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HomeMy WebLinkAbout11-04-99 City of Lakeville PLANNING COMMISSION MEETING MINUTES November 4, 1999 The November 4, 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, Kot, Alternate Skipton, Drotning, Rieb, .Comer, Wulff, Ex-Officio Tim Knutson. Absent: Moates. Staff Present: Michael Sobota Community and Economic Development Director; Daryl Morey, City Planner; Ron Mullenbach, Associate Planner; and Andrea McDowell Poehler, Assistant City Attorney. The October 21,.1999 Planning Commission Meeting minutes were approved as presented. ITEM 4: ANNOUNCEMENTS Community and Economic Development Director Michael Sobota noted that a letter dated November 1, 1999 to Mayor Duane Zaun from Jack Matasosky, Appro Development, Inc., i regarding the de-watering issue in the Airlake Development Fourth Addition had been distributed to Planning Commission members. Community and Economic Development Director Sobota indicated that in January, 2000 the Planning Commission meetings will be aired on the City's cable TV network. In preparation for the airing of the meetings, the cable TV staff will be taping the Planning Commission meetings from now through December as practice prior to airing. ITEM 5: Public Hearing: Cross View Addition PreliminarylFinal Plat and Easement Vacation Chair Drotning opened the public hearing for consideration of the application of Gerold Brothers Construction and Messiah Lutheran Church for the vacation of existing drainage. and utility easements and the preliminary and final plat of three single family lots. Assistant City Attorney Poehler attested that the legal notices had been duly published and mailed in accordance with state statutes. Paul Krischner, Gerold Brothers Construction, requested a preliminary and final plat of Cross View Addition on behalf of Gerold Brothers Construction and Messiah Lutheran Church.. The proposed development consists of three single family residential lots on land located on the north side of Interlachen Boulevard, west of Highview Avenue. Mr. Krischner also requested the vacation of the existing drainage and utility easements located within the preliminary and final plat boundaries. Planning Commission Meeting Minutes November 4, 1999 Page 2 City Planner Daryl Morey presented the Planning Report for the applications of Gerold Brothers Construction and Messiah Lutheran Church for the Cross View Addition preliminary and final plat and easement vacation request associated with the plat. City Planner Morey indicated that Cross View Addition consists of three single family residential lots and one outlot on a 6.08-acre parcel located west of Highview Avenue along Interlachen Boulevard, just south of Messiah Lutheran Church in the R-2, Single Family Residential District. The proposed Cross View Addition development includes Outlot A, Messiah Lutheran Church Addition and Outlot D, Interlachen Glen and was shown conceptually on, and utilities were installed with the Interlachen Glen preliminary plat approved in 1997. The proposed single family lots meet R-2 District lot requirements. Planner Morey noted that the Cross View Addition plat is exempt from the current residential plat moratorium because the applications were submitted prior to the enactment of the moratorium. City Planner Daryl Morey indicated that an existing ten-foot wide drainage and utility easemenfi lies within the preliminary and final plat boundaries of the proposed Cross View Addition. Standard boundary drainage and utility easements will be established around all three lots with the final plat and the existing wetland and upland west of the wetland will be located within Outlot A. Outlot A will be purchased by the City with the final plat. City .Planner Morey stated that if the Planning Commission recommends approval of the . Cross View preliminary and#inal plat and associated easement vacation request, staff recommends compliance with the three stipulations listed in the October 29, 1999 Planning Report. Commissioner Wulff asked who will be responsible for maintaining the 20-foot strip of property located along the west property line of proposed Lot 1, Block 1 of the Cross View Addition. City Planner Morey responded that the 20-foot strip is a part of Outlot A which is a wetland/ponding area. In most cases, wetlands and ponding areas are kept in their natural state and upkeep and maintenance is provided by the City. Commissioner Wulff indicated her preference that this 20-foot strip be sodded with the development. Community and. Economic Development Director Michael Sobota indicated that neighboring property owners typically maintain strips such as this one if they are sodded. Staff will pursue the sodding of this strip with the developer. Commissioner Rieb questioned the function of Outlot A in the contiguous Hypointe Crossing development. City Planner Morey indicated that Outlot A, Hypointe Crossing 5t" Addition is also a wetland/ponding area and is contiguous to proposed Outlot A, Cross View Addition. Community and Economic Development Director Sobota stated that these outlots could be combined with the Cross View plat. Chris Ockwig, Probe Engineering,. indicated that the. preliminary and final plat will be revised to combine the two outlots. Planning Commission Meeting Minutes November 4, 1999 Page 3 Commissioner Skipton noted that the entire wetland must be shown on the final plat prior to recording. Mr. Ockwig agreed to show the entire wetland area on the Cross View Addition preliminary and final plat. Chair Drotning opened the hearing for public comment. There were no comments from the audience. 99.126 MOTION by Kot, Second by Rieb to close the public hearing. Ayes: Bellows, Kot, Skipton, Drotning, Rieb, Comer, Wulff.. Nays: 0. Chair Drotning asked about signage on the proposed outlot. City Planner Morey: responded that the Conservation posts will be wood and will identify the boundaries of Outlot A which is the wetland area owned by the City. After further discussion the Planning Commission agreed to the three stipulations listed in the October 29, 1999 Planning Report with the addition of two stipulations to read as follows: 4. The developer shall sod the 20-foot wide leg of Outlot A from Interlachen Boulevard to the north line of Lot 1. • 5. Outlot A, Hypointe Crossing 5th Addition shall be included with Outlot A in the Cross View Addition preliminary and final plat. 99.127. MOTION by Rieb,. Second by Wulff to recommend to City Council approval of the applications of Gerold Brothers Construction and Messiah Lutheran Church for the vacation of permanent drainage and utility easements located. within Outlot A, Messiah Lutheran .Church Addition and the preliminary and final plat of three single family residential lots to be known as Cross View Addition subject to the three stipulations recommended by staff as listed in the October 29, 1999 Planning Report and the addition of Stipulations No. 4 and No. 5 as discussed above. Ayes: Kot, Skipton, Drotning, Rieb, Comer, Wulff, Bellows. Nays: 0. ITEM 6: Zoning Ordinance Update -Administrative Section Planning Consultant David Licht of Northwest Associated Consultants was present to discuss the 1999 Zoning Ordinance Update. Mr. Licht stated that the process will include four main sections: 1) Administrative; 2) Performance; 3) Zoning Districts; and 4) Zoning Map. Mr. iicht proceeded. to review each. chapter of the draft text: CHAPTER 1 -TITLE AND APPLICATION • This section contains basic legal information and required references. Planning Commission Meeting Minutes November 4, 1999 Page 4 .CHAPTER 2 -RULES AND DEFINITIONS • The definitions have not yet been completed and will be completed at the end of the process. CHAPTER 3 -ADMINISTRATION -AMENDMENT • This section provides for the process for amending the zoning text or map • The text sets a standard 500-foot notification for amendments, as well as all other zoning actions, consistent with current City practice. The Planning Commission agreed that the 500-foot notification be made standard. • Section 11-3-3.E. includes the criteria for considering amendment requests and conditional use permit requests. Mr. Licht stated that the City Attorney has suggested .that the criteria be replaced with a statement regarding consistency with the Comprehensive Plan. However, staff feels that a set of specific criteria is needed to frame both: staff and Planning Commission review of amendments and conditional use permits. Mr. Licht questioned whether the criteria related to depreciation of values is difficult for the Gity to prove either way. Planning Commissioner Wulff stated that it is detrimental to the process to have an item that eventually will not stand up in court. Commissioner Wulff .further. stated it is misleading for the applicant, residents, staff and the Planning Commission. The Planning Commission consensus was that the current criteria for • amendments and .conditional use permits should be retained with the exception of criteria #4 related to the depreciation of property values which should be removed. • Anew item requires the applicant to be present at the public hearing unless excused by the Planning Commission Chair. • An amendment currently requires a 4/5 vote for approval by the City Council. State law requires a simple majority. Mr. Licht recommended keeping the 4/5 requirement as it requires the applicant to prove the merits of his project to asuper-majority. The Planning Commission agreed that the 4/5 requirement should be maintained. CHAPTER 4 -ADMINISTRATION -CONDITIONAL USE PERMITS • #4 will be removed from the criteria for reviewing a conditional use permit application. • A 4/5 vote will again be required. • General performance standards-for all CUP requests are contained in section 11-4-7. Additional standards, if any, will be included in the Zoning Districts. • Chair Drotning requested that 11-4-7.P. we re-written to define "potential negative impact". CHAPTER 5 -ADMINISTRATION -.INTERIM USE PERMITS • No changes are proposed. CHAPTER 6 -ADMINISTRATION -VARIANCES • Chair Drotning asked whether this section should include provisions for handling some of the non-conforming conditions in the downtown area. Mr. Licht stated that an Planning Commission Meeting Minutes November 4, 1999 . Page 5 individual zoning district, possibly CBD-R, will be added to address those issues identified by Chair Drotning. • Minor variances will continue to go directly to the City Council. Major variances will be first reviewed by the Planning Commission for recommendation to the City Council CHAPTER 7 -ADMINISTRATION -APPEALS • This section provides legal recourse for individuals on matters involving the interpretation of the Zoning-Ordinance. CHAPTER 8 -ADMINISTRATION -ADMINISTRATIVE PERMITS AND APPROVALS • This section allows technical issues to be handled administratively by the Zoning Administrator. Certain uses will be listed as permitted by administrative permit in individual zoning districts. CHAPTER 9 -SITE PLAN REVIEW • Commissioner Skipton requested that staff provide a definition for "proof of ownership". • Commissioner Skipton requested that section 11-9-13 be divided into those. items. contained on a certificate of survey and those items to be included on a site plan, which would be super-imposed on a the survey. CHAPTER 10 -ADMINISTRATION -GENERAL • This section contains the duties of the Zoning Administrator. The Planning Commission felt the specific references to certain responsibilities of the Zoning Administrator should be maintained. Information Items Community and Economic Development Director Michael Sobota application presented a Metropolitan Council map identifying the metro area communities which have completed their comprehensive plans. Community and Economic Development Director Sobota presented a color rendering of a Perkins Restaurant proposed to be constructed in the Gateway Development 2"d Addition. Construction has already begun on the restaurant. No .planning actions are required. There being no further business, the meeting was adjourned 8:16 p.m.. Respectfully submitted, Ron Mullenbach, Recording Secretary ATTES Karl Drotning, Chair