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HomeMy WebLinkAbout10-16-97 City Of lakevi l le PLANNING COMMISSION MEETFNG MLNUTES October 16, 1997 The October 16, 1997 Planning Commission meeting was called to order by Vice-Chair Amborn at 6:00 p.m. in he City Hall Council Chambers. Roll call of members was taken: Present: Bellows, Miller, Kot, Wanner, Amborn, Cecchini, Wulff. Absent; Rieb; Alternate Commission Member Luick. Also present: Robert Erickson, City Administrator; Michael Sobota, Community. and Economic Development Director; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Tim Hanson, Assistant City Engineer; Jim Walston, Assistant City Attorney; and Donna Quintus, Recording Secretary. The minutes of the October 2, 1997 Planning Commission Meeting were approved as presented. ITEM 5: PUBLIC HEARING: Greenwood Estates: Trail Easement Vacation Vice-Chair Amborn opened the public hearing for consideration of the application of the City of Lakeville for the vacation of an existing trailway easement on property located south of 165th Street, between )ackdaw Path and Isosceles Avenue. Assistant City Attorney Jim Walston attested that the legal notice had been duly mailed. and published as required by state statute. City Planner Daryl Morey presented the City's request for the vacation of an existing trail easement in the Greenwood Estates subdivision. The existing natural amenity walking path, ocated between Isosceles Avenue and Jackdaw Path, was established as a part of the Greenwood Estates plat and was intended to provide a more direct connection for Isosceles Avenue residents to the main trail located along 165th Street. Planner Morey indicated that due to the steep slopes and recent heavy rainfalls, this segment of trail has experienced significant erosion problems causing the aglime and wood chip trail to wash out several times. Maintenance has been continuous with. the developer and staff providing re-stabilization and clean-up of the trail following each rain event. The Parks and Recreation Advisory Committee met with Greenwood Estates residents on Septemberl7, 1997. Due to the low use of the trail, the ongoing maintenance problems and safety concerns, and that the majority of the neighborhood residents support the removal of the trail, the Parks and Recreation Committee and staff are recommending that the trail be abandoned and the trail easement be vacated. Mr. Steve Peters, 16689 Isosceles Avenue, expressed his support for the vacation of the trail easement. Mr. Peters asked if the City had: a plan for the restoration of natural vegetation on the land. Staff responded that specific plans .have not been proposed at this time. However, it is unlikely that significant trees will be planted in this area because they • would obstruct access to existing utilities. Ms. Sallie Crowl, 16592 Jackdaw Path, indicated that it was her understanding from the Parks and Recreation Committee Meeting discussion that trees could be planted. Staff Regular Planning Commission Meeting Minutes October 16, 1997 Page 2 • responded that a written plan was not available. When and if completed the plans will be made available to the residents... Ms. Crowl also related her discussion with the City Engineer's office regarding the construction of a catch basin, draintile, and grading improvements previously completed. Mr. Kittrick Ireland, 16659 )aekpine Trail, questioned whether drainage of this area will change. Mr. Ireland also requested information regarding the location of existing utilities. Assistant City Engineer Tim Hanson responded that general drainage patterns do not change, but additional collection points are in-place. Establishment of vegetation should.. not. impact drainage areas. There were no further comments from the public. 97.129 MoT~orv by Wulff, Second by Cecchini to close the public hearing. Roll .call vote was called on the motion. Ayes: Miller, Kot, Wanner, Amborn, Cecchini, Wulff. Nays:. 0. 97.130 MoTioN by Miller, Second by Wulff to recommend to City Council approval of the application of the City of Lakeville for the vacation of an existing trailway easement on property located south of 165th Street, between Jackdaw Path and Isosceles Avenue. • Roll call vote was called on the motion. Ayes: Kot, Wanner, Amborn, Cecchini, Wulff, Miller. Nays:. 0. ITEM' 6: PUBLIC HEARING: Rezoning Vice-Chair Amborn opened the public hearing for consideration of the City's request for a rezoning of properly from R-7, High Density Residential District to R-1, Low Density Residential District. Assistant City Attorney Jim Walston attested that the legal notice had been mailed and published as requrred by state statute. City Planner Daryl Morey indicated that a small portion of property located west of I-35 and south of 185th .Street to the northeast of Lake Marian along a back bay is currently zoned R-7 .District which allows twin homes, quads, townhouses, and apartment buildings. Mr. Morey indicated that this zoning is an anomaly that was discovered. with the City's recent acquisition of property for Ritter Farrn Park. Staff is requesting the rezoning of the subject property to R-1 to be consistent with the R-1 zoning of surrounding single family. properties. There were no comrents from the audience. 97.131 MOTION by Wulff,. Second by Wanner to close the public hearing. Roll call vote was called on the motion. • Ayes: Wanner, Amborn, Cecchini, Wulff, Miller, Kot. Nays: Q. Regular Planning Commission Meeting Minutes October 16, 1997 Page 3 • 97.132 MoTiorv by Miller, Second by Wulff to recommend to City Council approval of the application of the. City of t_akevillefor the rezoning of property located west of I-35 and south of 185th Street from R-7, High Density Residential District to R-1, Low Density Single Family. Residential District pursuant to the October 7, 1997 Planning Report and approve the Findings of Fact dated October 16, 1997. Roll call vote was called on the motion. Ayes: Amborn, Cecchini, Wulff, Miller, Kot, Wanner. Nays: 0. ITEM 7: PUBLIC HEARING: Sterlin Bank Rezonin Vice-Chair Amborn opened the public hearing for consideration of the application from McNeilus Financial, Incorporated. to rezone property from R-2, Single Family Residential District to B-4 General $usiness District. Assistant City Attorney )im Walston attested that the legal notices had been duly mailed and published as required by state statute. Associate Planner Frank Dempsey stated that McNeilus Financial, Incorporated has submitted an application to rezone Lot 7, Block 1, Jackson's First Addition to allow the construction of a new bank on that property. The bank is being proposed to be located on lots 6 and 7, Block 1, Jackson's First Addition. Lot 6 is currently zoned B-4, General Business District. The proposed rezoning of Lot 7 from R-2 to B-4 will bring the zoning into conformance with the City's Comprehensive Land Use Plan which identifies the entire proposed bank site for commercial development. • Planner Dempsey presented an overview of the proposed site Ian for develo merit of p p Sterling State Bank.- The proposed development is located in the southeast quadrant of the County Road 46 (162nd Street) and Kenrck Avenue intersection south of Kwik Trip. The two lots must be combined administratively prior to issuance of a building permit.. Mr. Earl Nelson, Chairman of the Board for Sterling Bank, indicated that he and bank representatives held a neighborhood meeting on September 18,.1997 to discuss the proposed development of the bank. Area residents expressed concern regarding proposed driveway access related to the 164th Street right-of-way, location of drive-up teller aisles, and utilization of existing trees and proposed landscaping. as a buffer between the bank and the single family homes to the east. Mr. Nelson indicated that the residents in attendance at the meeting appeared to be satisfied. that their issues have been addressed. Mr. Nelson also indicated his agreement to the stipulations recommended by staff as outlined in the October 10, 1997 Planning Report. Mr. Uoyd )ohnson, )ohnson Architects, responded to questions from the Commission regarding landscape design details, drainage patterns, and signage plans. Bob Hoff, 978:5 Oak Shore Drive, indicated he is the owner of the commercially zoned property located to the. northwest of the proposed bank site. He stated his concern for the proposed access location to the bank which is offset from his property line. Mr. Hoff stated that City staff have indicated they will not permit direct access to his property and that it will probably be a shared.. access with the contiguous property to the south. Regular Planning Commission Meeting Minutes October 16, 1997 Page 4 Community and Economic Development Director Michael Sobota indicated that there is an • easement for access to Mr. Hoff's property. The City's access guidelines require setbacks from intersections. Kenrick Avenue is a major collector and distance, stacking, and congestion at high use intersections are concerns that need to be addressed in review of site plans. Smooth traffic flow and safety must be considered and ultimately determine recommended access design for new development. Mr. Bob Crawford, 16343 Java Circle, .expressed concern for current drainage flow and the elevation of water in the ponding area behind his residence. Mr. Crawford indicated that approximately two to three trees have been lost within the last year due to the high water levels of the pond. Mr. Crawford also expressed concern for the traffic congestion already experienced at the intersection of County Road 46 and Kenrick Avenue. Assistant City Engineer Tim Hanson indicated that the ponding and drainage site is designed in accordance with the City's Comprehensive Storm Water Management Plan adopted in 1995 and is intended to handle the drainage for full development of this area. Mr. Hanson also noted that re-striping of Kenrick Avenue to allow a short left turn land for southbound traffic into the Kwik Trip access was to take place shortly. Ms. Beth Crawford, 16343 Java Circle,. stated that they had not been notified of the neighborhood meeting held in September and were unable to express their concerns regarding the proposed development at that time. Mr. Richard Hocking, 7570 West 147th Street, Apple Valley, stated he has been retained as legal counsel by Mr. Bond, owner of the property to the south of the bank site. Mr. Hocking requested clarification of drainage patterns and impacts on the Bond property and the existing pond. Staff responded. There were no further comments from the public. 97.133 MOTION by Miller, Second by Cecchini to close the public hearing. RoN call vote was called on the motion. Ayes: Cecchini, Wulff, Miller,. Kot, Wanner, Amborn. Nays: 0. The Commissioners agreed to Community and Economic Development Director Michael Sobota's suggestion to add Stipulation No. 10 to read as follows: uThe Developer shall install and maintain a street barricade at the easterly terminus of 1 both Street to City standards until future extension of the street." The Developer indicated. agreement to the added stipulation. 97.134 MoTioN by Wulff, Second by Miller to recommend to City Council approval of the rezoning of Lot 6, Block 1, Jackson's .First Addition from R-2, Single. Family Residential District to B-4, General Commercial District to allow the construction of the proposed . Sterling State Bank subject to the nine stipulations listed in the October 10, 1997 Planning Report with the addition of Stipulation No. 10 as noted and approve the Findings of Fact dated October 16, 1997. Roll .call vote was called on the motion. Regular Planning Commission Meeting Minutes October 16, 1997 Page 5 Ayes:. Wulff, Miller, Kot, Wanner,. Amborn, Cecchini. • Nays: 0. ITEM 8t PUBLIC HEARING: Lakeville Senior High School: Conditional Use Permit Amendment Vice-chair Amborn opened the public hearing for consideration of the application of Independent School District 194 for an amendment to Conditional Use Permit No. 91-07. Assistant City Attorney Jim Walston attested that the legal notice had been duly mailed and published as required by state statute. Commissioner Kot excused herself from discussion and voting on this matter because she is employed by lndependent School District 194. City Planner Daryl. Morey presented an overview of the request from Independent School District 194 for an amendment to Conditional Use Permit (CUP) No. 91-07 to allow a building expansion and the construction of 122 additional parking spaces at the Lakeville Senior High School located at 19600 Ipava Avenue. The original CUP, approved in May 199.1, was issued to allow the construction of the high school. The proposed building and parking improvements will require on-site grading and trailway modifications. City Planner Morey provided an overview ofthe details of theproject as outlined in the October 10, .1997"Planning Report. Discussion included the following: • Landscaping: Staff recommends thattrees and shrubs originally approved under CUP 97-07 that have died and/or been removed be replaced consistent withthe. approved landscape plan. City Planner Morey also noted that the original CUP included the requirement to plant wetland vegetation at the perimeter of an existing storm water pond. These plantings have not occurred and must be completed as part of the expansion project. Staff is recommending that Stipulation No. 10 listed in the Planning .Report be modified by adding a deadline of dune 1, 1998 for the planting of wetland vegetation. at the perimeter of the storm water pond. The Commission concurred. • Trails and Lighting: The developer is proposing to install one light fixture in the new parking lot that will provide light to the proposed trail connecting the existing trail to the new parking area. The Commission indicated consensus with staff's recommendation to install standard light fixtures along the proposed trailway that match the existing trail light fixtures on the school site. • Culvert Crossing: Commissioner Miller questioned the proposed grass walkway over a drainage Swale. Staff indicated that a hard surface is not necessary, however, City staff and tSD officials will discuss cost share funding for this crossing after the bids come in as this would be an add-on for the project in the bids. Mr. Kevin Sullivan, Wold Architects, stated that the original landscaping has been replaced two or three times. Soil conditions and drainage in the subject area are not favorable for the survival of plantings. Mr. Sullivan indicated the school has $73,000 budgeted for landscaping and staff's recommendation for analysis prepared by a landscape architect would exceed the budget. Regular Planning Commission Meeting Minutes October 16, 1997 Page 6 Several suggestions were discussed that would allow the replacement and additional • landscaping to occur. Staff recommended and the Commission concurred with the following modification to the stipulations for approval. 97.135 MOTION by Cecchini, Second by Wulff to modify the staff recommended stipulations by combining Stipulation Nos. 7 and 8 to read as follows: "'Relocation of existi»g trees and replacement of existing la»dscapi»g shall be .reviewed by Independe»t School District 194 and a plan shall be submitted for City staff approval prior to issuance of a building permit for the high school expansion." Rohl call vote was called on the motion. Ayes: Miller, Wanner, Amborn, Cecchini, Wulff. Nays: 0. Abstains Kot. There was no public comment from the audience. 97.136 MOTION by Wulff, Second by Cecchini to close the public hearing. Roll call vote was called on the motion. Ayes: Wanner, Amborn, Cecchini, Wulff, Miller. Nays: 0. Abstain: Kot. 97.137 MoTioN by Cecchini, Second by Wanner to recommend to Ci Council a royal of an tY pp amendment to Conditional Use Permit 94-01 as requested from Independent School District 194 to allow an expansion to the senior high school subject to the stipulations .listed in the October t0, 1997 Planning Report, with the amendment to Stipulation Nos. 7 and- 8 and. modification to Stipulation No, 10, and approve the Findings of Fact dated October 16, 1997. Roll call vote was called on the motion. Ayes: Amborn, Cecchini, Wulff, Miller, Wanner. Nayss 0. Abstain: Kot. ITEM 9: PUBLIC HEARING. Zoning Ordinance Amendments Vice-Chair Amborn reconvened the public hearing continued from the October 2, 1997 meeting for consideration of the application of the City of Lakeville for amendments to Ordinance No. 167, the Lakeville Zoning Ordinance, concerning : 1) pet shops; 2) ..manufactured .housing parks; and 3) interim use permits. David Licht, Northwest Associated Consultants tNAC), reviewed the draft amendments to the Lakeville Zoning Ordinance that would allow pet shops in the 6-4, General Business District and CBD-C, Central Business District-Commercial District, as presented at the October 2, 1997 meeting, and noted proposed revisions from the previous draft. Mr. Licht presented the proposed zoning ordinance amendment related to manufactured housing parks. In response to the recently enacted law by the Minnesota State Legislature to allow manufactured housing parks within two- and multiple-family zoning districts, City Regular Planning Commission Meeting Minutes October 16, 1997 Page 7 staff is proposing the establishment of an ordinance to comply with the State mandate. The proposed ordinance amendment allows manufactured home parks as conditional uses in the City's R-4, R-5, R-6, R-7 and R-B Zoning Districts. The proposed amendment also establishes minimum lot standards and required public improvements for manufactured housing parks to be the same as conventional development allowed within the respective zoning districts. Mr. Licht responded to questions and comments from the Commission. Mr. Licht presented an overview of a draft "Interim Use" Ordinance. This zoning ordinance technique is similar in concept to a conditional use permit (CUP) with the exception that there is an explicit ability to provide time limits on the specified activities which are allowed. Mr. Licht discussed the criteria that the City may use in setting time limits after which the "use" is to terminate. Mr. Licht indicated that NAC staff believes that the uinterim use" zoning tool enhances a City's ability to control activities and adds a degree of flexibility which is beneficial to property owners. The Commission concurred that Section 11-3-5, Subsection G. be modified to read "Performance Security" rather than "Performance Bond." The Commission concurred. 97.138 Moriorv by Miller, Second by Kot to close the public hearing. Roll call vote was called on the motion. Ayes: Cecchini, Wulff, Miller, Kot, .Wanner, Amborn. Nays: 0. 97.139 MonoN by Miller, Second by Kot to recommend to City Council approval of the application of the City of Lakeville for amendments to Ordinance No. 167, the Lakeville Zoning Ordinance, concerning : 1) pet shops; 2) manufactured housing parks; and 3) .interim use permits, as presented., with a revision to Section 11-3-5, Subsection G. to read "Performance Security." Roll call vote was called on the motion. Ayes: Wulff, Miller, Kot, Wanner, Amborn, Cecchini. Nays: 0. .Assistant City Attorney )im Walston indicated that at their October 6, 1997, the City. Council denied the application. of )il Ocel for a conditional use permit to allow the keeping of non~lomestic animals at her single family residence located at 17113 Frazer Path. A recommendation was not forwarded to the City Council by the Planning Commission due to a tie vote. City Attorney Walston presented a summary of the Findings of Fact adopted by the City.. Council which finds the following. 1) the requested conditional use permit proposes a commercial use in a residential district, which is inconsistent with the Comprehensive Plan; 2) because the applicant cannot guarantee. her 24-hour presence or that of a licensed animal handler, the Burmese Python Snakes are an endangerment to area residents; and 3) the conditional use permit runs with the property, not the applicant, and, therefore, a • subsequent property owner may not possess the animal management skills and licenses of the current property owner. Regular Planning Commission Meeting Minutes October 1 b, 1997 Page 8 Mr. Walston noted that denial of a conditional use permit on the basis of property • depreciation requires expert opinion and the City Council did not feel that credible .evidence had been presented regarding impact on the value of surrounding properties. Commissioner Amborn questioned the rationale for the current Zoning Ordinance criteria that refers to depreciation of surrounding properties since it appears that determination of value is difficult to verify. Staff responded that they will confer with Roger Knutson, City Attorney, regarding the CUP criteria and also review state statutes to determine. if this standard can be revised or eliminated. The next Planning Commission Meeting will be held at 6:00 p.m. on Thursday, November 6, 1997. There being no further business, the meeting was adjotarned at 9:15 p.m. Respectfully submitted, Donna Quintus, Recor ing Secretary ATTEST: Howard Amborn, Vic hair