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HomeMy WebLinkAbout04-19-90 ~ ~ i CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES APRIL 19, 1990 The meeting was called to order. by Chairperson Whittingham at 7:00 p.m. in the City Hall Council Chambers.. Roll call of members was taken. Present: Whitehouse, Miller, Holberg, Whittingham, Steigerwalt.' Absent: Langhorst. Also present was Alan Brixius, Consultant Planner, Tom. Scott, City Attorney, Jim Robinette,. Community Development Director, Robert Erickson, City Administrator, Daryl Morey,_ Assistant Community Development Director and Mira Holliday, Recording Secretary. 90.60 Motion was made by Steigerwait, seconded by Miller to approve the minutes of the April. 5, 1990 meeting. Roll call. was taken on .the.. motion. Ayes: Unanimous. The public hearing to consider the application of Flagstaff Development, Inca. for the preliminary plat. of 212 single family lots to be known as Country Pond South was opened. The City Attorney attested that all legal notices had been duly published and mailed. Alan Brixius gavea review of the preliminary plat, outlining the planning report of 3/13/90. He stated the plat .consists of 212. single family lots and threeoutlots on a total of 89.2 acres. He stated the subdivision is to be constructed in phases. He also discussed the following: - Lot sizes (all lots conform to minimum "R-2" lot area and width requirements - Outlots A and B wereestablished due to the. developer's inability to acquire a 4.3 acre. parcel of land which .bisects the subject property's eastern .border. - Flagstaff .Avenue as major. collector. - .Easements - Grading, drainage and erosion control (Natural Resources Committee recommended that no grading permits be issued ' until final. grading plans aresubmitted to them, the Dakota County Soil and Water Conservation District and the City Engineer for approval)., - Park and Recreation Committee recommendation of a cash contribution. Mr. Brixius stated the that staff recommended approval of the preliminary plat subject to the following conditions: PLANNING COMMISSION MEETING MINUTES. APRIL 19, 1990 PAGE 2 1. 173rd Street., the unnamed street which lies to the south, and the .southerly extension of Gage Avenue-are provided temporary cul-de-sacs in accordance. with the provisions of the City's Subdivision Ordinance. 2. The Park and Recreation Committee determine whether an eight foot wide MPTW should be provided along Flagstaff Avenue. 3. Five foot wide sidewalks .are provided on both sides of the subdivision's bisecting minor collector street, 4. The submitted utility plan is subject to the review and approval of the City Engineer. 5. The submitted grading, drainage and erosion. control plan is reviewed and approved by the City Engineer. 6. The park dedication requirement as determined by the Park and Recreation Committee be satisfied. 7. Area to be brought into the Comprehensive Plan's Year 2000 Urban Service Area. Mr. Bill Mauer of Probe Engineering was present to answer questions of the public or Commission. • Gerry Bedeaux of Flagstaff Avenue expressed his concern over a gas line in the area. Merl .Christiansen of Franchise Way questioned the timing of Phase I and the type and price range of the houses to be built. Mr. Mauer responded. Mr. Christiansen also expressed his concern over access to Dodd Blvd . He stated he felt the traffic issue had not been researched properly. Several other residents also expressed concern over the traffic on Flagstaff Avenue. Nancy McDunn of Franchise Way expressed concern over water problems in the lower area of Dodd Park. Mr. Mauer responded saying a hydrology study had been conducted and a pond will be .created to eliminate. the problem. Mike Tackbury expressed concern that no park is being planned..- The Commission held a discussion which included: - Building pad size - Traffic issues Street lighting and sidewalks along Foilage Ave. Park requirements (Park and Recreation Committee. to be advised that the. Planning Commission desires more information concerning park dedication) PLANNING COMMISSION MEETING MINUTES APRIL 19, 1990 PAGE. 3 - Ponding.area in Block 9 _ - House pad elevation The Commission directed staff to further. review the following: 1. The extension of 173rd Street to Flagstaff .Avenue. 2. The park issue. 3. House sizes and costs. 4. Storm sewer. 5. Traffis flow and directional routing. Whittingham asked that staff have the City Engineer review the plat again. Bob Erickson stated that an EAW for the ' project had originally been discussed but it was determined that one was not necessary. He also stated that staff would review the issues of concern and return to the Commission. with resolutions. 90.61 Motion was made by Miller, seconded by Whitehouse to continue .the public .hearing to consider the application`of Flagstaff Development, Inc. for the preliminary plat of 212 single family lots to be known as County Pond South until the May 3, 1990 meeting. Rohl call was taken on the motion. Ayes: Unanimous.- The public hearing to consider the application of Duane Voas for a conditional use permit to allow the construction of a garage on a non-conforming single family residential lot located at 20865 Holiday Avenue was opened. The :City Attorney attested that all legal notices .had been duly published and mailed. Daryl Morey gave a review of the application and planning report of 4/13/90. He stated that the Voas' house and existing garage were constructed approximately 35-40 yearn ago and that the houses on either side were constructed at about the same time. He stated the Voas'. lot, at 70 feet in width. and 10,500 square feet in area, is non-conforming with R-2 District requirements. The house and .garage were constructed before the existing. ordinance requirements were established, thereforethe lot and structures are non-conforming and any building expansion or improvements must conform to the requirements of Section 8, ' Non-conforming Buildings, Structures and. Uses, of the Zoning Ordinance. He went on to state that Section. 8.2.5 allows non-conforming single family. dwelling units to be expanded to improve livability as a conditional use as regulated by Section 4 of the Zoning Ordinance, provided the non-conformity is not increased. PLANNING COMMISSION MEETING MINUTES APRIL 19, 1990 PAGE 4 Mr. Morey explained that the Voas' construction plans .will improve the livability of the existing house by replacing an -old, one car garage with a new, attached two car garage. It wild also reduce the non-conformity of the existing garage setback. Mr. Morey recommended approval of the application .subject to thefollowing conditions: 1. Tha exterior building. materials for the proposed porch and garage are of the same or similar quality and color. as those of the existing house.. 2. The proposed porch. and garage be constructed in accordance with the. Certificate of.Survey dated April 12, 19.90. 3. The height of the proposed porch and garage meet Zoning Ordinance requirements. 4. The existing. garage be removed prior to the issuance of a Certificate. of Occupancy for the proposed .porch and garage. Mr. and Mrs. Voas were present to answer questions-of the Commission and public. Mr. Voas requested that staff consider in the future rezoning his property R-3, as it appears to resemble the adjacent R-3 area more so than .the R-2. He stated he had no problems with the recommendations in the planning report. The Commission felt that this was a positive step and the only additional recommendation made was that the driveway. be hard surfaced. There was no public comment. .:90.62 Motion was made by Steigerwalt, seconded by Holberg to close the public hearing. Roll call was taken on the motion. Ayes:. Unanimous... 90.63 Motion was made by Whitehouse, seconded by Miller to approve the application of Duane Voas for a conditional use permit to allow the construction of a garage on anon-conforming .single family residential lot located at 20865-Holiday Avenue with the addition of recommendation number 5, that the .driveway. be hard surfaced, and subject to the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. PLANNING COMMISSION MEETING MINUTES APRIL 19, 1990. PAGE 5 The public hearing to consider the application of Dean Ekegren fora conditional use permit to allow the construction of a garage on anon-conforming single family residential lot located at 9982 199th Street. was opened. The City .Attorney'. attested that all legal notices had been duly published and mailed. Daryl Morey reviewed the: application and planning report of 4/13/90. He stated that the report should read three car :garage. instead of two car garage.. He stated that. the property is zoned R-2, Single Family Residential but that it falls.-within the,Shoreland Overlay Distrctfor Lake Marione. He went on to state that the houses. in the. area were constructed many years ago. There is no record of a building .permit for the Ekegren house. He stated the lot was platted and the house and garage.were constructed before .the existing Ordinance requirements were established.. Therefore, the lot and .structures.. are non-conforming and any building expansion or improvements must conform to the requirements of .Section 8, Non-conforming buildings; Structures and Uses, of the Zoning Ordinance. Section .8:2.5 • allows non-conforming single family dwelling units to be expanded to improve livability as a conditional. use as .regulated by Section 4 of the Zoning Ordinance provided the .non-conformity isnot increased. Mr, Moneystatedthat the non-conformity of the garage. .setback is not to be increase but will be reduced. on the -east side of the property He stated .the Ekegren construction plans will improve the livability of the: existing house and will reduce the non-conformity of the existing garage setback. He recommended approval of the request subject to the..following conditions: 1. The exterior building materials for the proposed garage are of the same"or similar quality and color as those `of the existing house. 2. The proposed garage be constructed in accordance..wth the Certificate of Survey dated August 15, 1983. 3. The height of the proposed garage meets-Zoning Ordinance .requirements. 4. The existing garage be removed prior to the issuance: of a building permit for the proposed garage. • Mr. Ekegren was present and stated his neighbors' garages. are the same distance as his proposed garage. He stated he agrees with all the recommendations. PLANNING COMMISSION MEETING MINUTES APRIL 19,, 199-0 PAGE 6 There was no publis comment. The Commission held a discussion andfelt that the request was a good idea.. The only. additional recommendation was that the driveway be hard surfaced. 90.64 Motion was made by Miller, seconded by Steigerwalt to close _ the public hearing. Roll call was. taken on the motion. Ayes: Unanimous. 90.65 Motion was made by Steigerwalt, seconded by Miller to recommend approval. of the application of Dean Ekegren for a .conditional use permit to allow the construction of a garage on anon-conforming single family residential lot located at 9982 199th Street subject to the recommendations in the planning report of 4/13/90 with the addition of recommendation number 5, that the driveway be hard surfaced,.. and subject to the ffindings of fact. .Roll call was taken on the motion. Ayes: ..Unanimous. • The public hearing to consider the .application of Fred Fredrickson .fora rezoning from R-2, Single. Family Residential District to PUD, Planned. Unit Development was opened. The City Attorney attested. that all legal notices had been duly published .and mailed. Alan Brixius explained to the Commission that Mr,. Fredrickson will need to submit additional information and a revised site plan and that the public .hearing should be .continued 'for this reason. He went on to describe the request and. review the planning report of 4/13/90: He stated that the current use of the excavatingbusiness exists as a non-conforming use within an R-2 District, which is the property's existing zoning. He stated that Mr Fredrickson wishes to expand his operation and. maintain one of the single family homes. for residential use. The proposed rezoning from R-2 to PUD is .being sought to address a non-conforming use. situation given. the existing zoning and also to accommodate a mix of uses (industrial and-single family residential) upon a single property.. He went on to discuss the following: - Criteria. for determining the acceptability ofthe rezoning. Setbacks Parking. - Circulation - Outside storage - Grading and drainage i PLANNING COMMISSION MEETING MINUTES APRIL 19, 1990 PAGE 7 - Building Materials - Landscaping - Utilities - Trash facilities Mr. Brixius stated that he would recommend approval subject to the successful submission of a revised site plan as outlined in the planning report and revised development plans successfully addressing the conditions also listed in the planning report. Mr. Fredrickson. was present and stated that everything on the property would stay basically the same except for the single. family home becoming an office and the construction of an additional storage building. • The Commission held a discussion which included: - Additional screening from the .nearby cemetery and Holyoke Avenue. - Storage. • 90.66 Motion was made by Miller, seconded by Whitehouse to continue the public hearing to .consider the. application of Fred Fredrickson for a rezoning from R-2, Single Family Residential District to PUD, Planned Unit Development. Roll call was taken on the motion. Ayes: Unanimous. .Alan Brixius gave a review of .the final plat of Shady..Oaks Shores 3rd .Addition, outlining the planning .report of- 4/5/90. He stated that the 3rd Addition represents the third phase of the multi-phased Shady. Oak Shores development, which will ultimately include a mixture of single family and two commercial lots when complete. He stated .that the 3rd Addition consists of 26 single family lots located within an R-2, Single Family Residential Boning District. He went on to state that the final plat had been • found to be identical: to the approved preliminary plat in both lot layout nd street configuration. Mr. Brixius stated he recommended approval of the final plat subject to the following recommendations: 1. A temporary cut-de-sac is provided at the .western termination of 171st Street until the street can be extended westward in future phases of the subdivision. 2. Concrete sidewalks are provided on both sides ,of Glencoe .Avenue, a_designated minor collector street. • PLANNING COMMISSION MEETING MINUTES APRIL 19, 1990. PAGE 8 3. The utilities, grading and drainage plans are subject to the review and comment of the City Engineer. 4. The final plat is reviewed by the Park and Recreation Committee and a'park dedication is determined. 5. A minor Comprehensive Plan amendment isapproved bringing the subject property into. the Year .2000 Urban Service Area. Al Herrmann was present and stated he was in agreement with the recommendations of .the planning report. The Planning. Commission had no recommendations. 90.67 Motion was made by Holberg, seconded by Miller to recommend approval of the final plat of Shady Oak Shores 3rd Addition subject to the recommendations in the planning report of 4/5/90 and the engineering report of 4/2/90. Roll call was taken on the motion.. Ayes: Unanimous. . The public hearing to consider .the application of the City of Lakeville for an amendment to Section 11.3 of Ordinance 167 (the Zoning Ordinance of the City of Lakeville) pertaining to building height .requirements was opened. The City Attorney attested that all legal notices had been duly published. Daryl Morey gave a review of the application, outlining the planning report of 4/12/90. He stated this amendment would modify the existing building height requirements in residential, business and industrial districts.. He stated the Building Inspection Department believes that thereexist a number of two ..story walkouts in the City that exceed the current 25 foot maximum. building height requirement. And since the two story walkout is a common design, there likely will be many more constructed in the future. Mr. Morey reviewed the draft ordinance amending the section of tfie Zoning Ordinance pertaining to building height.. He called attention to a memorandum from David Licht. of NAC commenting on single family residential building heights. Mr.-Licht noted that, given current housing designs, it is common for houses to exceed 25 feet in height. He also .noted that it is preferable to handle the increased building heights administratively. He further recommended that 35 . ~ feet be the maximum building height allowed without a conditional use permit in single family residential districts. Mr. Morey recommended approval of the amendment, PLANNING COMMLSSION MEETING MINUTES APRIL 19, 1990 PAGE 9 The Commission held a brief discussion. Whitehouse felt staff should conduct further review of the setback requirements in Section 11.3(4d) of the Zoning Ordinance. There was no public. comment. 90.68 "Motion was made by Miller, seconded. by Holberg to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.69 Motion was made by Miller, seconded by Whitehouse to ' recommend approval of the application of the City of Lakeville for an amendment to Section 11.3 of Ordinance 167, (the Zoning Ordinance of the City of Lakeville) pertaining to building height requirements subject to the planning report of 4/12/90 and the letter from David Licht of NAC dated 3/6/90.: Roll call was taken on the motion. Ayes: Unanimous. • The public hearing to consider the application of the City of Lakeville for an amendment to Section 12.4.8 of Ordinance 167 (the Zoning Ordinance of the City of Lakeville) pertaining to curb cut accesses for single family uses was opened. The City Attorney attested that all legal notices had been duly published.. Staff. requested that this item be tabled for further review. 90.70 Motion was. made by Miller, seconded by Holberg to continue the public hearing to consider the application of the City of Lakeville for an amendment to Section 12.4.8 of Ordinance 167 (the Zoning Ordinance of the City of Lakeville) • pertaining to-,curb .cut accesses for single family uses. Roll call was taken on the motion. Ayes: Unanimous. Under other business, Robert Erickson, City Administrator reviewed the .proposed ampitheater issue. He explained the reasons for procedures that are being followed. He-stated that the Planning Commission. could expect to see the proposal-at a public meeting to be held'the second week in May. He gave the Commission opportunity to ask questions. He also reminded the Commission of the upcoming committee/commission workshop to be held. May 5, 1990 at City Hall. Chairperson Whttngham briefly reviewed a memorandum to the Planning Commission from Bob Erickson, City Administrator, regarding the cancellation of the July 5, September 6 and } PLANNING COMMISSION MEETING MINUTES APRIL 19, 1990 PAGE 10 December 20, 1990 meetings due to the close proximity of holidays. 90.71 Motion was made by Steigerwalt, seconded by Holberg., to cancel the July 5 September 6 and. December 20, 1990 Planning Commission meetings. Roll call was taken on the motion, 90.72 Motion was made by Holberg.,.seconded by Steigerwalt to adjourn themeetng.. Voice vote was taken on the motion. .Time: 10:00 p.m. Respectfully submitted:: Mira Holliday, ecordng cretary ATTEST: Ja Whittingham, Chair erson