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HomeMy WebLinkAbout03-21-96 City of Lakeville PLANNING COMMISSION MEETING MINUTES March 21, 1996 The meeting was called to order by Chair Luick at 6:00 p.m. in the City Ha11 Council Chambers. Roll call of members was taken. Present: Bellows, Miller, Kowalke, Rieb, Luick, Amborn, Cecchini, Wulff. Absent: None. Also present: Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development Director; Frank Dempsey, Associate Planner; Jim Walston, Assistant City Attorney; and Donna Quintus, Recording Secretary.. The first paragraph of page 3 of the minutes of the March 1996 Planning Commission meeting was amended to read "Ms. Wu~expressed her apprehension that the proposed oversized accessory structure is inconsistent and incompatible with future small lot size residential uses of the surrounding property as proposed in the Comprehensive Land Use Plan. The March 7, 1996 Planning Commission. meeting minutes were approved as amended. ITEM 4 -PUBLIC HEARING: FAITH LUTHERAN CHURCH CUP AMENDMENT Chair Luick opened the public hearing to consider an application for a Conditional Use Permit (CUP) amendment to allow apse-school operation at the Faith. Lutheran .Church facility located at 16880 Cedar Avenue. City Attorney Walston attested that the legal notices had been duly published and mailed. A CUP was granted to Faith Lutheran Church in April 1980 which allowed for the construction of a church in the R-2 District. An amendment to the CUP was granted in April of 1995 to permit aday-care facility for 35 children. The day care project did not develop within the year and the conditional use permit expires in April of this year. The Lakeville Family Center, an outreach of Faith Covenant Church, proposed to modify the 1995 CUP amendment. request and has submitted an application for an amendment to the 1980 and 1995 Faith Lutheran Church CUPS to allow apre-school operation within the fellowship hall. and nursery of the existing church structure. Associate Planner Frank Dempsey reviewed the details of the proposed pre-school operation related to the CUP requirements as outlined in the zoning ordinance. Discussion was held on previous nonconforming site conditions including sign and parking lot encroachments and access issues. The sign has been relocated to meet minimum setback requirements. In addition, the. Dakota County Highway Department completed a process in 1995. in which aright-of--way was vacated which eliminated the church parking lot encroachment. An easement agreement between Faith Lutheran Church and Marcus Cable has been signed and recorded to allow joint access for the church and Marcus Cable, Regular Planning Commission Meeting Minutes March 21, 1996 Page 2 The Commission discussed the encroachment of the existing Marcus Cable pazking lot onto Faith Lutheran Church property as well as an encroachment of a deteriorated concrete slab and a functioning retaining wall onto the Mazcus Cable property adjacent to the cable company's parking lot. Staff noted that these issues were addressed in the original Faith Lutheran Church CUP in 1980 and both parties have been notified and aze awaze of the encroachments. In response to concerns raised by Commissioner Amborn, Community and Economic Development Director Michael Sobata advised that staff is working with Marcus Cable regazding the existing outside storage. Mazcus Cable has indicated the outside storage and screening concerns have been addressed and budgeted for resolution in 1996. Planning staff is satisfied that the provisions of the zoning ordinance regarding conditional use permits have been .met and recommends approval of the amendment with conditions outlined in the Planning Report. There were no comments from the audience. • 96-28 MOTION by Miller, seconded by Amborn to close the public hearing. Roll call was taken an the motion. Ayes: Unanimous. Commission Chair Luick suggested and the Commission agreed to direct staff to modify the proposed Conditional Use Permit Amendment to further clarify that church services and pre-school services shall not run concurrently. 96-29 MOTION by Amborn, seconded by Miller to recommend to City Council approval of the Conditional Use Permit Amendment request for Faith Lutheran Church and Faith Covenant Church, d.b.a. Lakeville Family Center, subject to the stipulations listed in the planning report dated March 13, 1996 and with the amendment to the stipulations as stated above and the Findings of Fact. Roll .call was taken on the motion. Ayes: Unanimous. ITEM 5 -.PUBLIC HEARING; SORENSONISOBERG/BEAUCHEMIN PROPERTY REZONINGS/CUP REQUEST Chair Luick opened the public hearing to consider the applications of 1) Lloyd' and • Gail Sorenson and Rabin L. Soberg to rezone property from R-1 Low Density Single Family Residential to R-1 Single Family Agricultural Residential; 2) Curtis Soberg to rezoning property from R-1 Single Family Residential to R-1 Low Density Single Family Residential; and 3) Sally Beauchemin for a Conditional Use Permit (CUP) to Regular Planning Commission Meeting Minutes March 21, 1996 Page 3 allow an existing house to be moved onto roe in the Ci of Lakeville. The Ci P p rtY ty tY Attorney attested that the legal notices had been duly .published and mailed. Theapplicants were present to answer questions from the Commission and public. Associate Planner Frank Dempsey presented an in-depth review of the requests from the property owners to allow rezoning of the subject properties and a CUP to permit an existing house to be moved onto one of the parcels. These properties are located. west of I-35, south of 215th Street and east of Laigle Avenue in the extreme southwest corner of the City of Lakeville. The existing conditions. of the property include nonconforming building setbacks and an unbuildable flag lot parcel. The setback would be corrected and flag lot made buildable with a rezoning and an administrative subdivision. Associate .Planner Dernpsey's review included the following: • current and proposed lot configuration; • proposed rezoning to correct nonconforming issues related to the property;. • consistency with. the. Comprehensive Plan's guidelines for Planning District No. 13; and • detailed. descriptions of proposed lots resulting from an administrative subdivision. The house to be moved onto the property is-currently located at 21965 Laigle Avenue. This property has :been donated by the Soberg family to the U:S. Department of Fish and Game as a wildlife sanctuary.. The federal government is requiring removal of the house from this site. The Commissioners expressed concerns related to safety around the abandoned basement of the home when the house is relocated to the new property. Staff suggested a revision to staff recommended CUP conditions to include a requirement .for a formal plan .and a security to ensure permanent grade restoration of the .house site such as backfilling and to include interim safety measures until final grade is attained. Chuck Day, 21900 Laigle Avenue, identified himself as the owner of the property contiguous and to the south of these. parcels. He .expressed his concern for allowing a home to be located on the property as proposed. Mr. Day stated that the subject property is very low and he has observed excessive water flowage across this site. He expressed doubt as to the ability of the property to support. a private septic system and dranfield and asked. if an acceptable percolation test had been determined. • Ms. Sally Beauchemin stated that a percolation test had not been completed as of this date due to weather conditions and frost depth. A perc test will be performed as soon as the ground thaws. Regular Planning Commission Meeting Minutes March 21, 149b Page 4 After discussion the Plannin Commission a reed and r nested that additional g g e9 groundwater and perc test information be submitted for determination of the suitability of the location of the house on the property. The Commission further agreed that if it is determined that a standard on-site septic and drainfield system cannot be supported on the property then a mound. system design of the septic system is warranted and should be addressed in the CUP .conditions. Elevations of the house should also be submitted to establish the style of house in relation to the neighborhood. There were no further comments from the audience. 96-30 MOTION by Wulff, seconded by Cecchini to table action on the requested rezonings and Conditional Use Permit and to continue this public hearing until the results of a completed percolation test and groundwater analysis are submitted to City staff for determination of soil conditions and the ability of the property to support an on-site septic system and drainfield. Roll call was fiaken on the motion. Ayes: Unanimous. ITEM 6 SIGN QRDINANCE TEXT AMENDMENT • David Licht, Northwest Associated Consultants, was in attendance to continue .discussion and review of proposed changes to the City's sign ordinance regulations. Mr. Licht advised that. minor wording changes recommended by the Commission at their last meeting have been incorporated into this final draft and is now ready for their formal. recommendation to City Council. Discussion was held regarding. whether a method could be devised to assure removal of development identification signs after a subdivision is completely developed. Mr. Licht advised that the draft amendment addresses this issue under Section 4 which requires a security and liability insurance for the sign structure. Upon further discussion it was agreed upon by the Commission that a minimum security amount be addressed by City Council in the City's fee schedule resolution which is renewed and revised yearly. 96-31 MOTION by Amborn, seconded by Cecchini to recommend to City Council approval of a city code text amendment regarding signs as drafted and presented by Mr. David Licht, Northwest Associated Consultants, Inc. Roll call was taken an the motion. Ayes: Unanimous. • ITEM 7 NEW BUSINESS: BUILDING PERMIT REQUEST City Administrator Robert Erickson stated that arecent request for an oversized attached garage in the Raven Lake subdivision has initiated staff discussions regarding relationships between home size and maximum attached garage sizes. The Planning Commission was .reminded that the average lot size in Raven Lake is Regular Planning. Commission Meeting Minutes March 21, 1996 Page 5 approximately: 28,000 square feet or 2/3 of an acre with an avera a home size of g approximately .5,000 square feet. Staff determined that there may be some merit to reconsider the maximum attached gazage size for large lot developments where occupants. typically have more than one caz, as well as recreational vehicles, and where it is their desire to store such vehicles indoors. At the direction of staff, Associate Planner Frank Dempsey discussed his reseazch of other communities with similaz subdivisions and how gazage sizes aze addressed in their ordinances. Several scenazios were discussed that could be used in calculating a garage size proportionate to the house or lot size.. The Commission agreed that lazger sized gazages on lazger lots with lazger homes is justified. Staff recommends that the ordinance amendment would be less cumbersome and more easily enforced if a .maximum of 1,250 squaze feet is placed on attached gazage size on a minimum 20,000 square foot lot in subdivisions approved after January 1, 1994. 96-32 MOTION by Luick, seconded by Cecchini to schedule a public heazing for an ordinance amendment regazdin~ maximum attached gazage sizes and to direct that staff research and prepare a draft zoning ordinance text amendment for Planning Commission review and formal recommendation to City Council. • Roll call was taken on the motion. Ayes: Unanimous. ITEM 8 ANNOUNCEMENTS: Chair David Luick informed the Commission that he recently received. a letter from the National Audubon. Society announcing a meeting on April 9, 1996 regazding a study of wetlands and their relationship to plant and wildlife. Chair Luick stated that he planned to attend and determine whether he would like to become involved in the study and process. If anyone is interested in attending he would be happy to shaze more information regazding details of the meeting. There being no further business,. the meeting. was adjourned at 7:25 p.m. Respectfully submitted, Donna Quintus, Recor ing Secretary ATTEST: • David Luick, Chair