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HomeMy WebLinkAbout02-15-96 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES • February 15, 1996 The meeting was called to order by Chair Luick at 6:00 p.m. in the City Hall Council Chambers. Wendy Wulff was introduced as the newly appointed Planning Commissioner. Ms. Wulff will complete former Commissioner Bruce Skipton's three-year term which ends January 1, 1997. Chair Luick welcomed Wendy to the Commission. One seat remains vacant on the Planning Commission. City Council anticipates an appointment will be made prior to the next regular Planning Commission meeting. Roll call of members was taken. Present: Miller, Rieb, Luick, Amborn, Wulff. Absent: Cecchini. Also present: Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development Director; Roger Knutson, City Attorney; Daryl Morey, City Planner; Keith Nelson, City Engineer; Donna Quintus, Recording. Secretary. The minutes of the January 25, 1996 Planning Commission meeting were amended on Page 3, Motion 96.49 from " ......place water table information in the City files for all lots in .the Golden Pond First Addition situated north of 212th Street as public record for,~uture property owners. " to read " ......place water table • information in the City files for all lots in the Golden Pond First Addition as public record for future property owners. " ITEM S The public hearing to consider the application from Great Oak Shares Joint Venture for a PUDCUP amendment to allow afive-foot front yard building setback reduction on Lots 3 - 6, Block 2, Great Oak Shores Point and a variance to allow afifteen-foot side yard building setback on Lot 6, Block 2, Great Oak Shores Point was opened. City Attorney Roger Knutson attested that all legal notices had been duly published and mailed. City Planner Daryl Morey presented an overview of the proposed PUDCUP amendment and variance. Planner Morey stated that the proposed PUDCUP amendment and variance requests are due to a survey error which incorrectly located the Ordinary High Water Level (OHWL) of Lake Marion on the approved Great Oak Shores Point preliminary and final plats. The relocated OHWL is approximately ten to twenty feet :closer to building pad areas on the lots identified in this request. Great Oak Shores Point is also requesting a variance to reduce the 20-foot west side yard building setback on Lot 6, Block 2 to 15 feet. A 20-foot side yard building setback is required for lots abutting a recreational development lake with a 15-foot side yard building setback requirement for standard R-2 District interior lots. The location of an existing water main and recorded utility easements along the easterly Regular Planning Commission Meeting Minutes February 1 S, 1996 Page 2 • bound of Outlot D rohibits a staff referred alternative of s littin off the east ~'Y p P p g five feet of Outlot D and adding it onto the west side of Lot 6, Block 2 which would have maintained a 20-foot west side yard setback. Upon further review of the lot, the location of the proposed building pad, and the existing tree inventory, Planning staff recommended the developer submit a revised plan showing a building pad for Lot 6, Block 2 with a narrower depth and located as far to the northeast side of the lot as possible to preserve existing trees. Staff indicated that the developer's revised plan did not adequately address this recommendation. At their meeting on February 13, 1996 the Environmental Affairs Committee (EAC) reviewed the PUDCUP and variance requests and supports action for approval of these applications subject to the conditions listed in their minutes. Also, upon review of the submittal, Mr. Pat Lynch, Department of Natural Resources (DNR), has determined that no negative impacts will result by approving these applications. Planning staff concurs with the EAC and DNR .conclusions and recommends Planning Commission approval of the request. When asked by the Commission, Mr. Randy Kurth, Kurth Surveying, stated that the original error in locating the OHWL was due to inexperience with new computer surveying equipment. Mr. Kurth assured the Commission that the revised shoreline • location is accurate. There was no further comment from the audience. The Commission advised staff to carefully review the specific house plans for Lots 3- 6, Block 2 to ensure that there will be no future ..requests for building addition/deck setback variances. 9G.10 Motion was made by Miller, seconded by Wulff to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 96.11 Motion was made by Amborn, seconded by Wulff to recommend approval of the applications submitted by Great Oak Shores Joint Venture for a PUDCUP amendment to allow afive-foot front yard building setback reduction on Lots 3 - 6, Block 2, Great Oak Shores Point and a variance to allow a 15-foot side yard building setback on Lot 6, Block 2, Great Oak Shores Point subject to the conditions outlined in the planning report dated February 9, 1996 with the elimination of condition #1 and the "Findings of Fact." • Roll call was taken on the motion. A es: Unanimous. Y Regular Planning Commission Meeting Minutes February 15, 1996 Page 3 ITEM 6 The public hearing to consider the applications from Hosanna! Lutheran Church for a preliminary and final plat for Hosanna Addition, rezoning from R-7 High Density Residential to R-2 Single Family Residential and B-2 Retail Commercial, and a Conditional Use Permit (CUP) to allow the construction of a church in an R-2 District was opened. City Attorney Roger Knutson attested that all legal notices had been duly published and mailed. City Planner Daryl Morey presented an overview of the request from Hosanna! Lutheran Church for the Hosanna Addition preliminary and final plat approval. The subject property is located on the northwest corner of Ipava Avenue and 165th Street West. Construction of the church is proposed to be completed in two phases. Phase one includes the approximate 31,000 square foot church building with sanctuary, classroom, office, kitchen, and lobby. Phase two consists of an approximate 100,000 square foot addition to the church and additional paved parking. The proposed Hosanna Addition consists of one lot and two outlots. Outlot A, located in the northeast corner of the subdivision, is proposed to be rezoned from R-7 to B-2 Retail Business District and ultimately will be developed for commercial use . which is consistent with future commercial uses on B-2 zoned property located to the north. Outlot B is provided for the extension of 163rd Street and will be deeded to the City for future street extension. Hosanna! Lutheran Church representatives indicated that they will construct 163rd Street West across the entire plat with phase one construction of the church. The plat will be revised to show right-of-way in place of Outlot B. Churches are allowed by conditional use permit (CUP) in the R-2 District subject to the five (5) previsions defined in Title 11-25-4.A. of the Zoning Ordinance. City Planner Daryl Morey stated that compliance with these provisions are either met or exceeded in the Hosanna Addition proposal. The Planning Commission asked several questions from staff and church building committee representatives/consultants including discussion of the following: • Access to the site; Staff responded that prior to Phase 2 of this proposal a determination would be made as to the necessity of striping a third lane (turn lane) on Ipava Avenue or 165th Street West. • On site pond design, safety and maintenance; • The Church will be responsible for maintenance of the ponding areas on their site. City Engineer Keith Nelson advised that the wet pond is designed with a shallow "shed' and is designed according to minimum requirements. Regular Planning Commission Meeting Minutes February 15,1996 Page 4 • Location of proposed signage on the site; Staff recommends only one freestanding. sign be permitted on the site in compliance with the sign ordinance; however„ directional signage (4 square feet) is permitted by ordinance. • Intended building materials; Church representatives presented a colored rendering showing an earthtone stucco finish. • Parking and circulation; Sta,~`'responded. • Resolution with the church and abutting property owners, Mrs. Savik and her son, 9585 165th Street West, for successful relocation of the private resident's accessory structure encroachment onto Church property. The Church Building Committee noted that the site plan provides additional landscaping for screening the church parking lot from the single family residence. The church has offered to assist the homeowner in relocating the accessory structure. There were no further comments from the audience. 96.12 Motion was made by Miller, seconded by Wulff to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. Amendments to the stipulations in the planning report were recommended as follows: 3. Implementation of the recommendations of the Environmental Affairs and the Parks and Recreation Committees. 6. 163rd Street West shall be constructed as shown on the approved preliminary and final plat and site plans. Prior to City Council consideration of the preliminary and final plat, a written agreement acceptable to the City between the church and the owners of the adjacent commercial property to the north for sharing the cost of constructing 163rd Street West from Ipava Avenue to the west plat boundary shall be submitted. 8. A modified temporary turnaround shall be constructed at the west end of 163rd Street construction on church property. Church representatives shall provide the City with a temporary turnaround easement for the portions of the turnaround radius located on the church site and within Lot 1, Block 1. 11. An analysis of the parking and site access required for the church's second construction phase will be completed when detailed building plans and a conditional use permit amendment application is submitted for the proposed expansion of the church and parking lot. City staff and church representatives Regular Planning Commission Meeting Minutes February 15, 1996 Page 5 will evaluate the proposed design of the parking lot expansion area in an effort to save the stand of oak trees located on the west side of the site. 20. Prior to City Council consideration, a written Agreement shall be reached between Hosanna! Lutheran Church and the property owners of 9585 165th Street West regazding a timeframe for the accessory structure relocation in compliance with setback requirements. Although church representatives stated their desire to complete the entire 163rd Street West cannection, the Planning Commission acknowledged their understanding that a temporary cul-de-sac will be installed should the abutting commercial property owners (Winkler Group) be unable to reach an agreement for construction of the full street connection. 96.13 Motion was made by Amborn, seconded by Rieb to recommend approval of the applications submitted by Hosanna! Lutheran Church for the Hosanna Addition preliminary and final plat, rezoning from R-7 to R-2 and B-2, and a conditional use permit to allow the construction of a church in an R-2 District subject to the stipulations in the Planner's. Report dated February 9, 1996, as amended, and the Findings of Fact. Roll call was taken on the motion. Ayes: Unanimous. Chair Luick called a ten minute break and reconvened the regulaz meeting at T55 p.m. ITEM 7 Chair Luick opened the public hearing to consider the application of the City of Lakeville for a Major Comprehensive Plan Amendment to update the 1979 sanitary sewer element of the Comprehensive Land Use Plan. Community and Economic Development Director Michael Sobota presented an overview of the proposed Comprehensive Sewer Policy Plan Update prepared by SEH, consulting engineers to the City of Lakeville. Sobota discussed anticipated future development in the City in terms of population and land use within the MUSA. The proposed new plan provides guidance and staging of future major MUSA expansions after the yeaz 2010. City Engineer Keith Nelson explained the current land bank system noting that this procedure is complex and creates unnecessary paperwork without contributing to • growth management. With the approval. of this Plan all areas within the MUSA would become developable without. a Minor Comprehensive Guide Plan Amendment. Regular Planning Commission Meeting Minutes February 15, 1996 Page 6 • Director Sobota reminded the Commission that the City of Lakeville has a Premature Subdivision Ordinance that does not allow growth to occur in an unplanned/unstaged scenario, There were no comments from the audience. 96.14 Motion was made by Amborn, seconded by Miller to close the public hearing. Roll call was taken on .the motion. Ayes: Unanimous. 96.15 Motion was made by Miller, seconded by Wulff to recommend approval of the Major Comprehensive Plan Amendment for the Update of the 1979 Sanitary Sewer Element of the Comprehensive Land Use Plan. Rolf call was taken on the motion. Ayes: Unanimous. ISM 9A. Planning staff discussed the results of the four neighborhood meetings held last fall. • One of the recommendations of the facilitator was that increased public notification for planning. actions be considered. Several methods that could be used that would provide increased public awareness of the projects, proposals, new subdivisions, variance requests, conditional use permits, etc. which the Planning Commission reviews and makes formal recommendations for action/approval/denial. Some of the ideas: discussed included expanded coverage on local cable television, use of a "home page" on the computer Internet, increase of the current 350-foot public hearing notification area to 500 feet, a dedicated phone line for current recorded planning activity information/updates, etc. The Commission recommended staff pursue these ideas and prepare draft amendments to the existing ordinance regazding public notification. ITEM 9s. City Attorney Roger Knutson. discussed the new Minnesota State Law requiring a 60- day limit for making zoning decisions.. As written, the 60-day time .limit law applies to rezonings, text amendments, site plan approvals, variances, conditional use permits, and planned unit development approvals. Failure to act on the land use request within. the time limit would result in automatic approval of the proposal.. Subdivision approvals are addressed separately in the law and are subject to a 120- • day review period. It is also believed that the statute is not applicable to comprehensive plan amendments. Mr. Knutson expressed concern for the ambiguity of the law stating it lacks clear definition of "zoning" and advised that the City review their information requirements and their procedures to assure that the new time limits are adhered to without giving up decision-making authority. Regular Planning Commission Meeting Minutes February 15, 1996 Page 7 ITEM 9C. City Attorney Roger Knutson presented a brief overview of the Metropolitan Council Regional Blueprint which was released in September 1994. The purpose of this plan.. is to provide a comprehensive development guide for the metropolitan area which consists of policy statements, goals, standards, programs, and guides for orderly growth and development. This document replaces the Council's Metropolitan Development and Investment Framework. A handbook is scheduled to be released by the end of April 1996 which will provide detailed information on programs and guidelines for development A significant amendment to the original blueprint deals with three growth options for the metropolitan area. City Attorney Knutson reviewed. each of these options which are described as Current Trend, Concentrated Development, and Growth Centers. Several public meetings sponsored by the Metropolitan Council and other ways to participate in selecting a preferred option will be forthcoming. There being no further business, the meeting was adjourned at 9:30 p.m. • Respectfully submitted, Donna Quintus, Recordi Secretary ATTEST: David Luick, Chair •