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HomeMy WebLinkAbout06-06-96 City of Lakeville • PLANNING COMMISSION MEETING MINUTES June 6,1996 The meeting was called to order by Vice-Chair Rieb at 6:00 p.m. in the City Hall Council Chambers. Roll call of members was taken. Present: Rieb, Amborn, Cecchini, Wulff. Absent: Miller, Kowalke, Luick, 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 May 16, 1996 Planning Commission meeting were approved as printed. Commissioner Kowalke arrived and took his seat on the dais at 6:03 p.m. ITEM 4. CONSENT AGENDA • 96-61 MOTION by Amborn, Seconded by Wulffto recommend to City Council approval of the consent agenda as follows: A. Consideration of the Final Plat for Fairfield Business Campus 2nd Addition Roll call was taken on the motion. Ayes: Unanimous. ITEM 5. PITBL.I HEARiN r; PAMELA MILLER SPECIAL HOME OCCUPATION PERMIT APPLICATION Vice-Chair Rieb opened the public hearing to consider an application for a special home occupation permit to allow the operation of a hair salon in a single family. residence. 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 advised that the City has received an application from PamelaMiller for a special home occupation permit for the purpose of operating a hair salon out of her new home located at 17171 Ipava Avenue. The 1.6-acre parcel is unplatted and currently zoned R-2, Single Family Residential District. The Zoning Ordinance recognizes hair salons as a special home occupation and is regulated in accordance with the provisions of Section 4 of the Zoning Ordinance requiring a special home occupation permit. If approved, the special home occupation permit will be reviewed after one year at which time the applicant may apply for an extension for up to three years. Staff is recommending approval of the permit application subject to the stipulations listed in the planning report. Regular Planning Commission Meeting Minutes June 6, 1996 Page 2 Ms. Pamela Miller was present and answered questions from the Commission regarding the operation of the salon. Ms. Miller stated that she is not considering the installation of a sign at this time. There were no comments from the public. 96-62 MOTION by Kowalke, second by Amborn to close the public hearing. Roll call was taken on the motion: Ayes: Unanimous. 96-63 MOTION by Wulff, second by Cecchini to recommend to City Council approval of the Special Home Occupation Permit as requested by Ms. Pamela Miller to allow the operation of a hair salon in a single family residence located at 17171 Ipava Avenue subject to ten of the stipulations outlined in the Planning Report dated May 28, 1996, (removing No. 10 because it's the same as No. 3) and the findings of fact. Roll call was .taken on the motion. Ayes: Unanimous. ITEM 6. PUBLIC HEARiNC; REZONING & MINOR COMPREHENSIVE LAND USE PLAN AMENDMENT Vice-Chair Rieb opened the public hearing to consider the application of Airlake Development, Inc. for: A) a Minor Comprehensive Land Use Plan Amendment; and B) a rezoning of property from I-2, General Industrial District to B 3, Auto Oriented Business District. Assistant City Attorney Jim Walston attested that the legal notice had been duly published and mailed in accordance with state statute.. City Planner Daryl Morey presented an overview of the application from Airlake Development, Inc. for a rezoning of a 15-acre parcel that they own on the south side of C.S.A.H. 50, directly adjacent to the west of Jeff Belzer's Todd Chevrolet. Mr. Belzer has signed an agreement to purchase the subject property from Airlake Development, Inc. for future expansion of his automobile dealership. The purchase agreement is contingent upon City Council approval of a rezoning from I-2, General Industrial District to B-3, Auto Oriented Business District. Associated with this request is a minor comprehensive land use plan amendment redesignating the proposed land use of the subject property from industrial to commercial. Mr. Pat Regan, Airlake Development, Inc., and Mr. Jeff Krapu, Belzer Chevrolet, were present and responded to questions from the Commission. Discussion included the compatibility of the proposed use with present and future land uses in the area, ingress/egress to the site, and the proposed signalization at the intersection • of C.S.A.H. 50 and Cedar Avenue upon completion of the road upgrades. Sobota stated that all issues related to circulation and access would be addressed when a site plan and .conditional use permit application were filed by Mr. Belzer. Regular Planning Commission Meeting Minutes June 6, 1996. Page 3 • There were no comments from the public. 96-64 MOTION by Amborn, second by Wulff to close the public hearing. Roll call was taken on the motion: Ayes: Unanimous. 96-65 MOTION by Amborn, second by Cecchini to recommend approval of the Airlake Development, Inc. application for a Minor Comprehensive Land Use Plan AmendmenYand the rezoning application to rezone property from I-2, General Industrial to B-3, Auto Oriented Commercial District subject to Mr. Belzer closing on the purchase of the subject property and the findings of fact as presented in the May 31, 1996 planning report. Roll call was taken on the motion: Ayes: Unanimous. ITEM 7. PUBLIC HEARING; GATEWAY CENTER EASEMENT VACATIONS & PRELIMINARY AND FINAL PLAT Vice-Chair Reb opened the public hearing to consider the application of Gateway Development, LLC for: A} street and easement vacations; and B) the Gateway Center preliminary and final plat. Assistant City Attorney Jim Walston attested that the legal notice for the easement vacations and the preliminary and final plats had been duly .published and mailed in accordance, with state statute. Gateway Development, Inc. has submitted a preliminary plat for Gateway Center and a final plat for phase I of the development identified as Gateway First Addition. This commercial subdivision is proposed to be located on a 15.4 acre parcel of land situated in the southwest quadrant of the C.S.A.H. 5 (Kenwood Trail) and 172nd Street intersection, south of the an-ramp to I-35. The. proposed preliminary plat consists of seven commercial lots on two blocks. The Gateway First Addition final plat will accommodate the first phase of development consisting of two of these lots with the remaining developable lots being final plated as two outlots (D and E) for future development. The final plat also includes three outlots. (A, B, and C) which are being final platted and deeded over to the City for storm water retention and sedimentation ponds. City Planner Daryl Morey presented an overview of the details associated with the plats and the vacations including the following: . Zoning and Proposed Land Use: The property is zoned B-4, General Business District and the proposed commercial development of this property is consistent with the Comprehensive • Land. Llse Plan. The property is located within the 2010 Urban Service Area. . Lot Layout and Street Design: All proposed lot areas and lot widths meet or exceed minimum ordinance requirements. Two local streets are proposed to be constructed to serve the Regular Planning Commission Meeting Minutes. June 6, 1996 Page 4 Gatewa Center develo ment. One o these streets will rovide access onto y p p 172nd Street, which is designated as a major collector in the City's Transportation Plan. Appropriate street rights-of--way are proposed with this plat. In addition, a temporary turnaround easement is proposed to be located on Outlot D for the first phase of development. . Outlots: Outlots A, B and C include sediment retention and storm water retention ponds which will be deeded to the City with the final plat of Gateway First Addition. The sedimentation basins located within these outlots must be maintained by a commercial development association for the Gateway Center. Outlots D and E will be final platted in a future phase of the development. . Grading, Drainage, Erosion Control .and Utilities: The developer is proposing to grade the entire site with the first phase because of the severe topography. Assistant City Engineer Tim Hanson responded to several questions regarding grading and erosion control and utilities. . Tree Preservation and Wetlands: The Environmental Affairs Committee has reviewed this development proposal .and has recommended approval • Park and Trail Dedication: Cash contribution in lieu of land is recommended along with the construction of a sidewalk/trail along 172nd Street, as part of Phase I construction. Mr. Carl Tollefson, developer, and Mr. Steve Grohoski, Gateway Center partner, were present and responded to several questions from the Commission. Commissioner Wulff expressed concern that additional traffic will be generated .with the commercial development of this site. Ms. Wulff stated her belief that the existing traffic conditions at this intersection are dangerous and that current roadways cannot handle more traffic. Several persons were present for the public comment portion of this public hearing. Each of the following stated they were concerned that commercial development of this site would increase traffic in the C.S.A.H. 5 (Kenwood Trail)/172nd Street West/I-35 area and agreed that traffic is already at a dangerous level in this segment of these roadways. They further stated their belief that commercial development was not needed on the west side of I-35. Those residents in attendance were: Mary Gillespie, 17542 Kodiak Court; Karen Carron, 17555 Kodiak Avenue; Connie Tzenis, 11285 172nd Street West; i Roselyn Wilson, 11538 172nd Street West; Denise McKenna, 17545 Kodiak Avenue; and Donna Thompson, 17547 Kodiak Court. Regular Planning Commission Meeting Minutes June 6, 1996 Page 5 City Planner Daryl Morey and Assistant City Engineer Tim Hanson responded to several questions from the Commission and the public. Mr. Hanson stated that existing traffic conditions are temporary because of the I-35 reconstruction and will be improved upon completion of the interstate improvements and the opening of the new I-35/County Road 46 interchange. Because of this site's location along a state and county corridor, both MnDOT and the Dakota County Transportation Department have reviewed this development. Their reviews did not identify traffic volume .concerns. The City, as well as the state and county, acknowledge that some increase in traffic maybe experienced initially. However, with the opening of the new I-35/C.S.A.H. 46 interchange this fall, as well as other ultimate roadway improvements, it is anticipated that existing traffic conditions will be immediately alleviated. Ms. Irene Schultz, 11195 172nd Street West,-addressed the Commission stating her confidence and opinion that the new interchange will ease traffic conditions. She also indicated the current. traffic conditions began this summer, after the reconstruction project at I-35 was initiated. Commissioners Wulff, Amborn and Cecchini expressed a desire that a traffic study be completed prior to final action on the Gateway Center Development. • Staff believes that the new interchange will provide an alternative route for vehicular traffic that is more direct for many of those currently utilizing the C.S.A.H. 51172nd StreedI-35 intersection. x-66 MOTION by Cecchini, second by Wulffto table action on the Gateway Center preliminary. end final plat until a traffic analysis can be completed for the subject site. Discussion continued. Mr. Steve Grohoski stated he preferred formal: recommendation by the Planning Commission at this meeting so that this proposal can be brought before the City Council. at their next meeting. Mr. Fred Richter, Steiner Development and representative for Holiday Station Stores, Inc., stated that the concerns of the Commission for traffic congestion that exists in this area today are valid. However, he further stated his confidence in staff's ability to meet and address all issues. He agreed that the opening of the new interchange will relieve traffic congestion in the C.S.A.H./172nd StreetiI-35 intersection. He stated that the. opening of the proposed Holiday convenience store and gas station could be planned to coincide with the opening of the new interchange. Regular Planning Commission Meeting Minutes June 6, 1996 Page 6 • mm's ' Co i stoner Cecchini withdrew his motion. 96-66 MOTION by Cecchini, second by Amborn to close the public hearing. Roll call was taken on the motion: Ayes: Unanimous. 96-67 MOTION by Amborn, second by Kowalke to recommend approval of the street and easement vacations as requested by Gateway Development, LLC. Roll call was taken on the motion: Ayes: Unanimous. 96-68 MOTION by Amborn, second by Cecchini to recommend approval of the Gateway Center preliminary and final plats subject to the stipulations as outlined in the May 31, 1996 planning report with an additional stipulation that a formal traffic study be conducted by the City's traffic consultant related to traffic issues as they pertain to Subdivision Ordinance Section 10-2-4-1.C.1. and 2. regarding premature developments. Roll call was taken on the mation: Ayes: Rieb, Amborn, Cecchini. Nays:. Wulff. Due to current traffic conditions on C.S.A.H. 5 being dangerous and • the fact that approval ofthe development will intensify an already dangerous traffic situation; that Section 10-2-4-1 be considered as valid reason for denial of premature development; and that improvements to the I-35/C.S.A.H. 5 bridge/underpass should be scheduled and completed prior to additional development along this corridor. Nays: Kowalke. Commissioner Kowalke stated that the county and state transportation agencies have recommended that this development would not create additional traffic congestion and he had confidence in their appraisal of the future .alleviation of traffic upon opening of the C.S.A.H. 46 interchange, and as such, a traffic study is not needed. He further stated that it is the obligation of the Planning Commission to make a solid recommendation for either denial or approval to the City Council based upon their review of the facts submitted. Motion passes. Vice-Chair called for a recess. at 8:55 p.m: and reconvened the June 6,.1996 regular meeting at 9:05 p.m. ITEM 8. PLTBL.IC HF.ARiNC; .HOLIDAY STATION STORE CONDITIONAL USE PERMIT • Vice-Chair Rieb opened the public hearing to consider the application of Steiner Development, Inc. for a conditional use permit to allow the construction of a convenience store, gas station and car wash in the B-4, General Business District. Regular Planning Commission Meeting Minutes June 6, 1996 Page 7 • Assistant City Attorney Jim Walston attested that the legal notice had been duly published and mailed in accordance with state statute. Steiner Development, Inc., representative for The Holiday Companies, has applied for a conditional use permit to allow the construction of a Holiday gasoline station, convenience store and car wash in the B-4, General Business District. The property is located west of I-3 5 and County Road 5 and south of 172nd Street on Lot 1, Block 1 of the proposed Gateway First Addition final plat. Associate Planner Dempsey presented an overview of the following: aesthetic treatment parking site design and layout site lighting landscaping plan screening signage This lot will also accommodate the Gateway Center ident~cation sign for the . entire commercial development. outside storage oil/water separator maintenance. Staff recommends approval of the conditional use permit subject to the stipulations as stated in the plannering report. There were no comments from the audience. 96-69 MOTION by Kowalke, second by Amborn to close the public hearing. Roll call was. taken on the motion: Ayes: Unanimous. 96-70 MOTION by Kowalke, second by Cecchini to recommend approval of the conditional use permit as requested from Steiner Development to allow the construction of a convenience store, gas station and car wash in the B-4, General Business District subject to the seven stipulations as printed in the May 23, 1996 planning report with an additional stipulation that the oil and water separator be maintained and inspected on an annual basis, and the findings of fact. Roll call was taken on the motion: • Ayes: Ambarn, Cecchini,. Kowalke, Rieb. Regular Planning Commission Meeting Minutes June 6, 1996 Page 8 • Nays: Wulff. Commissioner Wulff stated she could not support the findings of fact as listed under 4f. related to traffic generation because that she felt there wasn't sufficient information to make a positive finding. ITEM 9. P 1BL.I H .ARiNC; ZONING ORDINANCE AMENDMENT: ATTACHED GARAGES Vice-Chair Rieb opened the public hearing for consideration of the application of the City of Lakeville for an amendment to Ordinance No. 167 concerning accessory buildings and maximum allowable square footage. Assistant City Attorney Jim Walston attested that the legal notice had been duly published in accordance with state statute. Associate Planner Dempsey reviewed the background on the proposed ordinance amendment. In response to an increase in requests for oversized attached garages, particularly in "executive" subdivisions with very large single family homes, City staff is requesting that the current zoning ordinance regulating attached garages. to not more than 1,000 square feet be reviewed for possible revision. On May 16, 1996 the Planning Commission agreed with staff that compatibility with standard and customary home sizes was the intention of current regulations for attached • garages and that, as new homes in some subdivisions have increased in size along with the 1994 ordinance requirement for larger lot sizes, justification for larger. attached garages may be warranted. Associate Planner Dempsey advised that staff is recommending a maximum attached garage size of 1,250 square feet in the R-A, R-1 and R-2 Districts for lots platted after January 1, 1994 and for pre-1994 R-2 District Tats larger than one acre. Staff also recommends allowing an attached garage to exceed 1,250 square feet in these areas by means of a conditional use permit providing for flexibility in the ordinance. The Planning Commission directed staff to address the use of storage areas below "at-grade" garages. Language has been incorporated into the draft ordinance specifying that storage spaces located directly below attached garages shall not be considered in determining allowable attached garage floor area. .There were no comments from the audience. 96-71 MOTION by Amborn, second by Wulff to close the public hearing. Roll call was: taken on the motion. Ayes: Unanimous. 96-72 MOTION by Wulff, second by Cecchini to recommend to City Council approval of . the proposed ordinance amendment concerning accessory buildings. Roll call was. taken on the motion. Ayes: Unanimous. Regular Planning Commission Meeting Minutes June 6, 1996 Page 9 T M I E 10. P L.I(' H .ARiN ;TOM RYAN REQUEST FOR CONDITIONAL USE PERMIT Vice-Chair Rieb opened the public hearing for consideration of an application from Tom Ryan to allow a detached accessory building in excess of 1,100 square feet in area and 15 feet in height. Assistant City Attorney Jim Walston attested that the legal notice had been duly published and mailed as required by state statute. Mr. Tom Ryan has submitted an application for a conditional use permit to allow an expansion of his existing house and attached garage located at 16615 Ipava Avenue. Mr. Ryan is proposing to construct a two stall addition and a sleeping room onto his existing home. The attached garage addition complies with the size requirements proposed with the zoning ordinance amendment for attached garages {Agenda Item 9). Mr. Ryan owns two contiguous parcels, one 7 acres and one 1 l acres. Staff is recommending the combination of these two parcels prior to City Council consideration of the conditional use permit. Associate Planner Dempsey advised that an existing detached accessory building on the property was built for agricultural purposes by the former property owner in 1984 without benefit of a building permit. Mr. Ryan has agreed to bring this • accessory building into compliance with the zoning ordinance by applying for the conditional use permit. Mr. Ryan noted that the detached accessory building is used as a barn and houses animals and related hobby farm. equipment. The applicant has also agreed to remove the detached accessory building prior to future development or subdivision of the property into single family lots. Discussion also included: • requirement for septic system inspection; • restriction that the living quarters proposed above the garage will not provide for separate living facilities such as cooking or refrigeration appliances; and • proposed aesthetic treatment of the addition. There was no public comment. 95-73 MOTION by Amborn, second by Wulff to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 95-74 MOTION by Wulff, second by Amborn to recommend to City Council approval of the conditional use permit as requested by Tom Ryan to allow a detached accessory . building in excess of 1,100 square feet in area and 15 feet in height in the R-2, Single Family Residential District located at 16615 Ipava Avenue subject to the stipulations as stated in the planning report dated May 23, 1996 and the findings of fact. Regular Planning Commission Meeting Minutes June 6, .1996 Page 10 Roll call was taken on the motion. Ayes: Unanimous. ITEM 11. PITBi.iC NEr~R1N(: (Continued from March 21,1996): SORENSON/SOBERG REQUEST FOR REZONING; CURTIS SOBERG REQUEST FOR REZONING; AND 3j BEAUCHEMIN CONDITIONAL. USE PERMIT APPLICATION Vice-Chair Rieb reconvened the public hearing continued from March 21, 1996 for consideration of the following applications: 1. Lloyd and Gail Sorenson and Robin L. Soberg to rezone property from R-1, Low Density Single Family Residential District to R-A, Single Family Agricultural Residential District; 2. Curtis Soberg requestto rezone property from R-A, Single Family Agricultural Residential District to R-1, Low Density Single Family Residential District; and 3. Sa11y Beauchemn request for a conditional use permit to allow an existing house to be moved onto property in the City of Lakeville. On March 21,.1996 the Planning Commission conducted a public hearing to consider the rezoning of property and a conditional use permit to move a house onto . property in the southwest corner of Lakeville. The public hearing was tabled until additional information was submitted pertaining to percolation tests and the proposed exterior remodeling of the house to be moved onto the subject property. Staff noted that the percolation test and elevation drawings had now been submitted and staff recommended approval of the rezonings and conditional use permit. There was no comment from the public. 96-75 MOTION by Wulff, second by Cecchini to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 96-76 MOTION by Wulff, second by Amborn to recommend approval of the rezonings from R-1, Low Density Single Family Residential District to R-A, Single Family Agricultural Residential District and from R-A, .Single Family Agricultural District to R-1, Low Density Single Family Residential District as requested and to recommend approval of a conditional use permit to allow an existing house to be moved onto a lot in the City of Lakeville as requested subject to the planning report dated March 13, 1996, with the adition of the following: 1) the open basement.. left by the moved house shall be surrounded with safety fence and immediately . backfilled upon moving the house from the site; and 2) outside storage shall be limited to items identified and located on the site plan, and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. Regular Planning Commission Meeting Minutes June 6, 1996 Page 11 The Planning Commission was informed that the regular Planning Commission meeting scheduled for July 4, 1996 has been canceled. There being no further business, the meeting was adjourned at 10:00 p.m. Respe ully submitte onna Quintus, Recor mg Secretary ATTES .V~ Laurie Rieb, Vice-Chair • •