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HomeMy WebLinkAbout12-05-96 City of Lakeville PLANNING COMMISSION MEETING MINUTES December 5,1996 The meeting was called to order by Chair Luick at 6:00 p.m. in the City Hall Council Chambers. Roll call of members was taken. Present: Kowalke; Rieb; Luick; Amborn; Cecchini; Wulff. Absent: Miller; Bellows. 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 November 21, 1996 Planning Commission meeting were approved as printed. ITEM N0.4: ANNO TN .M .NT Community and Economic Development Director Michael Sobota announced that staff will be recommending a continuance of the public hearing regarding the proposed Progressive Rail First Addition plat. This hearing is scheduled as agenda item #7 for this evening's Planning Commission meeting. Sobota advised those present in the audience concerning this topic that formal recommendation and action will not be taken at this meeting. ITEM NO.S: PITBL.I HF. RiNG; 1 SPECIAL HOME OCCUPATION: Nancy Guenther Hair Salon, 17431 Fieldcrest Avenue Chair Luick opened the public hearing to consider the application for a special home occupation permit to allow the operation of a hair salon in a single family residence located at 17431 Fieldcrest Avenue. Assistant City Attorney Jim Walston 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 from Nancy Guenther for a special home occupation permit for the purpose of operating a hair salon out of her home located at 17431 Fieldcrest Avenue. The property is located on Lot 3, Block 1, Meadow Brook 4th Addition and is zoned R-2 Single Family Residential District. The ordinance recognizes hair salons as a special home occupation and is regulated in accordance with the provisions of Title 11-7-4 Home Occupations of the zoning ordinance. Regular Planning Commission Meeting Minutes December 5, 1996 Page 2 CommissionerMiller arrived and took his chair at 6: OS p.m. In addition to other conditions for approval, staff recommends that not more than two customers at a time be served to reduce traffic through the neighborhood and lessen parking demand and that off-street only parking be allowed for salon .customers. Staff recommends approval of the special home occupation application subject to the stipulations as outlined in the planning report. Ms. Guenther was present and stated that she understands the conditions of the permit and is in agreement to those conditions. Ms. Guenther indicated that she has no plans for installation of a sign at this time. There were no comments from the audience. 96-125 MOTION by Amborn, .Second by Wulffto close the public hearing. Roll call was taken on the motion: Ayes: Unanimous. 96-126 MOTION by Amborn, Second by Wulff to recommend to City Council approval of the application to recommend to City Council approval of a Special Home Occupation Permit as requested by Ms. Nancy Guenther to allow the operation of a hair salon in a single family residence located at 17431 Fieldcrest Avenue and legally described as Lot 3, Block 1, Meadow Brook 4th Addition subject to the stipulations as listed in the planning report dated November 27, 1996 with an amendment to stipulation no. 10 to require that the special home occupation permit expire one (1) year following the City Council's approval of the permit instead of following the issuance of a Certificate of Occupancy and approval of the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM N0. 6; PiTBL.IC HEARING; (continued from 6-20-96 PC Meeting KENRIDGE PRELIMINARY PLAT/REZONING Chair Luick reconvened the public hearing that was continued from the June 20, 1996 Planning Commission meeting. Continuance of the hearing was requested by Marell, Inc., the developer, for consideration of the preliminary plat and rezoning requests for the proposed Kenridge plat.. Since several abutting property owners had attended the. original scheduled public hearing in June to receive information regarding the proposed plat, staff re-notified the property owners within 500 feet of the proposed plat boundaries informing them of this December 5, 1996 public hearing date. In addition to the meeting notice, a reduced copy of the proposed Kenridge preliminary plat was included in the property owner notification mailing. City Planner Daryl Morey noted that at their September 5, 1996 meeting the Planning Commission extended consideration of the preliminary plat to March 16, Regular Planning Commission Meeting Minutes December 5, 1996 Page 3 1997. Minor modifications to the preliminary plat plans have been made and the developer has indicated they aze now ready to proceed with their preliminazy plat and rezoning requests. City Planner Morey informed the Commission that staff had conducted additional reseazch and determined that a variance to lot azea requirements for proposed Lot 3, Block 4 is not required; therefore, the vaziance request has been withdrawn and is not a part of this public heazing. The Kenridge single family residential subdivision is proposed to be located on an approximate 80-acre pazcel on the east side of Flagstaff Avenue, south of 175th Street. The east half of the 80-acre pazcel of land is currently zoned R-2, Single Family Residential District and the west half is currently zoned R-A, Single Family - Agricultural Residential District. The developer is requesting from the Planning Commission consideration of their application for a rezoning of the west half of the subject property from R-A to R-2 to accommodate the proposed Kenridge single family residential development. Staff supports the rezoning request and recommends approval based on the findings of fact dated December 5, 1996 and provided to the Planning Commission in their informational materials for this meeting. ~x O, f,~rcio Commission Member Bellows arrived and took his chair at b: 30 p.m. The Kenridge plat consists of 145 single family lots on approximately 80 acres of land resulting in a gross density of 1.8 lots/acre. The subdivision is proposed to be developed in two phases with Phase l .consisting of 74 single family lots on the west side of the plat and Phase 2 consisting of 71 single family lots on the easterly half of the plat. Discussion ofthe Kenridge preliminary plat included the following: Grading for a111ots and streets of the Kenridge plat will be completed in the first development phase. The City Engineer has recommended approval of the proposed mass grade of the entire site due to the location of the ponding area in the second phase of the development and because the pond must be constructed with first phase improvements. Outlots: Two outlots aze proposed for the plat. Outlot A contains the Northern Natural Gas Company pipeline substation and is located on the west side of the plat adjacent to Flagstaff Avenue. Outlot B is on the east side of the plat and the developer will. construct a storm water management pond within this outlot. Outlot B will be deeded to the City with the final plat. of the first phase. Lot Configuration: A 100-foot wide pipeline easement traverses Lot 6, Block 2 with an approximate 25-foot wide strip of land of this lot located on the east . side of the easement. This strip of land is included as a part of Lot 6, Block 2 in order to meet the. ordinance requirements for minimum lot area for corner lots in the R-2 District exclusive of the pipeline easement. Staff requested that the Regular Planning Commission Meeting Minutes December 5, 1996 Page 4 Commission consider a realignment of the common lat line of Lot 5 and Lot 6, Block 2 to the centerline of the pipeline easement. This action would technically require a variance to lot azea requirements for Lot 6; however, staff believes that the relocation of the easterly boundary line of Lot 6 would result in an improved overall lot design and that the pipeline easement and substation represent a hazdship that would justify granting the tot azea vaziance for this lot. Street Construction/Collector Street Eztension(s)/Utilities: Proposed street, sanitary sewer, water, and storm sewer for the Kenridge addition aze not included in the City's 5-yeaz Capital Improvement Plan. The developer has agreed to be responsible for the full construction casts of the street and utility improvements for this development, including the upgrade of Flagstaff Avenue to an urban street section adjacent to the westerly plat boundary, as well as construction of Fieldcrest Avenue to minor collector street standazds. Trails:. An eight-foot bituminous trail is proposed to be constructed by the developer on the east side of Flagstaff Avenue from 175th Street to the south plat boundary.. Landscaping/Bermin~: The proposed Landscape Plan meets the City's ordinance requirements. The developer has also indicated on the Landscape Plan their intention to provide .additional landscaping and berming along the east end of the seven lots that abut the existing Country View and North Creek manufactured home pazks. Subdivision Identification Sign: Consistent with Sign Ordinance requirements, the developer has shown the location of two proposed subdivision identification signs on the preliminary plat. The temporary signs must meet all ordinance property line setback requirements. A sign .permit and a security guaranteeing the removal. of the signs within a specific time frame as determined by the Building Official is required with the first phase. Based on Community Development staff review and comments from the City Engineer, Environmental Affairs Committee, Pazks and Recreation Committee, and Dakota County Soil and Water Conservation District, the Community and Economic Development Department staff recommends approval of the Kenridge preliminazy plat. Mr. Lyle Nash, representative for Mazell, Inc., was in attendance and stated that the developer is familiaz with the stipulations as defined by staff and they aze in agreement with the conditions for the Kenridge preliminary plat approval. Mr. Ralph Wagner, Probe Engineering Co., Inc., was also in attendance to answer questions from the Commission. Commission discussion included the following: Sanitary Sewer/Trunk Sewer Capacity: In response to Commissioner Cecchini's inquiry, staff responded that the recently completed Comprehensive Regular Planning Commission Meeting Minutes December 5, 1996 Page 5 Sanitary Sewer Plan Update completed by SEH Engineering included studies for full development of the City and this plat would not necessitate additional trunk sewer construction down stream. Lot Line Realignment for Lot 6. Block 2: The Commission concurred that relocation of this lot line to the centerline of the utility easement would provide for improved lot design and that the existing utility easement which intersects this lot represents a hardship that justifies a vaziance to minimum corner lot azea requirements. It was agreed that the developer should pursue a variance for this issue at the time of final plat for the first phase. Storm Water Management Pond: Mr. Wagner responded to questions from the Commission regazding the design and construction of the storm water management pond proposed for Outlot B. The pond which is physically located in Phase 2 will be constructed concurrent with Phase 1 development as it will serve the entire plat. Street/Trail Locations:. Commissioner Wulff questioned the distance between the two stub streets that will. provide future access to the property to the south. Upon further discussion, staff and the Commission agreed that pedestrian access to the property to the south should be provided between Lots 12 and 13, Block 4. However, staff recommended that since the property to the south is not within the current MUSA, it would be appropriate to require an unimproved trail easement for future trail improvement when the property to the south develops. A security deposit would be required from the developer to cover the cost of the future trail improvements. Mr. Nash stated the developer's willingness to provide a standard unimproved 20-foot trail easement between proposed lots I2 and 13, block 4 (10 feet on each lot) or as determined by staff and further to provide a security deposit to cover the cost and ensure trail construction when future development warrants the improvement. Chair Luick opened the hearing to public comment. Mr. Doug Loew, 6164 - 175th Street West, requested information regarding types of housing, timeline for construction, and proposed screening of the single family lots from. the contiguous manufactured housing development along the southeasterly plat boundary. The developer responded. Mr. Loew also requested information regarding rumors of expansion of the North Creek mobile home development. Staff responded that although the developer has on file with the City a plan. for a third phase for ultimate development of his property, na application has been submitted to the City at this time. Regular Planning Commission Meeting Minutes December 5, 1996 Page 6 There was no further comment from the audience. 96-127 MOTION by Kowalke, Second by Rieb to close the public hearing. Roll call. was taken on the motion: Ayes: Unanimous. 96-128 MOTION by Wulff, Second by Amborn to recommend to City Council approval of the rezoning from R-A, Single Family -Agricultural District to R-2, Single Family Residential District as requested from Mazell, Inc. for the Kenridge plat and approve the findings of fact for the rezoning and recommend to City Council approval of the Kenridge preliminary plat subject to the eleven stipulations as listed in the Planning Report dated November 27, 1996 with the following modifications: 1) Stipulation No. 8 shall be modified by striking the third sentence regarding reimbursement of trail construction costs. 2) Stipulation No. 9 shall be modified to read: "A temporary turnaround shall be provided at the south end of Flagship Avenue until it is extended to the south when the adjacent property to the south develops. A street barricade shall be installed at the south end of Fieldcrest Avenue until it is extended to the south when the adjacent property to the south develops. • and with the addition of: 3) Stipulation No. 12 to read as follows: "A trail easement for future trail connections to the south shall be provided between proposed Lots 12 and 13, Block 4 and the developer shall provide a security deposit for the construction of trail improvements in the future when the property to the south develops and a trail connection is needed. " 4) Stipulation No. 13 to read as follows: "The developer shall apply for a lot area variance for Lot 6, Block 2 and the east line shall be relocated to the centerline of the Northern Natural Gas pipeline easement. " Roll call. was call on the motion. Ayes:. Unanimous. ITEM NO. T. PLrBLIC HEARING; (continued from 11-21-96 PC Meeting PROGRESSIVE RAIL FIRST PRELIlYIINARY AND FINAL PLAT Chair Luick reconvened the public hearing which was continued from the November 21, 1996 Planning Commission meeting as requested by the developer for consideration of the Progressive Rail First Addition preliminary plat. Appro Development, Inc. has submitted a revised preliminary plat for development of the 22-acre site located on the southwest corner of Highview Avenue and County Road 70. The new plat design includes the reduction of lot width to proposed Lot 1 and redesignating of the previous Lot 2 to an outlot. Community and Economic Development Director Sobota stated that the. Environmental Affairs Committee (EAC) reviewed the Progressive Rail First Regular Planning Commission Meeting Minutes December 5, 1996 Page 7 • Addition preliminary and final plat at their December 3, 1996 meeting. The EAC voted unanimously to table action on the revised preliminary and final plat for Progressive Rail First Addition and, in lieu of requiring an Environmental Assessment Worksheet (EAW) at this time, the EAC recommended that the developer respond to the December 3, 1996 letter from the City's Environmental Engineer Heidi Hamilton requiring additional information. Upon review of the submitted information, the EAC. will determine whether an EAW is required as part of Phase I of the project. Therefore, Community and Economic Development staff recommend continuance of this public hearing until EAC recommendations aze forwazded to the Planning Commission. 96-129 MOTION by Miller, Second by Kowalke to continue the public hearing until such time as the developer has responded to the Environmental Affairs Committee request for additional information and the Environmental Affairs Committee recommendation is forwarded to the Planning Commission. Roll call was taken on the motion: Ayes: Unanimous. ITEM NO.8: PIIBL.IC HF. RiNC; ATLAS SPECIALIZED TRANSPORT, INC. CONDITIONAL USE PERMIT Chair. Luick .opened the public hearing to consider the application from Mr. Jack Matasosky of Appro Development, Inc., representing Schubert Properties, LLC, to consider a conditional use permit to allow impervious surface coverage greater than 25% in the Shoreland Overlay District. Assistant City Attorney Jim Walston attested thatthe legal notice had been duly published and mailed as required by state statute. City Planner Daryl Morey presented an overview of the request to allow impervious surface coverage greater than 25% in the shoreland overlay district. The subject property is zoned I-1, Limited Industrial District and lies within the Flood Plain and Shoreland Overlay Districts for South Creek. The requested conditional use permit would allow for the construction of an Atlas Specialized Transport, Inc. office/wazehouse truck terminal on land located on the north side of 213th Street at Heywood Avenue. Phase 1 development plans include the construction of a 15,000 squaze foot office/warehouse truck terminal facility on property currently identified as Lots 9 and 10, flock 4, Airlake Industrial Park Second Addition. Staff is recommending that these two lots be combined to accommodate the proposed facility prior to final building permit issuance. Phase 1 development of the facility, including pazking, will result in an impervious surface coverage of 33.7%. Phase 2 of the development includes an 8,000 square foot warehouse expansion with additional parking resulting. in an overall impervious surface .coverage of 60.7%. The Zoning Ordinance permits a maximum. of 75% impervious surface coverage for industrial Regular Planning Commission Meeting Minutes December 5, 1996 Page 8 • zoned properties lyin within the Shoreland Overla District throu h a conditional g Y g use permit subject to the regulations as set forth in Section 11-46-7.E.2.a. of the Zoning Ordinance. Proposed driveway access to the Atlas Specialized Transport, Inc. trucking facility includes two driveway access points. Both driveway accesses are 24 feet wide and designated fortwo-way traffic. The accesses will be at least 40 feet apart as required by the Zoning Ordinance. However, the ordinance further restricts driveway access by allowing only one driveway access per 125 feet of street frontage. The subject property has less than the 250 feet of street frontage required by ordinance to allow two driveway accesses. A variance will be required to allow the second driveway access. Staff have indicated they would support the variance request due to: 1) the overall width of the lot; 2) two driveway accesses would be allowed if each of the two lots was developed separately, and 3) staff's determination that two accesses to this site results in efficient and safe site circulation and low traffic volumes on the street. The developer has also submitted a deferred parking application. The site. plan shows five deferred parking spaces located in the northwest corner of the future warehouse expansion. Staff recommends relocation. of these five spaces for site • circulation safety reasons. Jack Matasosky, Appro Development, and Jeanne Schubert, Atlas Specialized Transport, Inc., were in attendance and answered several questions from the Commission regarding operation of the facility, hours of operation, proposed security measures, screening/fencing, building aesthetics, and phasing of the development. Ms. Schubert stated that there are no plans for an on-site truck washing facility nor will there be any fueling of vehicles on the property. Additional discussion included whether or notthere will be a need for outdoor storage; location of the outdoor storage, and identification of what. types of materials or commodities would be stored outside.. It was noted that outside storage not on a truck trailer would not be permitted within the Flood Plain area of the site. Mr. Matasosky noted that he will work with the applicant and a location for outside storage will be identified in the final site plan prior to presentation of the variance application to the Planning Commission. There was no public. comment. 96-130 MOTION by Kowalke, Second by Wulffto close the public hearing. Roll call was taken on the motion: Ayes: Unanimous. After further discussion, Mr. Matasosky and Ms. Schubert stated they were in agreement to the stipulations as outlined in the planner's report dated November 27, Regular Planning Commission Meeting Minutes December 5, 1996 Page 9 1996 and the engineer's report dated November 25, 1996, including additional stipulations/modifications asdiscussed at this meeting including the following: ? An amendment to Stipulation No. 12 to provide a $10,000 security rather than $5,000 security to guazantee installation of landscaping. ? An amendment to Stipulation No. 16 delineating the boundary for security fencing along the west boundary of the property. A security fence shall be installed with Phase 1 along the west and north boundaries of the site from the west end of the landscaped berm to be constructed on the south side of the site to the emergency overflow to be constructed in the storm water management pond. A security fence shall be installed around the entire perimeter of the site with the development of Phase 2. ? Addition of Stipulation No. 19 to the conditional use permit prohibiting the storage of hazazdous materials on-site. City Planner Morey noted that due to the developer's intent to construct the two driveway accesses in the Phase 1 development of the site a vaziance will be required prior to approval of the CUP by the City Council. Depending upon when a variance application is submitted to the City it is conceivable that a public heazing could be • held at the first Planning Commission meeting in January, 1997. 96-131 .MOTION by Rieb, Second by Wulff to recommend to City Council approval of the Atlas Specialized Transport conditional use permit request to allow construction of an office/warehouse trucking facility subject to the stipulations outlined in the November 27, 1996 planning report and the modifications and additional stipulation as agreed to by the applicant and the findings of fact dated December 5, 1996. Roll call was taken on the motion. Ayes: Unanimous. ITEM NO. 9: 'P BLI N . Rnvr; Zoning Ordinance Text Amendment Chair Luick opened the public hearing to consider a Zoning Ordinance amendment concerning body piercing and tattoo parlor requirements as a permitted use in the B- 4, General Business District. Assistant City Attorney Jim Walston attested that the legal notice had been duly published as required by state statute. Zoning Ordinance and City Code amendments have been prepared by Northwest Associates Consultants (NAC) at the direction of the City Council who, on August 5, 1996, enacted a temporary moratorium on the establishment of tattoo pazlors within the City of Lakeville. The tattoo parlor moratorium expires on February 18, 1997. • David Licht, NAC president, presented an overview of the proposed amendment to the City's Zoning Ordinance related to tattoo and body piercing establishments. The Zoning Ordinance amendment creates definitions for body piercing and Regular Planning Commission Meeting Minutes December 5, 1996 Page 10 • tattooing and allows body piercing establishments and tattoo pazlors as a permitted use in the B-4, General Commercial District. In conjunction with the Zoning Ordinance amendment,. NAC has prepazed a draft amendment to Title 3 of the City Code providing for the licensing and regulating of such establishments. The amendment to the City Code is not subject to a public hearing; however, staff and the City Council have requested Planning Commission comment. Mr. Licht indicated that tattoo pazlors and body piercing establishments generate two issues of public concern. The first is a land use matter and focuses upon which parts of the community aze appropriate for such activities. The second issue is one of public health and safety relating to the spread of disease. The standard means whereby a community can address and regulate such concerns is through zoning and licensing. NAC recommends that tattoo pazlors and body piercing establishments be allowed as a permitted use within the B-4, General Commercial District. This district is recommended due to its broad coverage in terms of allowed uses and trade area intent and precludes this type of use in any other district; including neighborhood commercial settings as well as home occupations. Mr. Licht stated that the most serious potential problem posed by tattoo pazlors and body piercing establishments is the operation of such businesses as they relate to public health. Operational concerns. of a business activity are best regulated by means of licensing procedures. Through this mechanism the individual operator, required training, sanitation, and facility maintenance can be addressed. Lengthy discussion followed with the Commission requesting clazification to several issues including .the following: 1) provisions for revocation of license; 2) inspection methods and the ability to conduct random inspections; 3) the need for a City health officer; 4) licensing authority and duties associated with that responsibility; 5) need for in-depth clarification/definition of: "person", "employee", "good repair"; 6) standard practices for response to complaints/violations; 7) requirements for sterilization/disposal of contaminated gazments/towels; • 8) exemptions for certain establishments who perform ear piercing; 9} minimum age requirement of operator/customer; and 10) hours of operation. Regular Planning Commission Meeting Minutes December 5, 1996 Page 11 • Assistant City Attorney Jim Walston stated that, as written, some of the definitions and regulations can be beneficial to the City in a legal situation wherein certain events or issues are subject to interpretation rather than. set definitions. There was no public comment. 96-132 MOTION by Kowalke, Second by Luick to close the public hearing. Roll call was taken on the motion: Ayes: Unanimous. The Planning Commission agreed to direct further study of the proposed amendments to the Zoning Ordinance and City Code to address or clarify some of the issues as suggested by the Planning Commission. Mr. Licht stated that a revised draft amendment will be prepared by NAC and presented to the Planning Commission for review at their January 23, 1997 meeting.. There being no further business, the meeting was adjourned at 9;00 p.m. Respectfully submitted, i Donna Quintus, Reco ing Secretary ATTEST: David Luick, Planning Commission Chair •