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HomeMy WebLinkAbout07-17-08 CITY OF LAKEVILLE Planning Commission Meeting Minutes JULY 17, 2008 The July 17, 2008 Planning Commission meeting was called to order by Chair Drotning in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Chair. Drotning Vice Chair Davis Secretary Pattee Commissioner Glad Commissioner Grenz Ex-officio Bussler Absent: Commissioner Manikowski Commissioner Lillehei Staff Present: Daryl Morey, Planning Director Kris Jenson, Associate Planner Dennis Feller, Finance Director Zach Johnson, Development/ Design Engineer Penny Brevig, Recording Secretary ITEM 3. APPROVAL OF MEETING MINUTES: The.. June 19, 2008 Planning Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey indicated that the following items were distributed to the Planning Commission at tonight's meeting: A. The July 16, 2008 Parks, Recreation and Natural Resources Committee meeting motions regarding Chadwick Farm Fourth Addition final plat, First Park Lakeville 2nd Addition final -plat, and .Crossroads Senior Housing preliminary and final plat. B. Revised list of stipulations regarding the Susan Monnens special home occupation permit request adding Stipulation 3 for the Planning Commission's consideration. C. Revised list of stipulations regarding the Tom and Ann Hoffman special home occupation permit ..request adding Stipulation 5 for the Planning Commission's consideration. Planning Commission Meeting July 17, 2008 Page 2 Regarding Consent Agenda Item 5A, Chadwick Farm Fourth Addition final plat, Mr. Morey indicated that there was a discrepancy in the park dedication amounts listed in the planning and engineering reports. He stated that the correct amount is listed in the June 11, 2008 engineering report. He also stated that the City will reimburse the developer fore the greenway trail as stated in the Parks, Recreation and Natural Resources Committee meeting motion. Mr. Morey stated that Zach Johnson, Development/ Design Engineer, is filling in for Assistant Engineer Jay Rubash at tonight's meeting. ITEM 5. CONSENT AGENDA Commissioner Pattee asked staff for an explanation of the flooding problem that occurred on a neighboring property as part of the First Park Lakeville 1St Addition dewatering process. Development/ Design Engineer Zach Johnson provided an explanation. Chair Drotning asked for a clarification regarding Chadwick Farm Fourth Addition and the number of lots to be final platted with this phase. Mr. Morey indicated that given the housing slow down, the developer chose to final plat fewer lots in this phase and add a fifth addition .for future development. He stated that the Chadwick Farm 4th Addition final plat plans are consistent with the approved Chadwick Farm preliminary plat. 08.62 Motion was made and seconded to recommend to City Council approval of the July 17, 2008 Planning Commission Consent Agenda as follows: A. Approve the request of D. R. Horton, Inc. for a final plat of 35 single family residential lots_to be known as Chadwick Farm Fourth Addition. B. Approve the request of First Industrial Realty Trust,. Inc. for a final plat of one industrial lot to be known as First Park Lakeville 2nd Addition. Ayes: Glad, Drotning, Pattee, Grenz, Davis. Nays: 0 ITEM 6. CITY OF LAKEVILLE Chair Drotning opened the public hearing to consider the request of the City of Lakeville for the adoption of the 2008-2012 Capital Improvement Plan (CIP). The Recording .Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Planning Commission Meeting July 17, 2008 Page 3 Development/ Design Engineer Zach Johnson and Finance Director Dennis Feller presented the 2008-2012 Capital Improvement Plan. Mr. Johnson presented a power point which reviewed proposed streets, parks and trails, sanitary sewer, storm sewer, and water projects scheduled for construction between 2008 and 2012. Mr. Feller presented a power point which reviewed the objectives of the CIP and proposed financing for the construction projects. Mr. -Feller stated that staff has reviewed the CIP and finds it to be consistent with the Comprehensive Plan and recommends approval of the 2008-2012 Capital " Improvement Plan as presented. Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. 07.63 Motion was made and seconded to close the public hearing at 6:30 p.rn. Ayes: 5 Nays: 0 Chair Drotning asked for comments from the Planning Commission. Discussion points were: • Clarification that the Planning Commission recommendation for approval is based only on the CIP being consistent with the Comprehensive Plan and not fiscal responsibility. • The Metropolitan Council's Regional Blueprint as the foundation for the Comprehensive Plan. • The need to update the Comprehensive Land Use Plan on an annual basis to reflect the annual update to the CIP and changes to the housing and commercial/industrial markets. 07.64. Motion was made and seconded to recommend to City Council approval of the 2008-2012 Capital Improvement Plan, as presented, which is .consistent with the 1998 Comprehensive Plan. Ayes: Drotning, Pattee, Grenz, Davis, Glad. Nays: 0 ITEM 7. SUSAN MONNENS Chair Drotning opened the public hearing to consider the request of Susan Monnens for a Special Home Occupation Permit to allow a massage therapy use in Planning Commission Meeting July 17, 2008 Page 4 her single family residence, located at 8465 - 207 Street. 'The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Ms. Monnens presented an overview of her request. Associate Planner Kris Jenson presented the July 10, 2008 planning report. Ms. Jenson stated that staff recommends approval of the Susan Monnens Special Home Occupation Permit, subject to the 9 stipulations listed in the July 10, 2008 planning report, along with the additional stipulation number 3 listed on the handout for tonight's meeting. Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. 08.65 Motion was made and seconded to close the public hearing at 7:02 p.m. Ayes: 5 Nays: 0 Chair Drotning asked for comments from the Planning Commission. Discussion points were: • No problems with any previous Special Home Occupation permits. • Suggestion as part of the 2009 Zoning Ordinance update that certain special home occupation requests be considered as an administrative permit as they have been relatively routine matters in the past. • Confirmation that the item seen from an aerial view of Ms. Monnens' back yard was a snowmobile trailer and not an accessory building. 08.66 Motion was made and seconded to recommend to City Council approval of the Susan Monnens Special Home Occupation Permit based upon the Findings of Fact dated July 17, 2008, and subject to the following stipulations: 1. No .home occupation other than the massage therapy shall be conducted on the premises. 2. Ms. Monnens must be granted a massage therapy license by the City Clerk prior to seeing clients. in her home. 3. Prior to City Council consideration, the. open electrical permit must pass final inspection. Planning Commission Meeting July 17, 2008 Page 5 4. Any signs displayed n1 relation to the massage therapy use must comply with Zoning Ordinance requirements. A maximum two square foot sign is allowed by ordinance for special home occupations.. 5. No persons other than Ms. Monnens shall be employed in the home occupation. 6. The home occupation shall be conducted entirely within the home and may not be conducted in a garage or other accessory building. 7. Clients must park on the driveway at 8465 207 Street and shall not utilize on-street parking. 8. The home. occupation shall not be conducted between 10 p.m. and 7 a.m. 9. The provisions of Chapter 11-32-7 of the Zoning Ordinance shall be met at all times. 10. The special home occupation permit shall expire one year from the date of issuance of the permit at which time the applicant may file for an extension of three years. Ayes: Drotning, Pattee, Grenz, Davis, Glad. Nays: 0 ITEM 8. SHARON HAGERTY Chair Drotning opened the public hearing to consider the request of Sharon Hagerty for a Special Home Occupation Permit to allow a massage therapy use in her single family residence, located at 18747 Iroquois Lane. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Ms. Hagerty presented an overview of her request. Associate Planner Kris Jenson presented the July 10, 2008 planning report. Ms. Jenson stated that staff recommends approval of the Sharon Hagerty Special Home Occupation Permit, subject to the 9 stipulations listed in the July 10, 2008 planning report. Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. Planning Commission Meeting July 17, 2008 Page 6 08.67 Motion was made and seconded to close the public hearing at 7:08 p.m. Ayes: 5 Nays: 0 08.68 Motion was made and seconded to recommend to City Council approval of the Sharon Hagerty Special Home Occupation Permit based upon the Findings of Fact dated July 17, 2008, and subject to the following stipulations: 1. No home occupation other than the massage therapy shall be conducted on the premises. 2. Ms. Hagerty must be granted a massage therapy license by the City Clerk prior to seeing clients in her home. 3. Any signs displayed in relation to the massage therapy use must comply with Zoning Ordinance requirements. A .maximum two square foot sign is allowed by ordinance for special home occupations. 4. No persons other than Ms. Hagerty shall be employed in the home occupation. 5. The home occupation shall be conducted entirely. within the home and may not be conducted in a garage or other accessory building. 6. Clients must park on the driveway at 18747 Iroquois Lane and shall not utilize on-street parking. 7. The home occupation shall not be conducted between 10 p.m. and 7 a.m. 8. The provisions of Chapter 11-32-7 of the Zoning Ordinance shall be met at all times. 9. The special home occupation permit shall expire one year from the date of issuance of the permit at which time the applicant may file for an extension of three years. Ayes: Pattee, Grenz, Davis, Glad, Drotning. Nays: 0 ITEM 9. TOM AND ANN HOFFMAN Chair Drotning opened the public hearing to consider the request of Tom and Ann Hoffman for a Special Home Occupation Permit to allow the assembly and sale of trophies and awards in their single family residence, located at 8315 - 190 Street. The Recording Secretary attested that the legal notice .had been duly published in accordance with State Statutes and City Code. Planning Commission Meeting July 17, 2008 Page 7 Mr. and Mrs. Hoffman presented an overview of their request. They requested that stipulation 6 be amended to allow customers to occasionally come to their home to pick up trophies. Associate Planner Kris Jenson presented the. July 10, 2008 planning report. She pointed out that the Hoffman s are currently operating this home occupation and were unaware of the City's regulations. Ms. Jenson stated that staff recommends approval of the Hoffman Special Home Occupation Permit, subject to the 7 stipulations listed in the July 10, 2008 planning report, .along with the additional stipulation number 5 listed on the handout for tonight's meeting. Chair Drotning opened the hearing to the public for comment. Gordy Erickson, 21017 Heron Way (Owner of Lakeville Trophy) Mr. Erickson s concerns were: ? Opposed to the Hoffman shaving apart-time employee; the business should be located in a business zoning district. ? Informed the Planning Commission of possible toxic fumes, radiation, and .radio transmitting interference from the equipment the Hoffman s use in their home occupation. 08.69 Motion was made and seconded to close the public hearing at 7:25 p.m. Ayes: 5 Nays: 0 Chair Drotning asked for comments from the Planning Commission. Discussion points were: • An additional stipulation will be added to have the Fire Marshall inspect the home prior to City Council consideration of the special home occupation permit. Asked if a hazardous waste permit is required? Staff will check into this. • The part-time employee should not be an issue as he works approximately ten hours a month for the trophy business and he is already an employee of their horse stable business which brings him to the property every day anyway. • Equipment interference. The Planning Commission recommended notifying the neighbors in the area and indicating that they should call the City if radio interference becomes a problem. Planning Commission Meeting July 17, 2008 Page 8 • Due to the nature of the neighborhood (rural), the Planning Commission determined that having one customer at a time come to pick up their orders would not be a problem for the surrounding area. Mr. Morey stated that this is a unique situation in that this special home occupation is in a rural area.. If approved, the City will be able to re-examine this home occupation every three years through the renewal process. 08.70 Motion was made and seconded to recommend to City Council approval of Tom and Ann Hoffman s Special .Home Occupation Permit based upon the Findings of Fact dated July 17, 2008, and subject to the following stipulations: 1. No home occupation other than the assembly and sale of trophy and awards shall be conducted on the premises. 2. Any signs displayed in relation to the awards and trophy business must comply with Zoning Ordinance requirements. 3. This special home occupation permit will allow only one outside employee that does not .reside at the .home. If the Hoffman s want additional employees that do not reside at the home, an amendment to the special home occupation permit is required.- 4. The home occupation shall be conducted entirely within the home and may not be conducted in a garage or other accessory building. 5. Prior to City Council consideration, a permit for the ventilation pipe of the engraving machine must be issued and pass inspection. 6. Not more than one customer may visit the home at any time. 7. The provisions of Chapter 11-32-7 of the Zoning Ordinance shall be met at all times. 8. The special home occupation permit shall expire one year from the date of issuance of the permit at which time the applicant may file for an extension of three years. 9. Prior to City Council consideration the Fire Marshall shall inspect the home occupation and the applicant shall adhere to any fire safety recommendations resulting from that inspection. The home occupation must also comply with any state and local hazardous material regulations. 10. The City shall notify all property owners within 1000 feet of the home occupation about the existence of equipment that may possibly cause electrical interference to surrounding properties. Planning Commission Meeting July 17, 2008 Page 9 Ayes: Grenz, Davis, Glad, Lillehei, Drotning, Pattee. Nays: 0 Break at 8:05 Reconvened at 8:17 ITEM 10. CROSSROADS SENIOR HOUSING Chair Drotning opened the public hearing to consider the application of the Dakota .County Community Development Agency (CDA) for the following, located north of 179 Street and west of Glacier Way: A. Preliminary and Final Plat of one high .density residential lot to be known as Crossroads Senior Housing. B. Development and Final Stage Planned Unit Development (PUD). The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Kari Gill, representing the CDA, and Dawn Wieczorek and Kirk Velett from Insite Architects were in attendance at tonight's meeting. Ms. Gill presented an overview of their request. She indicated that they would like to begin construction later this year and they will work with City staff to address the stipulated plan revisions prior to City Council consideration. Associate Planner Kris Jenson presented the July 10, 2008 planning report. Ms. Jenson stated that staff recommends approval of the Crossroads Senior Housing preliminary and final plat and Development and Final Stage Planned Unit Development, subject to the 12 stipulations listed in the July 10, 2008 planning report. Chair Drotning opened the hearing to the public for comment. Coburn Maddox, 17879 Glasgow Way Mr. Maddox asked what the age limit would be for this senior housing project and how does the CDA determine who is eligible financially. Jim Siekkinen, 17414 Grove Avenue Mr. Siekkinen is part of the Crossroads Methodist Church leadership group and indicated that Pastor Paul Marzahn was out of town, but wanted the Planning Commission to know that this senior housing project is what Pastor Paul had Planning Commission Meeting July 17, 2008 Page 10 always envisioned for the Crossroads development and the church is very supportive of this request. 08.71 Motion was made and seconded to close the public hearing at 8:32 p.m. Ayes: 5 Nays: 0 Chair Drotning asked Ms. Gill to explain the eligibility requirements. Ms. Gill explained that this development would be independent senior living for people 55 and older. She stated that the CDA has different income limits and rent ranges. In addition, the CDA has their own property management on site. Mr. Morey stressed that the City has had great success working with the CDA on senior and work force housing projects. He stated that this is a tremendous project for the Crossroads development. 08.72 Motion was made and seconded to recommend to City Council approval of the Crossroads Senior Housing preliminary and final plat of one high density residential. lot and Development and Final Stage Planned Unit Development, located north of 179 Street and west of Glacier Way, subject to the following stipulations: 1. Implementation of the recommendations listed in the 11 July, 2008 engineering report. 2. The recommendations of the Parks, Recreation and Natural Resources Committee. 3. The site and buildings shall be developed in compliance with the plans approved by the City Council and per Zoning Ordinance requirements. 4. All structures shall meet the 30 foot minimum setback requirement for residential development in the RH-1, Multiple Family Residential District. 5. No driveway access will be permitted to Glacier Way. 6. Prior to .City Council consideration, the landscape plan must be modified to include additional overstory trees at the rear of the site. 7. Landscaping must be installed consistent with the approved landscape plan and in compliance with Zoning Ordinance regulations. A $50,000 security must be submitted to guarantee compliance with the approved landscape plan. 8. Prior to City Council consideration, the monument sign elevation must be modified to show the monument sign at a maximum width of five feet or moved to an alternate location on site to meet the 15 foot setback Planning Commission Meeting July 17, 2008 Page 11 requirement. A sign permit is required to be issued prior to installation of the sign. 9. The CDA shall submit documentation indicating they have obtained a cross- access easement from the adjacent property owner to construct a connection for the fire apparatus access road to the .existing Crossroads commercial fire lane prior to the issuance of a building permit. 10. All masonry exterior building materials must be integrally colored and shall not be painted. All exterior metal accents shall be factory color pre-finished prior to installation. 11. Site and building lighting shall be installed consistent with the lighting plan as approved by the. City Council and in compliance with Zoning Ordinance requirements. 12. Snow storage shall not occur in required parking spaces, which may require trucking excess snow off-site. Ayes: Davis, Glad, Drotning, Pattee, Grenz. Nays: 0 ITEM 11. CITY OF LAKEVILLE .Chair Drotning opened the public hearing to consider an ordinance amending Title 11 (the Zoning Ordinance) of the Lakeville City Code concerning exceptions to lot area definitions. The Recording Secretary attested .that the legal notice had been duly published in accordance with State Statutes and City Code. Planning Director Daryl Morey presented the July 8, 2008 planning report. Mr. Morey stated that staff recommends approval of the Zoning Ordinance amendment as presented. .Chair Drotning opened the hearing to the public for comment. Douglas Pietsch, 12299 Lucerne Trail Mr. Pietsch stated that he supports this ordinance amendment and indicated that he will now be able to utilize his land to its full extent. 08.73 Motion was made and seconded to close the public hearing at 8:48 p.m. Ayes: 5 Nays: 0 Planning Commission Meeting July 17, 2008 Page 12 This agenda item has been discussed at two previous Planning Commission work sessions and there was no further discussion at tonight's meeting. 08.74 Motion was made and seconded to recommend to City Council approval of an amendment to Chapter 11-17-21 of the Zoning Ordinance,. as presented. Ayes: Glad, Drotning, Pattee, Grenz, Davis. Nays: 0 There being no further business, the meeting was adjourned at 8:50 p.m. Respectfully submitted, Penny Bre ,Recording Se ry 08/ 07/ 08 ' ATTEST: Karl Drotning, Chair 08/07/ 8