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HomeMy WebLinkAbout11-18-10CITY OF LAKEVILLE Planning Commission Meeting Minutes November 18, 2010 The November 18, 2010 Planning Commission meeting was called to order by Vice Chair Lillehei in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Vice Chair Ldlehei Secretary Adler Commissioner Glad Commissioner Maguire Ex- officio Bussler Absent: Chair Davis, Commissioner Drotning, Commissioner Grenz Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The October 21, 2010 Planning Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated that the following items were distributed to the Planning Commissioners at tonight's meeting: 1. E -mail from Sherry and Sam Hauck expressing their concerns regarding the Johnson conditional use permit (Agenda item #6). 2. Copy of a proposed driveway agreement between the applicant and Sherry and Sam Hauck (Agenda Item #6). Mr. Morey commented that under Staff Notices (Agenda Item #9) he will want to discuss the December Planning Commission meetings. ITEM 5. RICHARD NORDLING (TABLED AT THE OCTOBER 21, 2010 PLANNING COMMISSION MEETING) Vice Chair Lillehei opened the public hearing to consider the request of Richard Nordling for a Zoning Map amendment to rezone property from RA, Rural/ Agricultural District to A -P, Agricultural Preserve District, located at 7029 - Planning Commission Meeting November 18, 2010 Page 2 190th Street. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mr. Nordling presented an overview of his proposal. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that staff recommended tabling this agenda item at the October 21, 2010 Planning Commission meeting because staff needed additional time to further evaluate what impact bringing the property into the Agricultural Preserve District would have on the future construction of CSAH 60 east of Cedar Avenue as identified on Dakota County's East -West Corridor Study. He indicated that City staff and Dakota County staff recommend excluding the east 100 feet of the property from the rezoning to allow the potential future road right -of -way to be centered on the east property line consistent with the alignment shown on the Dakota County and City of Lakeville transportation plans. Mr. Dempsey stated that Planning Department staff recommends approval of the rezoning of approximately 44 acres of Mr. Nordling's property from RA, Rural Agricultural District to A -P, Agricultural Preserve District, as presented, and adoption of the Findings of Fact dated November 18, 2010. Vice Chair Lillehei opened the hearing to the public for comment. Chuck Traxler, 7190190 St. Mr. Traxler supports Mr. Nordling's proposal. He feels Mr. Nordling should be able to do whatever he wants with his property and hopes the city approves his proposal. 10.53 Motion was made and seconded to close the public hearing at 6:10 p.m. Ayes: Glad, Maguire, Lillehei, Adler. Nays: 0 Vice Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Commissioner Glad expressed the Planning Commission's appreciation to the applicant for working with City staff and compromising to allow this rezoning to move forward. • Vice Chair Lillehei questioned if staff and the applicant discussed rezoning the portion of Mr. Nordling's property up to the future realignment of County Road 60. Mr. Dempsey indicated that this was discussed, but Mr. Planning Commission Meeting November 18, 2010 Page 3 Nordling indicated that he wants to keep the rezoning square or rectangular in shape and is satisfied with the rezoning area as proposed. • Mr. Dempsey explained the process of how property can be removed from the agricultural preserves program. He clarified that the only requirement for property to be re -zoned A -P, Agricultural Preserve District is that it must be at least 40 acres in size. 10.54 Motion was made and seconded to recommend to City Council approval of the Richard Nordling rezoning of approximately 44 acres of his property from RA, Rural Agricultural District to A -P, Agricultural Preserve District, as presented, and adoption of the Findings of Fact dated November 18, 2010. Ayes: Maguire, Lillehei, Adler, Glad. Nays: 0 ITEM 6. TOVE JOHNSON Vice Chair Lillehei opened the public hearing to consider a Conditional Use Permit to allow the following, located at 8229 - 190tII Street: A. A commercial horse stable in the RA District. B. More than one horse per acre on a 10 acre lot. C. More than one detached accessory building with a combined area greater than 8,712 square feet in the RA District. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Ms. Tove Johnson, sister of property owner Bjorn Vogen, presented an overview of her application, including background information on the property and her plans for the property. Ms. Johnson referred to Stipulation 10 in the planning report and indicated that the fire truck is now gone. Stipulation 10 also refers to a semi - trailer that shall be removed by December 31, 2010. She is requesting that this be allowed to stay until the proposed pole barn is built as they are using the semi - trailer for the shavings which will eventually be stored in the pole barn. Ms. Johnson stated that she met with Sherry Hauck (8200 - 190 Street) and feels that they have come up with an agreement regarding the driveway concerns. Ms. Johnson understands her neighbors' concerns and wants to be a good neighbor. She indicated that a lot of time and effort has been put into her proposal and thanked the Planning Commission for their consideration. Planning Commission Meeting November 18, 2010 Page 4 Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Planning Department staff recommends approval of the Tove Johnson conditional use permit subject to the 16 stipulations listed in the November 10, 2010 planning report, and adoption of the Findings of Fact dated November 18, 2010. Vice Chair Lillehei opened the hearing to the public for comment. Andrew Abeln, 24705 Blaine Avenue Mr. Abeln is one of Ms. Johnson's horse trainers and is a resident of Farmington. He indicated that he has trained horses his whole life and went to college for horse training and horse management. He supports Ms. Johnson's application. 10.55 Motion was made and seconded to close the public hearing at 6:45 p.m. Ayes: Lillehei, Adler, Glad, Maguire. Nays: 0 Vice Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • There was discussion regarding the driveway agreement between the applicant and the Haucks. Mr. Morey stated that an additional sentence could be added to Stipulation 12 of the planning report to reference the proposed driveway relocation subject to staff review. • Mr. Morey stated that leaving the semi - trailer on the property until the proposed pole barn is constructed is acceptable and suggested that Stipulation 10 of the planning report could be amended to require removal of the semi - trailer from the property within 30 days following the issuance of a certificate of occupancy for the pole barn. • An extensive discussion took place regarding the applicant's manure management techniques. Ms. Johnson indicated that in the winter months, they store the manure outside because everything is frozen and there is no foul odor. During the spring and fall, they spread the manure on the adjacent farm fields. The 80 -90 days when the farm fields are growing crops and unavailable for manure spreading they store the manure in dumpsters and have it hauled away. • Pasture management was discussed. Ms. Johnson explained how the horses are rotated between the different pastures so seeding, weeding and rest segments can take place periodically among each of the pasture areas. Not all nine acres of pasture will be in use at any given time. • Vice Chair Lillehei allowed Sherry Hauck to come to the podium to explain her letter that was distributed at tonight's meeting. Ms. Hauck indicated that she and the applicant tried to quickly come up with an agreement for Planning Commission Meeting November 18, 2010 Page 5 their driveways to be off -set so that headlights from vehicles exiting Ms. Johnson s property are not shining directly into her home. They were not able to determine an off -set driveway distance prior to the Planning Commission meeting but she felt that they would be able to reach consensus on an appropriate distance. Ms. Johnson agreed to revise her survey showing the driveway relocation for staff review prior to consideration of her CUP by the City Council. • There was further discussion regarding whether the driveway relocation should be made a stipulation of the Planning Commissions recommendation on this CUP. Commissioner Glad suggested that the entire driveway should meet the five foot setback requirement of the Zoning Ordinance. Mr. Dempsey indicated that it is not unusual to have shared driveways in the rural areas of the City. • Mr. Morey suggested an amendment to Stipulation 5 that the hauling of manure shall occur weekly only during the spring and summer months when spreading the manure on adjacent farm fields is not an available option. 10.56 Motion was made to table this agenda item to a future Planning Commission meeting. There was no second so the motion failed. 10.57 Motion was made and seconded to recommend to City Council approval of the Tove Johnson Conditional Use Permit to allow: A. A commercial horse stable in the RA District, B. More than one horse per acre on a 10 acre lot, and C. More than one detached accessory building with a combined area greater than 8,712 square feet in the RA District, subject to the following stipulations, and adoption of the Findings of Fact dated November 18, 2010: 1. A maximum of 40 horses shall be permitted on the property at any time. 2. The proposed horse barn shall be constructed consistent with the approved plans and shall meet the height and setback requirements of the Zoning Ordinance. The proposed horse barn shall be constructed in the location identified on the revised certificate of survey dated November 9, 2010 prepared by Jacobson Engineers and Surveyors. 3. The proposed horse barn shall be constructed to be compatible with the other buildings on the property, shall be maintained in a manner that is compatible with adjacent residential uses, and shall not present a hazard to the public health, safety and general welfare. 4. Pasture management, manure stockpiling, disposal and insect control shall be to best management practices as recommended by the University of Minnesota Agricultural Extension Service and shall meet all state and county requirements. Planning Commission Meeting November 18, 2010 Page 6 5. Hauling of manure by a certified hauler shall occur weekly during the spring and summer months when manure cannot be spread on adjacent fields. 6. All new electric services shall be placed underground. 7. The handicap accessible satellite toilet shall be kept inside the horse barn as identified on the plans submitted with the application. The satellite toilet shall be maintained and serviced regularly. 8. A building permit is required prior to the construction of any building on the property. Any future accessory buildings on the property other than those approved with this conditional use permit will require a conditional use permit amendment and building permit from the City. 9. A sign permit is required prior to the installation of any signs on the property. 10. The existing semi - trailer shall be removed from the property within 30 days following the issuance of a certificate of occupancy for the proposed pole barn. Licensed or unlicensed semi - trailers shall not be permitted on the property other than for the delivery of materials used for the operation of the horse boarding activity. Semi - trailers on the property shall not be used for the storage of feed, bedding or other materials. 11. Any horse feed or bedding material requiring shelter shall be stored in a building. 12. A shared driveway easement shall be submitted prior to City Council consideration of the conditional use permit. 13. The property or accessory buildings shall not be used for the operation of any commercial business, business storage or parking of commercial vehicles or equipment other than those strictly required for operating the horse boarding facility. 14. The existing house shall only be occupied by a single family and in compliance with the Zoning Ordinance. 15. There shall be no overnight camping allowed on the property, in the barns or any other accessory building on the property. 16. Guest vehicles associated with the commercial stable are not permitted to park on any public street while occupying the subject property. Ayes: Adler, Glad, Lillehei. Nays: Maguire. Commissioner Maguire felt she needed more information in order to make a recommendation on the CUP application. Ex- Officio Bussler excused himself from the meeting at 7:40 p.m. Planning Commission Meeting November 18, 2010 Page 7 ITEM 7. HERTZ LOCAL EDITION Vice Chair Lillehei opened the public hearing to consider an Interim Use Permit to allow outdoor rental of automobiles as an accessory use in the C -3, General Commercial District, located at 16055 Buck Hill Road. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Andy Miller from Hertz Rental presented an overview of their request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Planning Department staff recommends approval of the Hertz Local Edition Interim Use Permit, subject to the one stipulation listed in the November 10, 2010 planning report, and adoption of the Findings of Fact dated November 18, 2010. Vice Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. 10.58 Motion was made and seconded to close the public hearing at 7:45 p.m. Ayes: Glad, Maguire, Lillehei, Adler. Nays: 0 Vice Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Vice Chair Lillehei stated that when this property was developed in 2000, a minimum of 34 parking stalls was required by ordinance. The site was developed with a total of 80 parking stalls. He asked if this site developed today, how many parking stalls would be required. Mr. Dempsey stated he didn't have the exact number but it would be one space for every 200 square feet of floor area. The parking requirement for automobile repair changed after the property was developed. Mr. Dempsey pointed out that there is an undeveloped strip of property to the west that is owned by Crystal Lake Automotive that could be used for parking lot expansion if needed. • Vice Chair Lillehei asked if Crystal Lake Automotive sold the building and a future owner continued to lease to Hertz, would Hertz have to reapply for the interim use permit. Mr. Dempsey stated that a change in land use, not necessarily a change in ownership, would require an amended IUP for Hertz Local Edition to continue to operate and a parking analysis would be completed in conjunction with the amended IUP. Planning Commission Meeting November 18, 2010 Page 8 10.59 Motion was made and seconded to recommend to City Council approval of the Hertz Local Edition Interim Use Permit to allow outdoor rental of automobiles as an accessory use in the C -3, General Commercial District, located at 16055 Buck Hill Road, subject to the following stipulation, and adoption of the Findings of Fact dated November 18,2010: 1. The outdoor car rental interim use permit shall terminate when the Hertz Car Rental office no longer occupies the Crystal Lake Automotive building. Ayes: Maguire, Lillihei, Adler, Glad. Nays: 0 ITEM 9. STAFF NOTICES Mr. Morey stated that because there were no agenda items tabled at tonight's meeting, the December 2, 2010 Planning Commission meeting will be cancelled due to lack of agenda items and the next Planning Commission meeting is scheduled for December 16, 2010. Commissioner Glad asked how long we carry a tabled item (referring to the Belzer CUP that was tabled at the November 19, 2009 Planning Commission meeting). Mr. Morey indicated that the applicant can extend it indefinitely, but City staff has spoken to Mr. Belzer and he will either bring his application forward to the next Planning Commission meeting or withdraw his application. There being no further business, the meeting was adjourned at 7:49p.m. Respectfully submitted, Penny Brevig, Recording SeeT4ary Dated :011/ ATTEST: Brooks Lillehei, Vice Chair Dated % a