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HomeMy WebLinkAbout11-18-99 City of Lakeville .PLANNING COMMISSION MEETING MINUTES November 18, 1999 The November 18, 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; Frank Dempsey, Associate Planner; Ron Mullenbach, Associate Planner; Tim Hanson,. Assistant City Engineer; Roger Knutson, City Attorney; and Penny Brevig, Recording Secretary. The November 4, 1999 Planning Commission Meeting minutes were approved as presented. ITEM 4: Announcements Community and Economic Development Director Michael Sobota noted that there were four • handouts: a summary of the November 16, 1999 Environmental Affairs committee Meeting Minutes; a letter to a Lakeville resident, Ronald Gerk, regarding the comprehensive plan; a copy of exterior building finish requirements from the zoning ordinance; a supplemental engineering report for Agenda Item 5, Lakeville Family Housing Second Addition. ITEM 5: Public Hearing: Lakeville Family Housing Second Addition: Rezoning, Preliminary/Final Plat and Planned Unit Development/Conditional Use Permit Chair Drotning opened the public hearing for consideration of the applications of Lakeville Family Housing Limited Partnership 2 and Virginia and Stephen Hines for: 1) rezoning of property from R-2, Single Family Residential to R-5, Single and Two Family, Medium Density Residential District; 2) Lakeville Family Housing Second Addition preliminary and final plat; and 3) a Planned Unit Development/Conditional Use Permit. City Attorney Knutson attested that the legal notices had been duly published and mailed in accordance with state statutes. Karl Gill, Dakota County Housing and Redevelopment Authority (HRA), requested Planning Commission consideration of a rezoning, preliminary and final plat of Lakeville Family Housing Second Addition, and Planned Unit Development/Conditional Use Permit (PUD/CUP), on behalf of the Lakeville Family Housing Limited Partnership 2 and Virginia .and Stephen Hines. The proposed development consists of two lots. The proposed development would accommodate the development of a Dakota County HRA proposed rental townhouse project. Proposed Lot 2, Block 1, a 5.01 acre lot, is proposed to include seven buildings with 29 rental townhouse units. .Proposed Lot 1, Block 1, a 2.3-acre residential lot, will contain the existing single family house owned by Virginia and Stephen Hines. Planning Commission Meeting Minutes November 18, 1999 Page 2 Ms. Gill, stated that they have not come up with a name. for the project yet. She showed pictures of similar housing units, including the Chasewood Townhomes, Cedar Valley Townhomes, and a project in Hastings. Ms. Gill stated that there would be 14 units with 2 bedrooms, 14 units with 3 bedrooms and one 2 bedroom handicapped unit. The rent for the units would be approximately $450 - $470 for the 2 bedroom units and $500 - $520 for the 3 bedroom units. There will also be a tot lot and basketball court on the property. Associate Planner Frank Dempsey presented the Planning Report outlining the applications. This development proposal involves the subdivision of an approximate 8.5-acre (gross) site located between Hamburg Avenue and Cedar Avenue, south of 210`" Street and north of County Road 50. Associate Planner Dempsey indicated that the subject property is currently zoned R-2, Single Family Residential District. The developer is requesting a rezoning of the preliminary plat to R-5, Single and Two family, Medium Density Residential District. Mr. Dempsey noted that a PUD/CUP is required for the proposed rental townhouse development as there are multiple principal buildings on the common lot. The R-5 zoning would permit the proposed townhouse development on the common area parcel (Lot 2, Block 1) with this parcel owned and maintained by the Dakota County HRA. Mr. Dempsey noted that the proposed lots meet the minimum lot requirements for the R-5 District. Mr. Dempsey also.. noted that the existing single family house owned by Mr. and Mrs. Hines meets the required building setbacks for a house in the R-5 District. The proposed rezoning is consistent with the recently adopted 2020 Land Use Plan. Development of the proposed subdivision includes the .dedication of the southerly'/2 right- . of-way for 210t" Street and right-of-way for Lakeville Boulevard (CSAH 50) along the south boundary of the plat. The developer will construct 210t" Street from just west of the Glade Avenue/210'" Street intersection to the westerly boundary of the plat in accordance with City standards. Planner Dempsey stated that there will be no driveway access onto County Road 50. Associate Planner Dempsey noted that the Lakeville Family Housing Second Addition plat is exempt from the current residential plat moratorium because the project meets the Minnesota Livable Communities Act definition for affordable rental housing. Associate Planner Frank Dempsey noted that Dakota County HRA will be under contract with Lakeville Family Housing Limited Partnership 2 to manage the properly. The HRA manages many similar projects throughout the county. Management includes determining eligibility of tenants, eviction, if necessary, occupancy control, household composition and restricting storage of personal property on-site. Site management also includes contracting for site and building maintenance and snow plowing. Associate Planner Frank Dempsey stated that if the Planning Commission recommends approval of the Lakeville Family Housing Second Addition preliminary and final plat, rezoning,. and planned unit development/conditional use permit, staff recommends compliance with the nine stipulations listed in the November 12, 1999 Planning Report. Planning Commission Meeting Minutes November 18, 1999 Page 3 Commissioner Rieb asked about the color scheme for the exterior of the units. Mr. Madson, the architect for the project. responded that the color scheme is not definite yet. There are five options, all of them light and natural color with some color at the doors. There will be white windows and white trim. There will be no brick on the buildings and the. roof will be weathered wood colored fiberglass shingles. He stated that the units would be similar irr quality and materials to the Cedar Valley project at Cedar Avenue and Dodd Boulevard. Chair Drotning inquired about the driveways being counted as guest parking spaces. He also noted that the project included single-stall garages which is contrary to what has been discussed by Planning Commission members as part of the zoning ordinance update. Mr. Sobota said that other similar projects with single garages were recently approved including the Cedar/Dodd Project and the project south of County Road 50 on Dodd Boulevard. He stated the project as proposed is in conformance with current standards and that any changes in standards will be discussed as part of the zoning ordinance update. Commissioner Wulff and Bellows thought it was important to continue the paving on 210tH Street, west to Hamburg Avenue and then south to C.S.A.H. 50. Mr. Sobota stated that it was discussed by staff and it is a funding issue which will be reviewed again by staff prior to Council consideration. Commissioner Wulff stated that on the Southeast side of the existing house there is a pile of "something". Mr. Stephen Hines responded that it was a pile of cut cottonwood logs. The wood will be split and hauled away. Mr. Sobota asked Mr. Hines if this will continue after the townhouse project is completed. Mr. Hines stated that the wood will be removed • prior to grading for the holding pond and wood will not be stored on the site in the future. Commissioner Wulff stated that there are gaps between the evergreen trees on the lot to the east and wanted to know if there would be any additional landscaping. Ms. Gill stated that. they would revise the landscape plan to fill in the gaps with additional evergreen trees. Commissioner Skipton asked if the private pipeline blanket easement would affect Block 1. Mr. Sobota asked Mr. Hines if there were any pipelines on his property. Mr. Hines stated that there are no pipelines on this properly and the easement should not be on the final plat. Chair Drotning opened the hearing for public comment. Mrs. Donna Klotz, 7670 - 210tH Street, stated that she heard one of the requirements to live in this type of housing was to have at least one child under the age of 15. Ms. Gill stated that was correct. Mrs. Klotz asked who monitors this. Ms. Gill said there is a property manager assigned to each project with an on-site caretaker. Mrs. Klotz wanted to know if the tot lot and the basketball court was enough for this many children. Ms. Gill said that at similar projects these facilities were adequate. Mrs. Klotz asked if there was anything being put up to keep the children off the roads. Ms. Gill stated that a fence is proposed to be constructed on the south side of the tot lot. There were no further comments from the audience. 99.128 MOTION by Rieb, Second by Wulff to close the public hearing. Ayes: Bellows, Kot, Skipton, Drotning, Rieb, Comer, Wulff. Nays: 0. Planning Commission Meeting Minutes November 18, 1999 Page 4 Commissioner Wulff asked what the fence around the tot lot looked like. Mr. Madson said that it is a steel painted "picket" type fence and is not closed on the parking lot side of the tot lot. Commissioner Comer asked about lighting at the tot lot or on the path on County Road 50. Mr. Madson stated that there probably won't be Fights on the tot. lot to discourage kids from playing there in the dark. He also stated there are no plans to put lights on the path. Commissioner Rieb asked what the distance was from the back of the nearest house to County Road 50. Mr. Madson responded 175 feet to 200 feet. Commissioner Wulff expressed concern that the pond may be too close to the units. Tim Hanson, Assistant City Engineer said the east end of the pond is proposed as an infiltration basin and will only hold water until it percolates into the ground. Commissioner Wulff was more concerned that some buildings are 30 feet from the pond and after a rain the pond could rise closer to the buildings. Mr. Hanson responded that the high water elevation of the pond would dissipate within 24 hours. Mr. Sobota asked Ms. Gill whether other HRA Family Rental Projects included ponds at other locations. Ms. Gill stated that the Eagan site has a large pond on site which has not been a problem. Mr. Sobota stated that the easterly portion of the pond grades are 3 to 1 slope, which is not a steep slope. A fence could be less safe because it would be harder for the parent to get to a child if there was a problem. Mr. Sobota stated that due to the type and location of the pond, there would be no need for a fence. • Chair Drotning was concerned about the homes proximity to the pond and how to discourage access to the pond. Commissioner Comer expressed concern about the safety of children next to County Road 50 because of the trail connection. Commissioner Rieb stated that it was the parents responsibility to ensure their children are in a safe environment. Chair Drotning said there. were pros and cons to having the direct trail connection. Commissioner Kot wanted to know if lighting was possible on the trail. Ms. Gill. stated they would do lighting or additional plantings if the tenants want it. Commissioner Bellows agreed with the architect and Commissioner Rieb that bushes would not be a good idea. Commissioner Wulff stated that it is different when you rent rather than own your home when it comes to safety features. Residents have less control. She suggested having the Dakota HRA install latches up high on the inside back doors of each unit to keep children from letting themselves out. Mr. Sobota stated that there will be a discussion of the fence limits prior to City Council approval After further discussion the Planning Commission agreed to the 9 stipulations listed in the planning. report along with the addition of the following: 10. The blanket pipeline easement shall be released prior to City Council approval of the final plat. 99.129 MOTION by Rieb, Second by Bellows to recommend to City Council approval of the applications of Lakeville Family Housing Limited Partnership 2 and Virginia and Stephen Hines for: 1) a rezoning of property from R-2, Single Family Residential District to R-5, Planning Commission Meeting Minutes November 18, 1999 Page 5 Single and Two Family, Medium Density Residential District; 2) preliminary and final plat of two lots to be known as Lakeville Family Housing Second Addition; and 3) a Planned Unit Development/Conditional Use Permit to allow more than one principal building on a residential lot subject to the ten (10) stipulations recommended by staff as listed in the November 12, 1999 Planning Report and the addition of stipulation #10, as discussed above, and approval of the Findings of Fact for the rezoning and Planned Unit Development/Conditional Use Permit dated November 18, 1999. Ayes: Kot, Skipton, Drotning, Rieb, Wulff, Bellows. Nays: Comer. Commissioner Comer indicated his negative vote was due to his stated concerns regarding safety and security of the pond and access to County Road 50. ITEM 6c: Advisory Opinion: Proposed House at 10350 Upper 196th Way Chair Drotning stated that Mr. Brad Elder submitted a building permit application to construct a single family home in the R-2, Single Family Residential District at 10350 Upper 196th Way. Due to the unique house design, geodesic dome with an attached garage, the Building Inspections Department requested Community and Economic Development staff review the building permit application for consistency with Zoning Ordinance requirements. Planning Staff requested an advisory opinion from the Planning Commission. Chair Drotning stated that based on the City Attorney letter to Mr. Craig, this is purely a discussion at this point to determine whether there is a devaluation issue. Mr. Brad. Elder stated reasons for wanting to build a geodesic home; 1) no interior support • walls, 2) efficient for lighting, 3) 23% savings on building cost, 4) heating a sphere uses least fuel, and 5) placement of building, i.e. it can be put anywhere on the lot without alteration of current drainage and save trees. Mr. Elder stated that the house will be placed at the high point of the lot. Mr. Elder stated that no one has proved the property value would be lowered due to him building a geodesic home. Mr. Elder stated that he redesigned the roof line and raised it 4 feet to improve appearance. Chair Drotning stated to Mr. Elder that the Planning Commission could not act as an architectural review board. Planning Commissioners agreed that devaluation of adjoining properties is not an issue in light of the City Attorney's opinion. Based. on a letter from the City Attorney's office to Curtis Craig, Chair Drotning stated that he feels that it is clear that it could not be proven that the home would depreciate value of surrounding properties. Chair Drotning also stressed that he did not want the Planning Commission to become an architectural review committee. Chair Drotning stated that he understood that there were residents of the neighborhood present who would like to address the Planning Commission. Mr. Darflinger, 10310 Upper 196th Way spoke on behalf of the neighborhood. He handed. out a copy of a memorandum dated June 27, 1983 from Northwest Associated Consultants, Inc. (NAC) regarding a variance request/shoreland conditional use permit letter dated July • 19, 1993 to Mr. Clarence Rudiger regarding Surface drainage of property at 10350 Upper 196th Way and a copy of a sketch of the proposed lot. Planning Commission Meeting Minutes November 18, 1999 Page 6 • Mr. Darflinger stated that prior to 1983 Mr. Rudiger owned the lot. In 1983 he asked for a variance to get two lots. It was recommended by the Planning Commission to deny the request.. In 1993, the Rudigers asked the City for an administrative subdivision, which was approved. Mr. Darflinger expressed concern that the proposed home would increase existing drainage problems in the area. Chair Drotning asked Mr. Elder if he was aware of the drainage problem before he bought the lot. Mr. Elder said he was not aware of the problem. However, he stated that the proposed grading plan addresses the drainage issues. Mr. Tim Hanson, Assistant City Engineer, said that Mr. Elder's plan is considerably different than previously submitted concept building pads submitted in 1993. Mr. Hanson stated that the drainage issue will be reviewed in detail prior to Building Permit issuance given the neighbors' concerns. Chair Drotning reiterated that the architectural style of the home was not a zoning issue, and further directed Mr. Elder and City Staff to refine the drainage plan to address the concerns of his immediate neighbors. ITEM 6D: City Attorney Letter Mr. Roger Knutson, City Attorney, addressed the Planning Commission requesting that they review the proposed changes to the "Boiler Plate" Development Contract for future projects based on a concern raised within the Airlake Development Fourth Addition. The Planning • Commission has reviewed previous correspondence regarding a dewatering permit violation and reviewed proposed language changes provided by Mr. Knutson. Mr. Knutson said that .the dewatering permit issue has raised issues related to conflict of interest and appearance of conflicts. Comments from the Planning Commission will be provided to the City Council for consideration prior to implementation. Commissioner Kot asked what the consequences would be if the contract was not followed. Mr. Knutson said that violators will be stopped by the city and developers could be removed from the project. Mr. Knutson further stated that typically, when the rules are known, developers will follow them. Commissioner Kot inquired about the city inspection process. Mr. Sobota and Mr. Hanson both stated the city normally uses engineering consultants for reviewing public improvements construction. Commissioner Wulff noted that under the proposed language, Council members and advisory committee members were restricted if they had ownership position.. Commissioner Wulff stated she was in favor of this for City Council Members, but not for advisory councils. Chair Drotning stated that he doesn't do business with the city itself .and therefore did not see a conflict. Commissioner Bellows asked if other cities have this type of restriction. Mr. Knutson stated that many cities have ethics ordinances, but not all are alike. • Commissioner Wulff doesn't think that it should be applicable to advisory committees because of the valuable input received on business perspectives for certain groups such as Planning Commission Meeting Minutes November 18, 1999 Page 7 . the Economic Development Commission. Commissioner Wulff did see a conflict for City Council members and perhaps Planning commission members, but not necessarily other .commissions.. Commissioner Kot stated that all commissions should follow the proposed rules. Commissioner Bellows questioned if EDC, Cable, etc. should be included. Commissioner Rieb thought that all advisory committees serve the public and this should apply to all members. Chair Drotning thought we would lose some expertise if some community members are not able to participate on certain advisory committees. Mr. Knutson stated that the proposed contract has only to do with contractors and subcontractors on public improvements approved with private subdivisions. Publicly bid projects have state laws regulating conflicts. Mr. Sobota said the comments raised will become part of the minutes. The Planning Commission could make a motion to emphasize the comments to the City Council. Commissioner Wulff expressed her belief that the proposed new standard provision relating to qualifications for membership on advisory committees should not be applied to all advisory committees. Commissioner Wulff stated that the proposed new standards relating to persons with ownership interest and membership in corporations and other entities that may become involved in public infrastructure improvement projects are appropriate for City Council members and, possibly even Planning Commission members because of the Planning Commission's role of review and recommendation to City Council on a wide variety of public projects. However, Commissioner Wulff stated that the role of other advisory committee members is to make recommendations to the Planning Commission • and City Council. Ms. Wulff stated her belief that the to restrict contractors and business owners from serving on committees in City government would prevent the City from gaining valuable insight and expertise of business, engineers, surveyors, and other personnel that have potential involvement on some level in development projects. 99.130 MOTION by Kot, Second by Rieb to recommend to the City Council to adopt the proposed City of Lakeville standard development contract language amendments as presented. Ayes: Bellows, Kot, Skipton, Drotning, Rieb, Comer. Nays: Wulff. Commissioner Wulff indicated her negative vote was directed toward the proposed language restricting membership on City commissions or committees. ITEM 7: Zoning Ordinance Update -Administrative Section David Licht of Northwest Associated Consultants was present to discuss the performance standards sections of the zoning ordinance update. The following items were discussed: TABLE OF CONTENTS A preliminary draft of the table of contents was included to provide an overview of the. coverage and structure of the zoning ordinance update. Chapter 22 -Outside Storage . • Section 11-22-3.A.2. will be revised to read: "Not more than two (2) recreational vehicles or related equipment in residential districts." Planning Commission Meeting Minutes November 18, 1999 Page 8 • Sections 11-22-3.C.1. and 11-22-5.F. will be revised to reference Lakeville Boulevard instead of County Road 50, as turn-back to the City is expected. • Section 11-22-3.D. shall be revised to add "but shall not be located in a drainage and utility easement." • Staff is proposing that some items related to junked or dismantled vehicles be addressed solely in the City Code. Chapter 23 -Signs • No changes are proposed. Chapter 24 -Land Reclamation and Mining • No changes are proposed. Chapter 25 -Public Property/Right-of-Way • Section 11-25-1 will be revised to specifically exempt mail boxes. This section may also be revised to be consistent with Chapter 30 -Antennas related to "personal wireless communication antennas". Chapter 27 -Model Homes/Temporary Real Estate Offices • Section 11-27-3.A. will be revised to read: "infrastructure improvements, including a minimum of one lift of asphalt, have been " • Section 11-27-7.B. will be revised to required "paved" parking spaces. • Section 11-27-7.C. will be revised to clarify its intention that model homes be located to minimize traffic impacts to neighborhoods. Chapter 28 -Temporary Structures • Section 11-28-1 will be revised to reference public "institutions" rather than "schools". Churches and schools will be addressed in each individual zoning district. • Section 11-28-5.G. will be revised to include lighting as a specific security measure. Chapter 29 -Wind Energy Conversion Systems (WCES) • Section 11-29-3.C. will be revised to require that site plan drawings be prepared and signed by a licensed surveyor. Chapter 31 -Day Care Facilities • .Section 11-31-3.G.1. will be revised to eliminate the reference to "cause impairment of property values". Planning Commission Meeting Minutes November 18, 1999 Page 9 Chapter 32 -Home Occupations • "Home offices" will be defined in the Definitions section of the zoning ordinance. • Home occupations in multi-family residential dwellings will be addressed in individual zoning districts. • The list of permitted home occupations will be reviewed and discussed at the December Stn meeting. David will draft language to make the list of permitted and special home occupations less specific and based more on operational factors. Chapter 34 -Sexually Oriented Uses • Sexuallyoriented uses are currently under a moratorium imposed by the City Council. No changes are proposed at this time. Chapter 35 -Animals • Section 11-35-1.A. and B. will be revised to read: "Keeping of domestic animals" and "Keeping of horses". • .The definitions of domestic and farm animals will be included in the Definitions section. Chapter 36 -Airport Zoning • This section is consistent with MnDOT and Metropolitan Council requirements. There being no further business, the meeting was adjourned at 8:16 p.m. Respectfully submitted, Penny g, Recording ec tary ATTEST: ~~~C Karl Drotning, Chair •