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HomeMy WebLinkAbout09-17-92 f CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17, 1992 The meetingwas called to order by Chair Steigerwalt at 7:00 p.m. in the City Hall Council Chambers. Roll call of members was. taken. Present: O'Donnell, Steigerwalt, Whittingham, Miller. Absent: Whitehouse, Holberg, Smith. Also present: Robert Erickson, City Administrator; Jim Walston, Assistant Da Attorney; Michael Sobota, Community and Economic Development Director; ryl Morey; Assistant Community and Economic Development Director; David Licht, Northwest Associated Consultants; Jeff Oliver, Assistant Engineer; Mira Holliday, Recording Secretary. The minutes of the August 20,1992 Planning Commission meeting were approved as written. Staff requested that items number four and five be postponed until later in the meeting. ITEM 6 The public hearing to consider the application of Pat Brewer for a conditional use permit to allow the construction of a single family i residential dwelling on anon-conforming lot located at 18764 Kenwood Trail was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented an overview of the proposed conditional use permit, outlining the planning report of September 11,1992. His discussion included: - Background - Non-conformities: - Street frontage - Lot size - Accessory buildings - Setbacks - Zoning Ordinance requirements - Items currently being stored outdoors - Existing unpaved driveway - Four existing detached accessory buildings in need of painting - Existing detached chip board storage building should be removed • PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17,1992 Page 2 Mr. Morey stated that approval of the conditional use permit request subject to the 11 stipulations recommended in the planning report will bring. the Brewer property more into compliance with Zoning Ordinance requirements by ehminatmg the non-conformities related to accessory buildings and building setbacks. Mr. Morey further stated that if the site improvements discussed are implemented by Mr. Brewer as part of the conditional use permit request, the appearance of the property will be greatly enhanced. Mr. Brewer was present and stated it is his desire to improve the property but considers it to be a hobby farm and that he should not have to go through this process because he considers his property grandfathered. He further stated the conditional use permit application process had been frustrating, as he had hoped to have his new home under construction at this time. The Commission held a discussion which included: - How the garage will be brought into conformance with. the Zoning Ordinance. - Possibility of hooking up to City utilities - (not available) . _ Planting of trees along the east property line Outdoor storage Mr. Brewer addressed several of the stipulations as follows: #4. The existing detached chip board storage building is made of cedar board and a permit was obtained at the time the building was constructed in 1984. He requested that he be allowed to keep this building on the property. #5. He is currently in the process of repainting the wood doors and trim on all the detached accessory buildings. #6. Some of the items stored outside have been removed. Others, such as his tractor and horse trailer, he feels are too large to be stored inside. #7. Expressed concern over how much of his driveway will have to be paved. He stated he has a shared driveway which would possibly have to be changed in the future if there is any change in Highway S0. #8. Agrees to plant the 3-4 foot tall evergreen trees. The Commission continued their discussion which included: - Permits for the accessory buildings • - Possible changes to Hwy. 50 PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17,1992 Page 3 - Driveway easement - Paving of driveway - Storage of horse trailer and tractors outside Anne Brighton, property owner to the west, stated she is considering adding a garage in the near future and feels if the driveway were completely paved, ppart of it may have to be removed. The Commission discussed the possibility of security being posted for the paving of the driveway. Mr. Erickson suggested that Mr. Brewer pave the driveway to his property line andthe remainder be completed at the time Ms. Brighton's garage is constructed. He further stated that the issuance of a certificate of occupancy could be contingent on the paving of the driveway or a $500 escrow if the paving could not be accomplished yet this fall. Scott Johnson, property owner to the east, stated he sees no need in Mr. Brewer paving his driveway until the property in the immediate area is developed. He also stated he has noticed no excess outside storage and feels the outbuildings are properly maintained. He further stated that he sees no need for screening, but ff required, Aspen or Maple should be used. • Mr. Holbert, also a neighboring property owner, stated he also sees no need for screening. The stipulations listed in the planning report were amended as follows: 7. The existing driveway shall be surfaced with asphalt, concrete, cobblestone, or paving brick to the property line prior to the issuance of a Certificate of Occupancy for the new house and attached garage or a $500 escrow shall be submitted and the driveway shall be paved by October 1,1993. 8. .Ten, 3-4 foot tall evergreen trees or two inch diameter deciduous trees shall be planted 20 feet on-center along the east property line northward from the north edge of the existing tree line. 92.124 Motion was made by Miller, seconded by Whittingham, to close the public hearing. Roll call was .taken on the motion. Ayes: Unanimous. 92.125 Motion was made by Whittingham, seconded by O'Donnell to recommend approval of the application of Pat Brewer for a conditional. use permit to allow the construction of a singe family residential dwelling on anon-conforming.. lot located at 18764 Kenwood Trail subject to the planning report of 9/11/92 as amended and the findings of fact. . Roll call was taken on the motion. Ayes: Unanimous. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17,1992 Page 4 ITEM 5 The public hearing to consider the application of Messiah Lutheran Church for an amendment to Conditional Use Permit No. 88-O1 to allow an expansion of Messiah Lutheran Church was. opened. The City Attorney attested that all legal notices had been duly published and mailed. The public hearing to consider the preliminary plat of one lot and one outlot to be known as Messiah Lutheran Church Addition and a minor comprehensive plan amendment to bring the property into the Year 20~ Urban Service Area was continued from the August 20,1992 Planning Commission meeting. Daryl Morey presented an overview of the conditional use permit amendment, the preliminary plat, and the final. plat, outlining the planning report of September 10,1992. His discussion included the following: - Background and history - .Construction of an 8,900 square foot sanctuary - Expansion of existing parking lot - Future expansion pphases - Compliance with R-2 District requirements . - Consistency of preliminary and final plat with the Comprehensive Plan - Lots/blocks - Outlots - Streets - Driveways - Utilities - Grading, drainage and erosion control - Recommendation of Environmental Affairs Committee - Tree preservation - Wetlands - Park and trail dedication - MUSA Mr. Morey stated that staff recommends approval of the Messiah Lutheran Church Addition preliminary and final plat and conditional use permit amendment subject to the stipulations listed in the planning report. Mr. Morey stated that a revised site master plan has been submitted that meets stipulation numbers 5 .and 6. Representatives of Messiah Lutheran Church were present. Michael Sobota,stated that staff met with representatives of Messiah Lutheran Church before the meeting and recommended a modification to stipulation number 4 of the planning report to read as follows: • The existing. driveway located at the south end of the site shall be removed and the proposed north access constructed when the future Phase III is constructed or when Highview Avenue is upgraded, whichever occurs first. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17,1992 Page 5 Michael Waligarvi, architect for the project, stated that the church would like to widen the existing north driveway m the future. Staff indicated that the design of the driveway would need to be reviewed by City staff for conformance to design standards. He also expressed his concern over the Zoning Ordinance requirement regarding the allowable height of the building. Staff reviewed the Zonir?g Ordinance definition of building heit. Staff determined the church expansion plans will conform with the 35 oot maximum building height allowed in the R-2 District as defined by the Zoning Ordinance. Stipulation number seven was amended as followed: The building height of the proposed sanctuary shall not exceed 35 feet as defined by Zoning Ordinance. The Commission held a discussion which included: - Proposed retaining. wall along the future north driveway - Drainage - Easement for the widening of Highview Avenue - Temporary livin quarters for construction workers (none for this expansion phase 92.126 Motion was made by Miller, seconded by Whittingham to close the public hearing to consider the application of Messiah Lutheran Church for an amendment to Conditional Use Permit No. 88-O1 to allow an expansion of Messiah Lutheran Church. Roll call was taken on the motion. Ayes: Unanimous. 92.127 Motion was made by Miller, seconded by Whittingham to close the. public hearing to consider the preliminary plat of one lot and one outlot to be known as Messiah Lutheran Church Addition and a minor comprehensive plan amendment to bring the property into the Year 2000 Urban Service Area. Roll call was taken on the motion. Ayes: Unanimous. 92.128 Motion was made by Whittingham, seconded by O'Donnell to recommend approval of the application of Messiah Lutheran Church for an amendment to Conditional Use Permit No. 88-01 to allow an expansion. of Messiah Lutheran Church subject to the planning report of September 10, 1992 as amended and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. 92.129 Motion was .made by Miller, seconded by Whittingham to recommend approval of the preliminary plat of one lot and one outlot to be known as Messiah Lutheran Church Addition and a minor comprehensive plan amendment to bring the property into the Year 2000 Urban Service Area subject to the planning • report dated September 10,1992 as amended, the eng~'neering report dated September 10,1992 and the DCSWCD report dated September 19,1992. Roll call was taken on the motion. Ayes: Unanimous. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17,1992 Page 6 92.130 Motion was made by O'Donnell, seconded by Miller to recommend approval of the final plat of Messiah Lutheran Church subject to the planning report dated September 10,1992 as amended, the engineering report dated September 10,1992 and the Dakota County Soil and Water Conservation District report dated September 9,1992. Roll call was taken on the motion. Ayes: Unanimous, ITEM 7 Michael Sobota stated that the City is withdrawing the application for a rezoning from R-7, High Density Residential Distract, to R-4, Single and Two Family Residential District on land located in the northeast corner of Kenrick Avenue and 181st Street West due to changes in plans by the owner of the property. He stated the rezoning would probably be pursued in Spring of 1993. ITEM 8 The public hearing to consider the application of Winkler Development Company for a rezoning from R-7, High Density Residential Distract to B-2, • Retail Business District and B-4, General Business District, on land located south of C.R. 46 and west of Ipava Avenue was opened. The City Attorney attested that all legal notices had been duly published and mailed. Michael Sobota reviewed the proposed rezoning. He stated that staff has been working with Winkler Development Company and Hosanna Lutheran Church on an admuustrative subdivision for the Winkler owned property between 165th Street and County Road 46, west of Ipava Avenue. Hosanna Lutheran Church has purchased the property to the south (approximately 22 acres) currently zoned R-7 except fora 20 foot strip along the north line directly south of the B-2B-4 zoned property. In the administrative subdivision of the property, the City has negotiated with Winkler Development Company to sell to Dakota County Highway Department a twenty foot strap of property required for the County Road 46 reconstruction/improvement project. Mr. Sobota stated Winkler Development has agreed to the sale of the additional County Road 46 right-of--way at the County's appraised value contingent upon the rezoning of a twenty foot strip of property to the south of the existing B-2B-4 roperty to compensate for the 20 foot right-of .way taking. Mr. Sobota stated that staff recommends approval of the proposed rezoning, The Commission held a brief discussion. 92.131 Motion was made by Miller, seconded by O'Donnell to close the public hearing. • Roll call was taken on the motion. Ayes: Unanimous. • t PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17, 1992 Page 7 92.132 Motion was made by Miller, seconded by Whittingham to recommend appproval of the application of Winkler Development Company for a rezoning from R-7, High Density Residential District to B-2, Retail Business District and B-4, General Business District, on land located south of C.R. 46 and west of Ipava Avenue and the findings of fact. Roll call was taken on the motion.. Ayes: Unanimous. ITEM 10 Daryl Morey presented an overview of the final plat of Country Pond South 3rd Addition, outlining the planning report of September 10,1992. His discussion included: - Background and history - Consistency with the approved preliminary plat - Lots blocks - Setbacks - Streets - Grading, drainage and erosion control Tree preservation Environmental Affairs Committee recommendation - Park and trail dedication - Wetlands - MUSA Mr. Morey stated that staff recommends approval of the Country Pond South 3rd Addition final plat subject to the nine stipulations listed in the planning report. Ralph Wagner of GRQ Development and Probe Engineering was present. The Commission. held a discussion which included: Soil conditions - Draintile - Street naming 92.133 Motion was made by O'Donnell, seconded by Whittingham to recommend approval of the final plat of Country Pond South 3rd Addition subject to the planning report of September 10,1992, the engineering report of September 4,1992, and the Dakota County Soil and Water Conservation District report of September 9,1992. Roll call was. taken on the motion. Ayes: Unanimous. • PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17, 1992 Page 8 ITEM 6 Staff requested that the public hearing regardingg the Brewer conditional use permit be reopened. In conversation with Mr. Brewer after the hearing was closed, staff determined that the cedar chip board storage building is currently being. used to house a wood fired boiler for his existing home. He is proposing to utilize this facility as auxiliary heat. for his proposed new home. Staff was unaware of this use prior to the closing of the public hearing. 92.134 Motion was made by Miller, seconded by Whittingharn to re-open the public hearing to consider the application of Pat Brewer for a conditional use permit to allow the construction of a singgle family residential dwelling on anon-conforming lot located at 18764 Kenwood Trail. Roll call was taken on the motion. Ayes: Unanimous. Mr. Brewer expressed his desire to utilize the wood fired boiler to provide auxiliary heat for his new home. Staff explained that the City Building Official would need to determine code compliance with this use. The Commission held a brief discussion. The stipulations of the planning report were further amended as follows: 4. The existing detached cedar chip board storage building shall be finished to be compatible in exterior appearance with the existing detached accessory buildings and the proposed new house and attached garage. The continued use of the building as an auxiliary wood heat plant shall be contingent upon City Building Official approval. The building must be removed from the property if the current use is discontinued. 92.135 Motion was made by Miller, seconded by O'Donnell to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 92.136 Motion was made by Miller, seconded by Whittingham to amend motion number 92-125 to include the amendment to stipulation number four as outlined above. Roll call was taken on the motion. Ayes: Unanimous. ITEM 4 Robert Erickson discussed the findings of fact in regard to the Lynwood South 2nd Addition. He stated that City staff has been in negotiations i with the developers of Lynwood South 2nd Addition and the Stonebriar plat for acquisition of wetland areas and park land. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17,1992 Page 9 Mr. Erickson went on to explain that Lynwood South residents have objections to the proposed ten foot easement over Lot 21, Block 1, Lynwood South for access to the proposed park area. He stated that two park accesses would be pursued. 92.137 Motion was made by Whittingham, seconded by Miller to accept the findings of fact regarding Lynwood South 2nd Addition with item number seven changed. to read as follows: "The City receive two suitable points. of access to the proposed park area." Roll call was taken on the motion. Ayes: Unanimous. ITEM 9 The public hearing to consider the application of Freeborn-Mower, Ltd. for an amendment to an approved. planned unit development to include a signage plan for Crystal Lake Golf Estates on land located south of C.R. 4b and east of Ipava Avenue was opened. The City Attorney attested that all legal notices had been duly published and mailed. David Licht presented an overview of the signage plan, outlining the planning report of September 11,1992. He discussed the following: - Background - Main entrance monuments - Secondary entrance monument - Clubhouse entrance monument - Development identification monument - Outlots - Setback - Traffic visibility triangle - Design/construction Drainage/utility easements - Prairie preservation area - Directional signs - Lighting - Landscaping Mr. Licht stated he recommends approval of the submitted signage plans subject to 11 conditions listed in the planning report. Tim Whitten of Whitten and Associates discussed the landscape and lighting plan around the monuments. The Commission held a discussion regarding several foundations for the proposed signs already installed. The following stipulation was added to .the planning report: • 12. Sign concrete foundations which have been already installed shall be subject to structural review and setback verification by the City Building Official, and any corrective actions as maybe necessary shall be completed prior to issuance of sign. permits. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17,1992 Page 10 There was no public comment. 92.138 Motion was made by Miller, seconded by O'Donnell to close the public . hearing. Roll call was taken on the motion. Ayes: Unanimous. 92.139 Motion was made by Miller, seconded by Whittingham to recommend approval of the application of Freeborn-Mower, Ltd. for an amendment to the approved Planned Unit Development to include a signage plan for Crystal Lake Golf Estates on Land located south of C.R. 46 and east of Ipava Avenue subject to the planning report of .September 11,1992 with the addition of stipulation number 12. Roll call was taken on the motion. Ayes: Unanimous. ITEM 11-UNFINISHED BUSINESS David Licht explained action by the City Council regarding the Lake Villa Golf Estates 7th Addition rezoning previously considered by the Planning Commission. He stated the Council directed the Planning Commission to re-study the proposed rezoning for this parcel. He requested that the Planning Commission give direction to staff on this issue. 92.140 Motion was made by Steigerwalt, seconded by Miller to direct staff to prepare a recommendation incorporating the. findings included in the R-6/R-7 Zoning Study and giving consideration to the establishment of an environmental overlay on the proposed. R-1 zoned property. Roll call was taken on the motion. Ayes: Unanimous. There was no new business. Chair. Steigerwalt adjourned the meeting at 10:00 p.m. Respectfully submitted: • ~ Holliday Recordin~ ecretary ATTEST: Chris Steigerwalt, Chair