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HomeMy WebLinkAbout05-21-09-CITY OF LAKEVILLE Planning Commission Meeting Minutes MAY 21, 2009 The May 21, 2009 Planning. Commission meeting was called to order by Chair Davis in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Chair Davis Vice Chair Lillehei Secretary Pattee Commissioner Drotning Commissioner Grenz Commissioner Glad. Commissioner Adler Ex-officio Bussler (left meeting at 6:50 p.m., returned at 7:40 p.m.) Absent: None Staff Present: Daryl Morey, Planning Director; David Olson, Community & Economic Development Director; Frank Dempsey, Associate Planner; Allyn Kuennen, Associate Planner; Zach Johnson, Assistant City Engineer; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The May 7, 2009 Planning Commission meeting minutes were approved as presented. The May 7, 2009 Planning Commission work session notes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated that the following items were distributed to the Planning Commission at tonight's meeting: A. The May 20, 2009 Parks, Recreation and Natural Resources Committee meeting motion regarding the Market Plaza preliminary and final plat. B. An additional letter from an area resident regarding Agenda Item #7, the Greg Miler CUP. ITEM 5. SWEARING IN OF NEW PLANNING COMMISSION MEMBER GENEVIEVE ADLER Genevieve Adler was sworn in by Recording Secretary (and notary) Penny Brevig as a new Planning Commission member at tonight's meeting. -, Chair Davis welcomed Commissioner Adler. Planning Commission Meeting May 21, 2009 Page 2 ITEM 6. MARKET PLAZA ACE HARDWARE Chair Davis opened the public hearing to consider the application of Metro Equity Management, LLC for the following, located east of Holyoke Avenue west of Holt Avenue, south of 207 Street and north of 209 Street: A. Vacation of 208 Street right-of-way between Holyoke Avenue and Holt Avenue; B. Preliminary and Final Plat of three commercial lots and one outlot; C. Conditional Use Permit to allow off- site parking in the C-CBD, Central Business District Area -Commercial District. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Representatives from Ace Hardware were present and stated they agree with the recommendations of the staff report. Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen stated that Planning Department staff recommends approval of the Market Plaza vacation, preliminary and final plat and conditional use permit, subject to the 11 stipulations listed in the May 15, 2009 planning report. Chair Davis opened the hearing to the public for. comment. There were no comments from the audience. 09.17 Motion was made and seconded to close the public hearing at 6:18 p.m. Ayes: 7 Nays: 0 Chair Davis asked for comments from the Planning Commission. Discussion points were: - Commissioner Grenz asked who owns the land in the Market Plaza plat. Mr. Kuennen responded that it is Metro Equity Management, LLC and the City of Lakeville. - There was a discussion regarding the parking including those spaces used to meet the required number of parking spaces for Ace Hardware. Staff stated that off-site parking is allowed by conditional use permit if the parking is 500 feet or less from the front door of the business. Mr. Morey indicated that off- site parking conditional use permits have been approved u1 the past, such as between Dance Works and New Horizon Day Care. - Commissioner Glad stated that the design of Market Plaza has changed from what is shown in the Downtown Design Guide. He expressed concern for cut-through traffic. Community & Economic Development Director David Planning Commission Meeting May 21, 2009 Page 3 Olson pointed out that Market Plaza will provide a permanent public location for events like the Farmers Market and Pan-O-Frog that previously took place on private property. He indicated that there will be times that the City will close Market Plaza for civic events so Ace Hardware customers will have to use on-street parking and the spaces at the rear of the Ace Hardware lot. Mr. Olson indicated that the design of Market Plaza has changed from a much bigger foot print due to the cost, but the concept is the same.. - Lighting was discussed. According to the submitted photometric plan, there is no lighting along the north side of the building, except City street lights. The Ace Hardware representatives indicated they are comfortable with that. - Truck movements were discussed. Assistant City Engineer Zach Johnson indicated that the truck loading access at the rear of the Ace Hardware lot would not be impacted when Market Plaza is closed for civic events. - Only having one entrance at the corner of Holyoke Avenue and Market Plaza into the Ace Hardware store was discussed. Dean Simon indicated that it would not be cost effective to have another entrance in the back of the store. - What is the intended use for the existing Ace Hardware building? Mr. Hotzler stated he will redevelop the existing Ace Hardware site. 09.18 Motion was made and seconded to recommend to City Council approval of the Market Plaza vacation of 208 Street right-of-way between Holyoke Avenue and Holt Avenue; Preliminary and Final Plat of three commercial lots and one outlot; and a Conditional Use Permit to allow off-site parking in the C-CBD, Central Business District Area -Commercial District, located east of Holyoke Avenue, west of Holt Avenue, south of 207 Street and north of 209 Street, subject to the following stipulations: L The recommendations outlined in the May 15, 2009 Engineering report. 2. The recommendations of the Parks, Recreation & Natural Resources Committee. 3. The site and buildings shall be developed in conformance with the plans approved by City Council. 4. The display of merchandise is not permitted outside of the designated area along the north side of the building and is not allowed to encroach onto the Market Plaza sidewallc. No additional display areas are permitted. 5. No materials or merchandise are allowed to be stored outside of the storage area and no materials placed within the storage area are allowed to exceed the height of the enclosure. Planning Commission Meeting May 21, 2009 Page 4 6. A sign permit must be granted prior to the installation of any signage. 7. All dumpster and trash receptacles must be located within the enclosed storage area at the rear of the building. 8. Prior to City council consideration the Ace Hardware plans must be revised to show a brick veneer knee wall along the south elevation of the building at a minimum length of 88 feet or within the first four columns on that side of the building, 9. A security in the amount of $5,000 must be submitted prior to the final plat being considered by City Council to insure the landscaping, street trees and sod is installed consistent with the approved landscape plan. 10. Park dedication requirements must be satisfied as a cash fee in lieu of land as required by Section 10-4-8 of the Subdivision Ordinance, The park dedication amount is $5,254.32 and must be submitted prior to-City Council consideration of the preliminary and final plat. 11. A sidewalk security must be submitted as outlined in the Engineering report dated May 15, 2009 prior to City Council consideration to insure that all sidewalks adjacent to the site are completed and restored as shown on the plans and to insure that any sidewalks damaged during the construction of the Ace Hardware building are replaced. Ayes: Glad, Adler, Lillehei, Davis, Pattee, Drotning. Nays: Grenz. Commissioner Grenz felt that this was not a valid public hearing due to the City of Lakeville not being listed on .tonight's agenda and in the staff reports as an owner of property in the Market Plaza plat. ITEM 7. GREG MILER Chair Davis opened the public hearing to consider the application of Greg Miler for a Conditional Use Permit to allow more than one detached accessory building on a single family lot and the construction of a detached accessory building greater than fifteen feet (15) feet in height on property zoned RS-1, Single Family Residential District, located at 12428 - 167 Street. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Greg Miler presented an overview of his request. He indicated that he agreed with most of the staff report, but wanted to offer an explanation for some items listed in the staff report. Chair Davis stated that he would have a chance to review these after the .planning report was presented. Planning Commission Meeting May 21, 2009 Page 5 Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey indicated that Stipulation 9 has a typo and should read ..."shall net be used..." He also indicated that Stipulation 11 was a repeat of Stipulation 7. Mr. Dempsey stated that Planning Department staff recommends approval of the Conditional Use Permit, subject to the 10 stipulations listed in the May 15, 2009 planning report, as amended. Chair Davis opened the hearing to the public. Dominic Zampogna, 16866 Lions Court • Concerned about how the values of the homes on Lions Court will be impacted. • The proposed garage at 24 feet in height at the rear of Mr. Miler's property will be much higher than his home due to the elevation difference between the two properties. • Concerned -about storm water run-off from Mr. Miler's property onto his property and Lions Court due to the number of buildings on Mr. Miler's property. • Suggested that the proposed garage be built in the front yard of Mr. Miler's property. Judith Coker, 16859 Lions Court • Stated she has planted trees on the north side of her property to add privacy. She felt that more trees will be needed if Mr. Miler's conditional use permit is granted. • Also concerned about the value of her property if Mr. Miler's conditional use permit is granted. Allan "Buzz" Leighton, 16862 Lions Court • Concerned about the elevation difference between Mr. Miler's property and Lions Court. • Would like Mr. Miler to continue the line of trees to further cover the view of the pool mechanics and the proposed garage. • Asked if the proposed garage could be put in the front yard of Mr. Miler's property. The Planning Commission agreed to leave the Public Hearing open. Planning Commission Meeting May 21, 2Q09 Page 6 Mr. Miler returned to the podium with the following comments: • Mr. Miler felt that some of the pictures shown tonight were misleading as to the visibility of the back of his property. • He indicated that he felt the pool deck is not a permanent structure because there are no footings and it can be taken apart in three sections so he would like to keep it. • The play house is portable and can be removed. • Mr. Miler indicated that he would prefer to keep the current shed. He was told by the City that he did not need a building permit for the shed if it was not larger than 120 square feet. • Mr. Miler stated that it would be impossible for him to build the proposed garage in his front yard because it would have to be built between the wetland and the trees and he did not want to take any of the trees down. • Mr. Miler indicated that he could build the proposed garage with a 20 foot roof as stipulated in the planning report. He chose the 24 foot roof to match the pitch of the house. • Mr. Miler stated that gutters would be placed on the proposed garage to help with stormwater run-off, which he feels is not a problem at this time. Chair Davis asked for comments from the Planning Commission. Discussion points were: - At the request of the Planning Commission, Mr. Dempsey explained the difference between an encroachment and anon-conformity. - Because non-conformities are usually complaint based, if Mr. Miler chose to withdraw his CUP application, would there be any action by the City to remove the non-conformities from Mr. Miler's property. Mr. Morey stated that the City would pursue any non-conformities that staff is made aware of. City staff would not have approved the construction of the two existing detached accessory buildings because a conditional use permit is required. - There was a discussion as to whether the pool deck is a structure. Mr. Morey stated that the pool deck is a structure as defined by the Zoning Ordinance and structures are not allowed in public drainage and utility easements. As such, the pool deck is non-conforming and would need to be removed. - Referring to Stipulation 8 in the May 21St planning report, staff gave a brief description of field locating trees. - The Planning Commission agreed that the pool mechanicals should be screened from the neighbors to the south. Planning Commission Meeting May 21, 2009 Page 7 - Property values are not a determining factor in the Planning Commission s consideration of a conditional use permit application. - Recommended the number of trees required by Stipulation 8 be doubled. - There was discussion whether the height of the proposed detached garage should be 15 ft., 20 ft., or 24 ft. If the garage were attached to the house, the height requirement increases to 35 feet, but the square footage of the attached accessory building area becomes the issue, along with the setback. Break at 8:39 p.m. Reconvened at 8:49 09.19 Motion was made and seconded to close the public hearing at 8:50 p.m. Ayes: 7 Nays: 0 The Planning Commission requested the following amendments to the stipulations listed in the May 15, 2009 planning report: 8. Eight 8 foot tall spruce trees must be planted pry ~a~~ T ~^~~ r'^••M+ along the south property line to provide additional screening. ems. The trees must be field located and inspected by staff prior to installation. 9. No part of any accessory building shall Abe used as a dwelling or home occupation. 11. The flans shall be revised to include screening of the existing pool equipment from the adjacent properties to the south. The Planning Commission removed stipulations 3 and 5 to be voted on separately. 09.20 Motion was made and seconded to recommend to City Council approval of the Greg Miler Conditional Use Permit to allow more than one detached accessory building on a single family lot and the construction of a detached accessory building greater than fifteen (15) feet in height on property zoned RS-1, Single Family Residential District, located at 12428 - 167 Street, subject to the following revised stipulations: 1. The existing storage shed shall be removed from the property. 2. The existing play house shall be removed from the property. 4. The detached garage and pool house shall be constructed to the size and locations approved by the City Council. .Planning Commission Meeting May 21, 2009 Page 8 6. The detached garage and pool house shall be constructed with siding and roofing materials compatible with the existing house as shown on the plans approved by the City Council. 7. The detached garage and pool house shall not have sewer or water service. 8. Eight 8 foot tall spruce trees must be planted along the south property line to provide additional screening. The trees must be field located and inspected by staff prior to installation. 9. No part of any accessory building shall be used as a dwelling or home occupation. 10. All drainage from the detached garage roof shall be directed toward the pool area to the west. 11. The plans shall be revised to include screening of the existing pool equipment from the adjacent properties to the south. Ayes: Adler, Lillehei, Davis, Pattee, Grenz, Drotning, Glad. Nays: 0 09.21 Motion was made and seconded to amend stipulation 5 of the planning report to read: The height of the detached garage shall not exceed 24 feet. In addition, the detached garage shall be located directly abutting the existing paved driveway. Ayes: 5 Nays: 2 Motion passed. 09.22 Motion was made and seconded to recommend to City Council approval of the Miler Conditional Use Permit with Stipulation 5 as listed below: 5. The height of the detached garage shall not exceed 24 feet. In addition, the detached garage -shall be located directly abutting the existing paved driveway. Ayes: Lillehei, Davis, Grenz, Adler. Nays: Pattee, Drotning, Glad. Commissioners Pattee and Drotning wanted the stipulation to read 20 feet, as originally stated. Commissioner Glad was not inclined to grant a conditional use permit for a detached accessory building of that height. 09.23 Motion was made and seconded to amend stipulation 3 to read: In the event that the existing platform pool deck must be removed to access the utilities contained in that easement, it will be done atthe homeowner's expense. Planning Commission Meeting May 21, 2009 Page 9 Ayes: 3 Nays: 4 Motion does not pass. 09.24 Motion was made and seconded to recommend to City Council approval of the Miler Conditional Use Permit with Stipulation 3 as listed below: 3. The existing platform pool deck shall be removed from the drainage and utility easement. Ayes: Grenz, Drotning, Glad, Adler, Lillehei, Davis. Nays: Pattee. Commissioner Pattee does not agree that the pool deck is a structure and feels an accommodation should be made. ITEM 8. DOUG AND KARLA PIETSCH Chair Davis opened the public hearing to consider the application of Doug and Karla Pietsch for aConditional -Use Permit amendment to allow an existing detached accessory building to remain following the subdivision of the property, located at 12299 Lucerne Trail. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Doug Pietsch presented an overview of his request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Planning Department staff recommends approval of the Pietsch Conditional Use Permit amendment, subject to the 3 stipulations listed in the May 15, 2009 planning report. Chair Davis opened the hearing to the public for comment. There were no comments from the audience. 09.25. Motion was made and seconded to close the public hearing at 9:23 p.m. Ayes: 7 Nays: 0 Chair Davis asked for comments from the Planning Commission. Discussion points were: - Commissioner Drotning stated that if the detached accessory building was proposed to be constructed under the current .Zoning Ordinance requirements, a conditional use-..permit would be required for the height, but not the size, of the building. Planning Commission Meeting May 21, 2009 Page 10 - The applicant indicated that he is plaruling to sell the parcel that includes the existing house and detached accessory building and he will keep the other parcel to build a new house on. - Chair Davis commented that the Pietsch administrative subdivision follows the letter of the Zoning Ordinance amendment approved last year, but not the spirit and intent of the amendment. 09.26 Motion was made and seconded to recommend to City Council approval of the Doug and Karla Pietsch Conditional Use Permit amendment to allow an existing detached accessory building to remain following the subdivision of the property, located at 12299 Lucerne Trail, subject to the following stipulations: 1. All stipulations of Conditional Use Permit No. 99-17 shall remain in full force and effect. 2. The requirement of Conditional Use Permit No. 99-17 Stipulation (g) to remove the detached accessory building shall be suspended until such time that Parcel A is further subdivided, at which time the detached accessory building shall be removed. 3. City Council approval of -the Conditional Use Permit amendment is stipulated upon the approval of the administrative subdivision as proposed with the application submitted on Apri19, 2009 and the survey submitted on Apri129, 2009. Ayes: Liilehei, Davis, Pattee, Grenz, Drotning, Glad, Adler. Nays: 0 There being no further business, the meeting was adjourned at 9:27 p.m. Respectfully submitted, (ti ~ , Penny Br , Recording Secretary Dated ~ ~ `~'~ n~ ATTEST: Ba avis, Chair Dated ~ `i ~ `~