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HomeMy WebLinkAbout11-21-96 City of Lakeville PLANNING COMMISSION MEETING MINUTES November 21,1996 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: Bellows, Miller, Kowalke, Luick, Amborn, Cecchni, Wulff. Absent: Rieb. 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. Chair Luick noted a typographical. error with regard to capitalization of the word "Lengthy" in the third paragraph on page ten of the November 21, 1996 minutes. The minutes of the November 21, 1996 Planning Commission meeting were approved as amended. • Community and Economic Development Director Michael Sobota requested that the agenda order be modified and that the public hearing for Phillips/Gephart be heard at this time to accommodate those present in the audience to hear testimony regarding this issue. The Planning Commission consented to the agenda revision. ITEM.NO. 6: PUBLIC IIEARING (continued from 10/17/9¢,x: William Phillips and Florence Gephart Conditional Use Permit (CUP) and Lot Width Variance: 10322 -199th Street West Chair Luick opened the public hearing to consider the applications of William Phillips and Florence Gephart for: 1) a conditional use permit (CUP) within the Flood Plain Overlay District and 2) a lot width variance for two proposed lots to allow the construction of a new single family dwelling. Assistant. City Attorney Jim Walston attested that the legal notice had been duly published and mailed as required by state statute. Associate Planner Frank Dempsey noted that the Planning Commission had continued this public hearing from the October 17, 1996 meeting due to City staff's identification of several unresolved planning and engineering related issues. These issues have subsequently been addressed by the applicants and City staff is satisfied that all pertinent information has been submitted for formal review and recommendation by the Planning Commission. Regular Planning Commission Meeting Minutes November 21, 1996 Page 2 i Mr. William Phillips and Ms. Florence Gephart have submitted an application far an administrative subdivision to create two residential lots from an existing parcel legally described as Lots 7, 8, .and 9, Block 23, Lenihan's Lots, Antlers Park together with the vacated street formerly identified as Forest Glen Avenue. This is a legal non- conforming lot of record located at 10322 - 199th Street West. The proposed administrative subdivision is located on Lake Mazion, is currently zoned R-2, Single Family Residential, and is within the Shoreland Overlay District and Flood Plain Overlay District. Ms. Gephart owns the entire parcel and the existing house located on proposed Pazcel A. Pazeel B is the proposed new lot upon which a new house is proposed to be constructed. This lot is located in a low lying, flat azea which. will require fill to be brought onto the site to elevate the proposed building pad area to an elevation to meet the minimum flood protection elevation of 986.0 feet or above. A conditional use .permit is required to place fill in the flood plain below an elevation of 985.0 feet. Vaziances aze proposed far lot width for both of the proposed pazcels. Parcel A will require a lot width variance of 63 feet at the street setback line for a final lot width of 37 feet. Parcel B will require a lot width vaziance of 43.4 feet at the street setback line to allow a 56.6-foot lot width and a lot width variance at the Ordinary High Water Level (OHWL) setback line of 13.6 feet to allow an OHWL setback width of 86.4 feet. • The proposed new single family home on Parcel B will conform to current ordinance setback requirements. Detailed discussion included the following: 1) Historical Background: Property was platted in 1909 and replatted in both 1910 and 1941. In 1974, the City assessed the property two residential units for sanitary sewer and water with the understanding the parcel could be subdivided in the future. 2) .Existing Utility Layout & Proposed Relocation: The existing sanitary sewer across the parcel was constructed outside the dedicated utility easement and currently extends across a portion of Parcel B where the proposed new house is to be located. The City is proposing to correct the situation by paying for the relocation of the sanitary sewer service. The owner will then dedicate a drainage and utility easement within Parcel B over the new sanitary sewer service alignment. 3) Access: A City-owned parcel currently provides driveway access to the existing and proposed parcels. An Agreement between the City and the property owners is being dra, fled as part of the administrative subdivision that will provide legal access to the proposed parcels, as weld as the City's retention of legal access to • the existing lift station for maintenance purposes. The zoning ordinance requires that the driveways be paved. The property owners have agreed to pave the Regular Planning Commission Meeting Minutes November 21, 1996 Page 3 driveway. In a three-way Agreement, the City will participate in sharing the cost of paving the driveway from the 199th Street existing pavement to the l~ station. 4) Existing Encroachments: Existing concrete steps encroach onto the proposed Parcel B which provides access to the lake from Parcel A. A private cross easement is being required for the administrative subdivision to allow the owner of Parcel A to cross Parcel B to access the lake. The property owner to the west (Moreland) has a shed that encroaches onto proposed Parcel A. Mr. Moreland's gravel driveway also has a minor encroachment onto the northwest corner of Parcel A. The applicants have agreed to providing a $500.00 cash security to guarantee the removal of the shed encroachment. The Environmental Affairs Commission has reviewed the Soreland Impact Plan and has recommended approval. Commission members discussed the proposal. Commissioner Kowalke noted that construction. of the house is planned for the fall/winter. Sod will .not be available until spring and suggested adding a June 1, 1997 deadline for sodding. Commissioner Amborn requested clarification regarding fill elevations. Staff responded. Assistant City Attorney noted that on Page 7 of the Planning Report a typographical .error should be corrected. to identify the Flood Fringe Chapter in the zoning ordinance as Chapter "45" and not " 25." There were no comments from the public. 9b-123 MOTION by Wulff, Second by Miller to close the public hearing. Roll call: was taken on the MOTION: Ayes: Unanimous. The Commission members noted that the proposed three-way agreement for access should be signed by the City and Condition No. 8 should be modified to show the City paying for burying the electric power lines to the lift station. MOTION by Amborn, Second by Wulff to recommend to City Council approval of the applications submitted by William Phillips and Florence Gephart for a conditional use permit to allow the placement of fill within the Flood Plain Overlay District and a lot width variance for two proposed lots to allow the construction of a new single family dwelling on property located at 10322 - 199th Street West subject to the eight stipulations stated in the Planner's Report dated November 12, 1996 with modifications to: 1) Stipulation No. 4, modified to read: "The three-way access agreement shall be signed by Gephart, Phillips, and the City prior to the approval of the variance and conditional use permit. " 2) Stipulation No. 6 be modified as follows: "All exposed • grading and frll areas shall be restored with sod upon completion of the building exterior or by June 1. 1997. " and 3) Stipulation No. 8 be modified to read: "All electrical power service lines to Parcel B shall be placed underground with the City Regular Planning Commission Meeting Minutes November 21, 1996 Page 4 i bearing the cost or the buryi_~o~lectric power lines to the sanitary sewer pumping station. "and the findings of fact as presented by Planning staff and dated November 21, 1996. Roll call was taken on the MOTION. Ayes: Unanimous. ITEM NO. S: PiTRL.I NF.ARiN : Appro Development, Inc.: PROGRESSIVE RAIL FIRST ADDITION Chair. Luick opened the public hearing to consider the application from Appro Development, Inc. for the preliminary and final plat of Progressive Rail First Addition. Assistant City Attorney Jim Walston attested that the legal notice had been duly mailed and published as required by state statute. Community and Economic Development Director Michael. Sobota requested that the Planning Commission continue this public hearing to a future meeting to allow additional time for the applicant to provide more details regarding their proposal. The Progressive Rail First Addition subdivision includes a site for Alcorn Beverage for the purpose of constructing a warehouse. The proposal also includes a transloading facility. Staff has identified several issues with the proposed use which would have an impact on the lot configuration of the proposed plat. The applicant will address these issues. and • provide additional information prior to formal presentation to the Commission. However, Mr. Sobota advised that staff has been provided with a video showing an existing transloading facility and the activities/processes and products that could be included in the proposal for the Progressive Rail site. Staff suggested that the Planning Commission, upon viewing this video, provide staffwith questions or identify any information and details they would like to have the applicant respond to that would facilitate thorough discussion at the next meeting. Members of the Planning Commission raised several questions that relate to the project. Addressing these questions would help with their discussion and their formal review at a future date. Issues noted were as follows: 1) Need clarification on the on-site truck maneuvering (i.e., 18-wheeler turnaround) on the transload facility. Can trucks cross the tracks at any location? 2} A written emergency response :plan should be prepared in consultation with the fire marshal addressing what would happen under emergency conditions. with materials that cannot be controlled with water in the event of a fire. 3) A security plan should be prepared regarding the site, i.e., fencing, lighting, gating, and security personnel 4) On-site aboveground storage tanks may be needed for fire safety/spill clean-up. • 5) Will any .materials be brought to the site to be loaded onto rail cars? Staff noted there is a prohibition in the zoning ordinance regarding waste materials and. processing of which the developer should be aware. Regular Planning Commission Meeting Minutes November 21, 199b Page 5 6) Will there be any facility impact on township properties to the south? 7) What experience do the principals of the business have in operating a business like this and what would happen to this facility if the operation does not work financially, i.e., re-use options? 8) Developer should provide a list of other municipalities where these types of facilities have been developed and operated. City staff should contact those cities to identify any issues related to design or operation. 9) City staff should check to see if this project is covered by State Environmental Assessment Worksheet (EAW) guidelines. 96-124 MOTION by Miller, Second by Cecchini to continue this public hearing to the December 5, 1996 Planning Commission meeting. Roll call was taken on the MOTION: Ayes: Unanimous. Community and Economic Development Director Sobota advised the Commission that at their November 18, 1996 meeting the City Council adopted a resolution for an interim ordinance temporarily prohibiting new motor fuel facilities within the City of Lakeville to allow for an in-depth study concerning changes to official controls for new motor fuel facilities. This action was prompted by the Planning Commission's request • for astudy/survey regarding design standards for gasoline stations/convenience centers and other franchise facilities/structures. This ordinance is in effect until November 17, 1997 or the adoption of official controls and ordinance standards for these types of facilities. Members of the Commission were pleased with the Council action. There being no further business, the meeting was adjourned at 7:40 p.m. Respe tfully submitte onna Quintus, Reco ing Secretary ATTEST: David Luick,.Chair