authority to
condemn properties in the interest of public safety. and in accordance with state and
federal statutes, but that it is not Gity policy in instances such as this. City policy requires
the developer o construct the public improvements associated with a development
request.
The Planning Commission noted that there are several temporary cul-de-sacs within the
City that are dependent upon future development to complete street connections to
contiguous neighborhoods. The Commission agreed that there is no urgency at this time
to construct the subject street and they indicated they would not object if the Jensens
continued to use their property as it exists today. If Shamrock Development, Inc. and the
Jensens were to pursue the platting of Marion Fields Third Addition, the Commission
indicated they would be willing to consider a modification to the CUP request that would
include a downsizing of the building, wood frame construction with siding and roof to
match the existing and surrounding residential structures, and appropriate
screening/landscaping.
. Mrs. Jensen questioned the ownership of the drainage and utility easement that was no-
longer needed for the channel outlet to Lake Marion indicating she believed that the land
should revert back to her ownership. City Planner Daryl Morey stated that the City has a
Planning Commission Meeting Minutes
October 21, 1999
.Page 5
• Certificate of Title showing the City of Lakeville as owner of the property.. In the case of
the Hammer property to the east of the Jensen property, the Lake Marion outlet was
located within an easement that was recently vacated with the underlying land owned by
the Hammers. When that easement was vacated, the property still belonged to.the
.Hammer family.
Mr. Stanton, Shamrock Development, Inc., formally requested the Planning Commission
table action and grant an extensioh to the Marion Fields preliminary and final plat and
rezoning applications until Mr. and Mrs. Jensen consider whether to.pursue or withdraw
their CUP application. Mr. Jensen requested that the Planning Commission table action
and grant an extension to his CUP application to allow him time to consider what action
he will pursue regarding this request. Mr. Stanton and the Jensens signed a written
request to extend the rezoning and CUP application past the 60-day action period.
99.121 MOTION by Rieb, .Second by Comer to table action on the Marion Fields Third Addition
preliminary and final plat, rezoning, and CUP application related to the Marion Fields
Third Addition plat as requested.
Ayes: Drotning, Rieb, Comer, Wulff, Moates.
Nays: 0.
Chair Drotning called for aten-minute recess. Chair Drotning reconvened the October
21, 1999 Planning Commission meeting at 7:45 p.m.
•
..ITEM 7: Public Hearing: John & Tracy Barsness -Conditional Use Permit
Chair Drotning opened the public hearing for consideration of the application of John and
Tracy Barsness for a Conditional Use Permit to allow the expansion of anon-conforming
single family home in the R-3, High Density Single Family Residential Distric#. Assistant
City Attorney Jamnik attested that the legal notices had been duly published and mailed
in accordance with state statutes.
Mr. John Barsness, 20705 Hollins Avenue, presented his application for a Conditional
Use Permit (CUP) to allow the construction of a 2-'h car attached garage and a 16' x 32'
addition onto the rear of his existing home. Mr. Barsness indicated that the-entire home.
improvement project includes the removal of an existing detached garage currently
located in the southwest corner of his lot, landscaping, re-siding, and window.
replacement.
Mr. Barsness indicated that he was in agreement with the conditions for approval of the
CUP as recommended by staff in the October 15, 1999 Planning Report; however, he
requested consideration that the $1,000 cash escrow be reduced.
Associate Planner Ron Mullenbach presented the Planning Report for the application of
John and Tracy Barsness for a CUP to allow an expansion of anon-conforming single
• family home located at 20705 Hollins Avenue in the R-3, High Density Single Family
Residential District. Mr. Mullenbach indicated that the. house is currently legal non-
conforming in terms of the existing front and side yard setbacks. The house is located
Planning Commission Meeting Minutes
October 21, 1999
Page 6
• 21.7 feet from the front (east along Hollins Avenue) property line and eighf (8) feet from
the side yard (north along 207t" Street) property line. The R-3 District requires a 30-foot
front yard setback and 20-foot side yard setback for a corner lot abutting a public right-of-
way. The proposed house and garage addition will meet all required building setbacks
for the R-3 District.
Associate Planner Mullenbach indicated that the $1,000 cash escrow is being required to
ensure the removal of an existing hedgerow within the sight visibility triangle at the
intersection of 207t" Street and Hollins Avenue in the northeast corner of the lot, paving
of the driveway, and removal of the existing detached garage. Mr. Mullenbach noted that
the cash escrow can be reduced and reimbursed to Mr. Barsness as each of these items
are completed. Also, the initial cash escrow may be reduced. if these items are
..completed prior to City Council action on the CUP.
Associate Planner Mullenbach stated that if the Planning Commission approves the CUP
application, staff recommends compliance with the eight (8) stipulations listed in the
October 15, 1999 Planning Report.
Chair Drotning opened discussion to hear comments from the public.
Ms. Donna Sanden, 20710 Hollins: Avenue, stated her support for the plan as proposed
and indicated she was looking forward to the completion of the improvement project. for
• the Barsness property. Ms. Sanden questioned the proposed timeline for the project and
estimated completion date.
Mr. Barsness indicated the proposed addition and alf exterior renovations should be
completed within three months after. it begins. However, Mr. Barsness noted that the
inside remodeling may not be completed within that time frame. Chair Drotning indicated
that completion of the inside remodeling project did not appear to be an issue for the
Planning Commission, but that the exterior improvements, including removal of existing
rubbish in the yard, should be completed in a timely manner.
There were no further comments from the audience.
99.122 .MOTION by Rieb, Second by Moates to close the public hearing at 8:05. p.m.
Ayes: Rieb, Comer, Wulff, Moates, Drotning.
Nays:. 0.
To address the concerns of Ms. Sanden and the request of Mr. Barsness, the Planning
Commission agreed to the following amendments to the staff recommended stipulations:
• Stipulation No. 4 shall be revised to read: A $250.00 cash escrow shall be
submitted to guarantee that the detached garage shall be removed from the
property no later than June 1, 2000.
• • Stipulation No. 5 shall be revised to read: A $500.00 cash escrow shall be
submitted to guarantee that the driveway is paved and all proposed exterior
renovations on the house are completed no later than June 1, 2000.
Planning Commission Meeting Minutes
October 21, 1999
Page 7
i Stipulation No. 6 shall be revised to read: A $250.00 cash escrow shall be
submitted to guarantee that the hedgerow is brought into conformance with the
30-foot sight visibility triangle requirements to .the Zoning Ordinance no later
than June 7, 2000.
• Stipulation No. 7 shall be revised to read: No home occupation or business related
use shall occur within any accessory building on the property.
99.123 MQTION by Wulff, Second by Rieb to recommend to the City Council approval Of the
application submitted by John and Tracey Barsness for a Conditional Use Permit to allow
an expansion of anon-conforming single family home located at 20705 Hollins Avenue
subject to the eight (8) stipulations recommended by staff and listed in the October 15,
1999 Planning Report, as amended, and approval of the Findings of Fact and
Recommendations dated October 15, 1999.
Ayes: Comer, Wulff, Moates, Drotning, Rieb.
Nays: 0.
ITEM 8: Public Hearing: Appro Development, Inc., Kelleher Construction, and Airlake
Development, Inc.
Chair Drotning opened the public hearing for consideration of the application of Appro
Development, Lnc., Kelleher Construction, and Airlake Development, Inc. for a
Conditional Use Permit to allow impervious surface coverage in excess of 25% in the.
Shoreland Overlay District. Assistant City Attorney Jamnik attested that the IegaF notices
had been duly published and mailed in accordance with state statutes.
Mr. Vince Markell, Appro Development, Inc., introduced Allan Burke and David Bursell of
Kelleher Construction, and Grant Jacobson, Jacobson Engineering and Surveying. Mr.
Markell stated that he is requesting a CUP to allow the construction of an
office/warehouse facility in the Shoreland Overlay District. The 25,200 square foot
concrete pre-cast 22-foot high building is proposed to be located on land-locatedon the
north side of 213t" Street, east of Heywood Avenue. The 3.7-acre site consists of the
combination of Lots 12 and 13, Block 4, Airlake Industrial Park Second Addition.
Mr. Markell discussed the design features of the proposed site plan, including proposed
parking,. outdoor storage, landscape screening, fencing, and ponding areas. Mr. Markell
indicated that the developer is in agreement with the stipulations recommended by staff
and listed in the October 15, 1999. Planning Report.
Associate Planner Ron Mullenbach presented the October 15, 1999 Planning Report
outlining the details of the Kelleher Construction site plan. The developer is proposing to
construct an initial 25,200 square foot office/warehouse facility requiring 50 parking
spaces and an outdoor storage yard. Future warehouse expansion will require an
additional eight parking spaces for a total of 58. Mr. Mullenbach indicated that on the
Kelleher Construction site plan, the location of 61 total initial and future parking spaces
• .are identified. Phase 1 construction of the site includes 30 parking spaces, with the
approval of a parking deferment agreement.
Planning Commission Meeting Minutes
October 21, 1999
Page 8
• The subject property is zoned l-1, Limited Industrial District and is located within the
Shoreland Overlay District for the middle branch of South Creek. The initial and
subsequent phases for the Kelleher construction project will result in an impervious
surface coverage of 49% within the Shoreland Overlay District. The Zoning Ordinance
allows a maximum of 75% impervious surface coverage within all industrial zoning
districts with the approval of a CUP. Mr. Mullenbach also stated that the area of
development below the 100-year flood elevation will be placed in a public pedestrian,
drainage and utility easement, consistent with other developments along South Creek.
Associate Planner Mullenbach noted further that the Kelleher Construction site includes
Lots 12 and 13, Block 4, Airlake Industrial Park Second Addition. The property owner will
be required to legally combine these lots prior to issuance of a building permit.
Mr. Mullenbach noted that access to the Kelleher Construction site is provided from two
proposed driveways onto 213t" Street. The driveway spacing has been reviewed by
Engineering Department staff with their comments and recommendations for approval
are outlined in the October 15, 1999 Engineering Report.
Commissioner Wulff requested further details regarding proposed #encing and
landscaping and indicated she would prefer additional landscaping to screen the outdoor
storage yard and .parking lot from South Creek and the proposed future public trailway
which will run along the rear property line.
Mr. Markell indicated he would be willing to increase the landscape plantings as
.recommended. Assistant City Engineer Tim Hanson stated that red twig dogwood would
be preferable to additional sumac suggested by the developer. Mr. Markell agreed to
work with City staff to revise the site/landscape plan prior to City Council consideration of
the request.
Chair Drotning opened the hearing for public comment.
There were no comments from the audience.
.99.124 MOTION by Rieb, Second by Wulff to close the public hearing at 8:35 p.m.
Ayes: Wulff, Moates, Drotning, Rieb, Camer.
Nays: 0.
The Planning Commission agreed to the following modifications to staff
recommendations for approval:
• .Stipulation No. 7 shall be revised to read: A parking deferment agreement must be
signed by the developer prior to issuance of a building permit.
• Stipulation No. 8 shall be revised to read: The Site/Landscape Plan shall be
revised to include additional screening of the outdoor storage yard from the
middle branch of the South Creek prior to City Council approval. Prior to
issuance of a building permit, the developer shall provide the City with a
$5,000.00 cash escrow to guarantee the installation of the approved
landscaping.
Planning Commission Meeting Minutes
October 21, 1999
Page 9
• Stipulation No, 14 shall be revised to read: Prior to issuance of a building permit,
the area of the lot that lies below the 100-year flood zone must be placed within
a public pedestrian, drainage and utility easement.
• Stipulation No. 16 shall be revised to read: Prior to issuance of a building permit,
Lots 12 and 13, Block 4, Airlake Industrial Park Second Addition must be
combined.
99.125 MOTION by Rieb, Second by Wulff to recommend to City Council approval of the
application of Appro Development, Inc., Kelleher Construction and Airlake Development,
Inca for a Conditional Use Permit to allow impervious surface coverage greater than 25
percent in the Shoreland Overlay District subject to the 16 conditions recommended by
staff as listed in the October 15, 1999 Planning Report, as amended, and approval of the
Findings of Fact dated October 21, 1999.
Ayes: Moates, Drotning, Rieb, Comer, Wulff.
Nays: 0.
ITEM 9a: Old Business: Zoning Ordinance Update -Administrative Section
David Licht of Northwest Associated Consultants, Inc. (NAC) outlined the procedure for
review of the Zoning Ordinance Update. He recommends that the Planning Commission
review the Zoning Ordinance Update in sections, starting with the administrative section,
a draft of which the Planning Commission has previously received, followed by the
performance standards and district sections. Mr. Licht recommended that Planning
Commission members carefully review the administrative section for discussion at the
Planning Commission meeting.
Planning Commission members agreed that discussion of the Zoning Ordinance Update
should be scheduled at the beginning of the meeting for effective review. They agreed to
re-schedule discussion of the administrative section at the November 4, 1999 meeting
after the Cross View Addition public hearings.
There being no further business, the meeting was adjourned at 9:00 p.m.
Respectfully submitt ,
Donna Quintus, Re rding Secretary
ATTEST.
Karp Drotning, Chair