HomeMy WebLinkAbout03-07-96 City of Lakeville
PLANNING COMMISSION MEETING MINUTES
March 7,1996
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, Kowalke, Rieb, Luick, Amborn,
Cecchini, Wulff. Absent: Miller.
Also present: Robert Erickson, City Administrator; Michael Sobota, Community and
Economic Development Director; Jim Walston, Assistant City Attorney; Daryl Morey,
City Planner; Frank Dempsey, Associate Planner, Tim Hanson, Assistant City Engineer;
Donna Quintus, Recording Secretary.
The minutes of the February 15, 1996 Planning Commission meeting were approved as
printed.
Chair Luick. introduced Mr. Jerry Kowalke who was recently appointed by City
Council to the Planning Commission. Mr. Kowalke's appointment is for the remainder
of a three-year term which expires an January 1,.1998.
Mr. David Bellows, Lakeville Police Officer and resident of Lakeville, who, has been
• appointed by City Council to serve on the Planning Commission as an ex officio
member,. was also introduced to the Commission.. Although not a voting member of
the Commission, Lieutenant Bellows will provide guidance and recommendations in an
official capacity by offering his. specific knowledge and experience in the review and
design of developments and plans with regard to safety issues and law
enforcementlcrime prevention considerations.
ITEM 5 -PUBLIC HEARING
Chair Luick opened the public hearing to consider the application of Marvin Teal for a
conditional use permit. (CUP) to allow the construction of 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.. The City Attorney attested that the legal notices had been
duly published and mailed.
Marvin Teal, 20476 Hamburg Avenue, has requested a CUP to allow him to construct
a 1,080 square foot addition onto an existing 1,Q80 square foot detached accessory
building on his unsewered ten-acre parcel. The existing attached garage. and proposed
detached accessory buildings would tota12,855 square feet in area or 1,755 square feet
greater than what is permitted in this R-2, Single Family Residential District. A
proposed building peak height of 15.5 feet is proposed for the detached accessory
building. This exceeds the maximum allowed accessory building height by six inches.
• Associate Planner Frank Dempsey advised that the surrounding area is made up of
predominately ten-acre lots, many with oversized accessory buildings. This is typical of
large parcel single family or hobby farm environments. Aesthetic treatment of the
Regular Planning Commission Meeting Minutes
March 7, 1996.
Page 2
accessory building is proposed to be compatible with the existing house and adjacent
residential uses in the. area.
Mr. Teal was present and stated that the building will be used for storage of personal
items. such as tractors, farm equipment, and antique cars.. He also stated his. agreement.
to planning staffs stipulation that no business related storage, home occupation, or
business related activity will take place in any accessory building on the property.
There was no public comment.
96-16 MOTION by Amborn, seconded by Wulffto close the public. hearing.
Roll call was taken on the motion. Ayes: Unanimous.
Commission Member Amborn expressed his concern regarding the amount. of
accessory structures that have been approved in this area and questioned what impacts
these buildings will have when the MUSA is expanded to this area and property owners
will be requesting small lot divisions. Commission Member Wulff agreed with these
concerns and further expressed that development to the south of this property is
proposed for small lot subdivisions in the near future and that the large accessory
structures are. inconsistent with this future use.
Commission Member Amborn re nested that lar er tree stock 1
q g be p anted as screemng
for the accessory building instead of the four-foot trees recommended by Planning
staff.. Mr. Teal agreed'to plant six foot tall conifer trees.
96-17 MOTION by Amborn, seconded by Cecchini to recommend approval of the application.
of Marvin Teal for a conditional use permit in the R-2, Single Family Residential
District to allow an accessory building in excess of 1,.100 square feet in area and 15 feet
in height on property located at 20476 Hamburg Avenue, subject to the stipulations
listed in the planning report dated February 28,1996 and with an amendment to
stipulation number 4 to include the installation ofsiz-foot tall conifer trees.
Roll call was taken an the motion.
Ayes: Rieb, Luick, Amborn, Cecchini, Kowalke. Nays: Wulff.
Ms. Wulff expressed 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.
-ITEM 6 -PUBLIC HEARING
Chair Luick opened the public hearing to consider the application of Timothy Skoog
for a building setback variance. from the Ordinary High Water Level (OHWL) of
Orchard Lake, The City Attorney attested that the legal notices had been duly
published and mailed.
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March 7, 1:996
Page 3
• Associate Planner Frank Dempsey presented an overview of the variance request from
Timothy and Melody Skoog, 11960 - 168th Street West. The Skoogs are requesting a
building setback variance from. the Ordinary High Water Level (OHWL) of Orchard
Lake to allow construction of an addition onto an existing single family residential
dwelling.: Construction plans include the removal of an existing detached garage,
currently located 29 feet from the OHWL, and the construction of an attached garage
located 62 feet from the OHWL. Mr. and Mrs. Skoog are also proposing the removal
of a portion of an existing non-conforming deck which would increase the setback of
the deck from the OHWL from five feet to 18 feet. In addition, anon-conforming
apartment unit, located above the existing detached garage, is proposed to be
eliminated as part of this plan.
Planning staff has determined that the proposed variance reduces the existing non-
. conformance of the property and is consistent with the goals of the Comprehensive
Guide Plan. Staffrecommends approval subject to the conditions as listed in the
Planner's report. The .Environmental Affairs Committee reviewed the variance request
related to the shoreland impact plan at their March 5, 1996 meeting and recommended
approval of the plan subject to the February 29, 1996 Environmental Engineer's report.
The Department of Natural Resources (DNR) has also reviewed this proposal and had
no objections to staff's recommendation for approval.
There were no comments from the audience.
96-18 MoTlorr by Cecchini, seconded by Amborn to close the .public hearing.
Roll call was taken on the motion. Ayes: Unanimous.
96-19 MOTION by Cecchini, seconded by Rieb to recommend approval of the application of
Timothy and Melody Skoog for a variance in the R-l, Low Density Single Family
ResdentiaUShoreland Overlay District to allow the construction of an addition to an
existing single family dwelling located at 11$5 - 168th Street subject to the stipulations
listed in the planning report dated February 28, 1996 and the findings of fact.
Roll call was taken on the motion. Ayes: Unanimous.
ITEPVI 7 -PUBLIC HEARING
Chair Luick opened the public hearing to consider the application of Airlake
Development, Inc. for a preliminary and final plat of one lot to be known as Airlake
Development Second Addition and a conditional use permit (CUP) to allow impervious
surface coverage in excess of 25% in the I-2, General IndustriaUShoreland Overlay
District. The City Attorneyattested that the legal notices had been duly published and
mailed..
City Planner Daryl Morey presented an overview of the applications submitted by
Airlake Development, Inc. for an administrative subdivision, preliminary and final plat,
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March 7, 1996
Page 4
and CUP to allow the construction of Wiseway Motor Freight, to include a
terminaUoflice building and separate maintenance building on a ten-acre site located on
the north side of 215th Street (CSAH 70), west of Cedar Avenue. The Wiseway
parcel, currently owned by Airlake Development, Inc., is proposed to be
administratively split .off and platted as Lot i, Block 1, Airlake Development Second
Addition. This proposed subdivision achieves several objectives, including: 1) a land
exchange which places existing flood zones under City ownership. or within drainage
and utilityeasements; 2) provides right-of--way for the proposed extension of Grenada
Avenue; and 3) allows a separate non-conforming parcel to be combined with an
adjacent parcel and developed.
The property is currently zoned I-2, General Industrial District and is located within the
Shoreland Overlay District of a DNR tributary to the Vermilion River. The CUP
request. would allow the site to exceed 25% impervious surface coverage in the
Shoreland Overlay District.
City Planner Morey also reviewed the site plan which proposes the construction of a
36,000 square foot aflice/warehouse/truck terminal and a 9,700 square foot truck
maintenance building. The Assistant City Engineer provided answers to questions
regarding storm water management.
Planning Commission discussion included:
1) building aesthetics;
2) parking, site access, and circulation;
3} landscaping and beaming;
4) .lighting; and
5) on-site ponding and drainage.
There was no public comment.
96-20 MOTION by Wulff, seconded by Rieb to close the public hearing.
Roll call was taken on the motion. Ayes: Unanimous.
The Environmental Affairs Committee (EAC) reviewed the preliminary and final plat
and grading and drainage plan for Airlake Development Second Addition at their
meeting on March 5, 1996. The EAC recommended approval of the preliminary and
final plat and grading and drainage plan for Airlake Development Second Addition
subject to five stipulations listed in their meeting minutes. These. conditions are
incorporated into. Planning staff's recommendation for approval.
• 96-21 MOTION by Rieb, seconded by Wulff to recommend approval. of Airlake Development
Second Addition Preliminary and Final Plat and a conditional use permit to allow
impervious surface area in excess of 25 percent (25%) in the I-2, General
Regular Planning Commission Meeting Minutes
March 7, 1996
Page 5
• IndustriaUShoreland Overlay District, subject to the stipulations listed in the plannin
g
report dated February 29, 1996.
Roll call was taken on the motion:
Ayes:. Wulff, Rieb, Luick, Amborn, Cecchini.
Nays: 0.
Abstain: Kowalke, because of his previous .position as a voting member on the
Environmental Affairs Committee which. reviewed and made recommendation on this
project during his term with the EAC.
Motion passes.
ITEM 8 -PUBLIC HEARING
Chair-Luck opened the public hearing to consider the application of Independent
School District No. 192 for: 1) the preliminary and final plat of one public school lot
to be known as Farmington Elementary Addition; 2) a conditional use permit (CUP) to
allow the construction of a public elementary school in an R-2 Single Family
Residential District; and 3) a Minor Comprehensive Land Use Plan Amendment to
bring a portion of the property into the Year 2000 Urban Service Area. The City
• Attorney attested that the legal notices had been duly published and mailed.
Independent School District 192 has submitted a preliminary and final plat consisting of
one lot and one outlot and identified as Farmington Elementary Addition. A CUP is
required to allow an elementary school in an R
2, Single Family Residential District.
The proposed elementary school will be constructed on proposed Lot 1, Block 1,
Farmington.Elementary Addition. The subject property is located west of Pilot Knob
Road and south of 170th Street. The 40-acre parcel is zoned R-2, Single Family
Residential. City staff have been working with ISD 192 for shared park and
recreational facilities with the school district and will purchase Outlot A, which is
approximately ten acres in size and is located at the northwest corner of the site
fronting 170th Street.
The Commission reviewed the proposed plat and site plan. Staff and representatives of
the applicant responded to several questions. Discussion included the following:
1) access;
2) internal vehicular pattern and parking lot design;
3) lot configuration;
4) lighting;
5) landscape/screening plan;
• 6) building elevations;
7) grading;
8) signage; and
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March 7, 1996
Page 6
9) ingress/egress.
Mr. Richard Heinen of Rosemount, representing the adjacent property owner to the
west of the school site, Mr. Bester, asked about the timing of improvement. to 170th
Street. Staff responded.
96-22 MOTION by Wulff, seconded by Amborn to close the public hearing.
Roll .call was taken on the motion. Ayes: Unanimous.
Discussion continued regarding vehicular and pedestrian safety and proposed
improvements to the 170th Street/Pilot-Knob intersection. City Attorney Walston
advised that the upgrade to 170th Street is part of a Public Improvement Project and
will be addressed at a public hearing held by City Council. All property owners
impacted by this project will be advised of the hearing by mail
The Environmental Affairs Committee and Parks and Recreation Committee have
reviewed the preliminary and final .plat and. their recommendations have been included
as part of Planning staff's recommendation for approval..
96-23 MOTION by Amborn, seconded by Rieb to recommend approval of the application of
• Independent School District No. 192 for: 1) Farmington Elementary Addition
preliminary and final plat; 2) a conditional use permit (CUP) to allow the construction
of a public elementary school in an R-2 Single Family Residential District; and 3) a
Minor Comprehensive Land Use Plan Amendment to bring Lot 1, Biock 1, Farmington
Elementary Addition, into the Year 2000 Urban Service Area, subject. to the
stipulations listed in the planning report dated February 28, 1996.
Roll call was taken on the motion.
Ayes: Luick, Amborn, Cecchini, Wulff, Rieb.
Nays: 0.
.Abstain: Kowalke, because of his previous position as a voting member on the
Environmental Affairs Committee which reviewed and made recommendation on this
project during his term with the EAC.
Motion passes.
ITEM 9 -PUBLIC HEARING
Chair Luick opened the public. hearing to consider the application of Grist Mill
Company for the vacation of certain portions of streets and drainage and utility
easements within the Grist Mill. Addition and Airlake Industrial Park Second Addition
plats. The City Attorney attested that the legal notices had been duly published
• according to state statute.
.Community and Economic Development Director Michael Sobota reviewed the details
of the request from Grist Mill Company for the vacation of portions of 213th Street
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March 7, 1996
Page 7
West and Hayes Avenue and portions of existing drains a and utilit easements in the
g Y
Grist Mill Addition and Ariake Industrial Park Second Additions plats. Director
Sobota indicated that the street rights-of--way and drainage and utility easements are
being vacated in preparation for Grist Mill's proposed replat of their property.. The
proposed vacations are being considered prior to review of a future replat so that
recorded document numbers can be included on the replat for convenient future
reference.
There were no questions or comments from the public.
9b-24 MOTION by Cecchini, seconded by Rieb to close the public hearing.
Roll call was taken on the motion. Ayes:. Unanimous.
4b-25 MOTION by Wulff, seconded by Rieb to recommend approval of the Grist Mill
Company application for the vacation of the street right-of--way and drainage and utility
easement vacations as shown and described on Exhibit A and the easement vacation
resolution subject to the stipulation listed in the planning report dated February 28,
1996.
• Roll call was taken on the motion. Ayes: Unanimous.
City staff and Airlake Development, Inc. representatives asked the Planning
Commission to revisit Agenda Item #7 with respect to a proposed future construction
building phase and landscape screening.
9b-2b MoTiorr by Wulff, ,seconded by Cecchini to amend Motion 96-21 to add a stipulation
that at the time of building. expansion to the proposed Wiseway structure the additional
ordinance required landscaping will be installed/completed.
Roll call was taken on the motion.. Ayes: Unanimous.
ITEM 11A.
Chair Luick removed himself from the dais and turned the meeting over to Vice-Chair
Rieb for the Commission's consideration of the request from Trinity Evangelical Free
.Church for. an extension of Conditional Use Permit Number 95-03 because of his
membership and position on the Board of Trustees for the church.
Trinity Evangelical Free Church has submitted a letter of request to extend their
Conditional Use Permit No. 95-03 for one year to allow the construction of an off-site
parking area for the church. A letter from church representative Lyle Anderson stated
that ongoing negotiations with Dakota County regarding damages to the church
• property resulting from construction activities. as the reason the church is requesting the
CUP extension. Mr. Anderson. indicated in his written request for the extension that
the church is unable to construct the approved parking area until. an equitable
settlement has been reached with the County. CUP No. 95-03 expires on March 20,
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March 7, 1996
Page 8
• 1996. If a one-year extension of the CUP be granted, the CUP would ex ire on March
P
20, 1997.
Staff recognizes that the parking lot cannot be constructed prior to the expiration date
of March 20, 1996 due to weather. A one-year extension would create another winter
expiration date -March 20, 1997. As such, staff recommends that the CUP be
extended to November 1, 1996.
City Administrator Robert Erickson provided a historical background of the project
and a current status of the proceedings between Dakota County and the .church.
96-27 MOTION by Amborn, seconded by Cecchini to recommend approval of the application
from Trinity Evangelical Free Church for an extension of Conditional Use Permit
Number 95-03 to November 1, 1996.
Roll call was taken on the motion.
Ayes: Wulff, Kowalke, Rieb, Amborn, Cecchini.
Nays: 0.
Abstain: Luick, because of personal association with the applicant.
• ITEM 11B.
David Licht, Northwest Associated Consultants, presented a detailed review and.
summary of proposed changes to the City's sign ordinance regulations. Mr. Licht
explained that these proposed changes. were prompted by City staff concerns. regarding
ambiguities in ordinance language and some problems with enforcing the current
regulations. Topics addressed are: 1) residential identification signs; 2) project
construction signs; 3) individual property "for sale" signs; 4) off-premise development
project signs, and 5) allowable public signs. Minor modifications are proposed. for
signs allowed in the B-2 District, as well as language updates involving the freeway
corridor and Business Campus (B-C) District.
Discussion followed. The Commission requested this item be placed on an upcoming
agenda to allow for further Commission review prior to formal recommendation to the
City Council.
ITEM 11 C.
City Planner Daryl Morey advised that several plats are currently being reviewed by
City staff and will be ready for presentation to the Commission and City Council this
spring.
The Commissioners expressed their preference that preliminary plats be presented to
them for review prior to being requested to make formal comment and
recommendation to the Gity Council on a final plat. Unless the proposed plat is a
.simple subdivision with. no issues, it was agreed that preliminary plats should be
Regular Planning Commission Meeting Minutes
March 7, .1996
Page 9
® reviewed separately from final plats. This will provide time to identify issues and allow
the developer the opportunity to address those issues.
City Planner Daryl Morey advised that the Community and Economic Development
staff shares the concerns of the Planning Commission regarding oversized accessory
buildings in the R-2, Single Family Residential District. Recognizing that those
buildings may become non-conforming in the future when City sanitary sewer is
available if the lots are subdivided. Staff recommended, and the Commission agreed, to
study and address this issue as part of the upconung major Comprehensive Land Use
Plan amendment process. Staff further requested the Commission to provide. them with
any additional comments or direction regarding the upcoming amendment to the
Comprehensive Land Use Plan.
There being no further business, the meeting was adjourned at 9:10 p.m.
Respect. lly submitted,
onna Quintus, Recor mg Secretary
• ATTEST:
•
David Luick, Chair
•