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HomeMy WebLinkAbout05-24-12CITY OF LAKEVILLE Planning Commission Meeting Minutes MAY 24, 2012 The May 24, 2012 Planning Commission meeting was called to order by Chair Lillehei in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Chair Lillehei Vice Chair Boerschel Commissioner Drotning Commissioner Grenz Commissioner Maguire Commissioner Reuvers Ex- officio Fitzhenry Absent Commissioner Davis Staff Present Daryl Morey, Planning Director; Steve Michaud, Parks and Recreation Director; Frank Dempsey, Associate Planner; Daniel Licht, The Planning Company; Roger Knutson, City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The May 3, 2012 Planning Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated that due to Commissioner Davis being unable to attend tonight's meeting, he has submitted his comments regarding Agenda Item 6, Park Dedication Fees, via an e -mail, which were distributed to the Planning Commission to be included in the official record for tonight's meeting. ITEM 5. DAVID AND LINDA COLLINS Chair Lillehei opened the public hearing to consider the application of David and Linda Collins for a conditional use permit amendment to allow an addition to a single family home with an existing non - conforming front yard setback within the Shoreland Overlay District of Crystal Lake, located at 9845 Oak Shore Drive. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Planning Commission Meeting May 24, 2012 David Collins and his architect Ray Miller were in attendance at tonight's meeting. Mr. Miller presented an overview of the request. Mr. Miller commented on the impervious surface area and explained what the applicant would be doing to get the impervious surface area down to 25 %. Associate Planner Frank Dempsey presented the pl annin g report. Mr. Dempsey stated that the applicant is proposing to construct a 176 square foot living area addition to the north side of their house over what is currently a patio area of impervious brick pavers. He indicated that the conditional use permit amendment requires the identification and elimination of zoning non - conformities where practical. Mr. Dempsey indicated that the proposed new construction and site improvements under this conditional use permit amendment will meet all setback requirements and will result in an overall decrease in the existing non - conformities. Mr. Dempsey presented a brief description of the non - conformities and how they will be eliminated or reduced according to the proposed plans. He commented that if the non - conformities were taken care of prior to a building permit being issued, the applicant would not need to submit a $1,000 security as stated in stipulation 3. Mr. Dempsey stated that Planning Department staff recommends approval of the Collins conditional use permit amendment, subject to the 4 stipulations listed in the May 18, 2012 planning report. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. 12.32 Motion was made and seconded to close the public hearing at 6:12 p.m. Ayes: Maguire, Boerschel, Lillehei, Reuvers, Grenz, Drotning. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. • The Planning Commission appreciated that most of the non - conformities were being removed or reduced with this conditional use permit amendment. If this was a conforming use there would be no need for a conditional use permit amendment and it would be approved administratively. • For the benefit of the audience Commissioner Grenz asked that an explanation of pervious and impervious be given. Mr. Dempsey explained the difference between pervious and impervious surfaces. 12.33 Motion was made and seconded to recommend to City Council approval of the David and Linda Collins conditional use permit amendment to allow an addition to a single K Planning Commission Meeting May 24, 2012 family home with an existing non - conforming front yard setback within the Shoreland Overlay District of Crystal Lake, located at 9845 Oak Shore Drive, subject to the following 4 stipulations: 1. The house and site improvements shall be constructed as shown on the plans approved by the City Council. 2. The total impervious surface area of the property shall not exceed 25 %. 3. A financial security of $1,000 shall be submitted prior to the issuance of a building permit to guarantee the following: a) Removal of the accessory building from the property. b) Removal of impervious pavers to achieve a maximum impervious surface area of 25 %. c) Installation of the pervious pavers in accordance with the approved plans. d) Removal or relocation of the kennel to a location in compliance with setback requirements. 4. A building permit shall be required prior to commencing any construction on the property. Ayes: Boerschel, Lillehei, Reuvers, Grenz, Drotning, Maguire. Nays: 0 ITEM 6. CITY OF LAKEVILLE Chair Lillehei opened the public hearing to consider an ordinance amending Title 10 of the Lakeville City Code (the Subdivision Ordinance) concerning park dedication fees. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Parks and Recreation Director Steve Michaud stated that he updates the Lakeville Parks, Trails and Open Space Plan approximately every five years, which requires review by the Parks, Recreation and Natural Resources Committee and the Planning Commission as an amendment to the City's Comprehensive Plan. He indicated that the next Plan update is currently underway and will be forwarded to the Planning Commission in the next couple of months. Mr. Michaud stated that the City has received a formal challenge to the park dedication fee component of the Subdivision Ordinance and by State Statute the City needs to respond to this action. He indicated that City staff has been diligently researching various options to address this issue and have prepared a detailed report which Dan Licht of TPC will present to the Planning Commission. 3 Planning Commission Meeting May 24, 2012 Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that a review of the park dedication requirements applicable to new subdivisions has been initiated due to Shamrock Development Inc. disputing the park dedication fee in lieu of land for Crescent Ridge 2nd Addition. He indicated that the park dedication requirements are being reviewed to ensure consistency with requirements established in State Statute. Mr. Licht reviewed the State Statute, the City's current dedication requirements, the Community Survey contained in the planning report, projected growth, the Parks, Trails and Open Space Plan, which was last updated in 2006, the proposed land dedication requirements, the proposed cash fee in lieu of land dedication, including various options to determine the method for establishing property value, and requirements for specialized housing, all of which are explained in detail in the May 15, 2012 planning report. Mr. Licht stated that City staff recommends approval of the Subdivision Ordinance amendment to modify the land dedication requirements for new subdivisions and recommends adjusting the park dedication fees as outlined in the May 15, 2012 planning report. Mr. Michaud stated that the proposed ordinance amendment is very well thought out. He indicated that the current Parks, Trails and Open Space Plan states that there should be a neighborhood park every 3 /4 to one mile in developed areas. He explained the evolution of the parks system over the past 35 years. Mr. Michaud stated that many of these parks were constructed through park dedication as the city was developing and demand for parks was increasing. Mr. Michaud stated that there have been two bond referendums in the past 30 years which helped develop major athletic complexes, which the park dedication does not cover. He stressed that the City's development of the park system must keep pace with growth and demand. He feels that development of the park system has been by a conservative approach and the City has done very well with the capital expenditures and development of the park and trail system through millions of dollars' worth of grants and with the efficient administration of the system. Chair Lillehei opened the hearing to the public for comment. He explained that the Planning Commission's purview is to recommend a process to the City Council that is reasonable in doing two things: 1) assessing what percentage of property should be dedicated when there is a subdivision of land, and 2) the value of that land when there is a cash contribution in lieu of a land dedication. Michael Smith, 9566 170 Court, Active board member of the Lakeville Outdoor Sports Association (LOSA) and Jason Mahlman, 20584 Hartford Way, Commissioner of the Lakeville Football Association 0 Planning Commission Meeting May 24, 2012 Mr. Smith introduced the others that he would be representing at tonight's meeting. C.J. Harrison from the Soccer Club, Jeff Taylor, the Lacrosse Association, Dan Brettschneider, the adult league, and the softball teams are also represented. Mr. Smith and Mr. Mahlman presented a PowerPoint summarizing the following: What their organization does; why they are part of Steve Michaud's "team "; the number of their volunteers, the number of players and practices that take place on City park facilities and school district fields; examples of how the fields are being used; where the growth is and where do we go from here. Mr. Mahlman commented that they work with the Parks and Recreation Department to maintain and improve the facilities to attract tournaments to the city. He stated that they do not want to take a step backwards with a reduction in the park dedication fee. They indicated that the athletic fields are busy from April through October, with some fields experiencing over use due to a shortage of facilities. Mr. Mahlman stressed that they were not here tonight to ask for another sports complex, rather they would just like to keep pace with the current levels of activity. Chair Lillehei asked Mr. Smith and Mr. Mahlman what LOSA's position is with the proposed park dedication fee reduction. Mr. Smith commented that they have focused most of their attention on working with Mr. Michaud to maintain current levels and have not spent that much time on the proposed numbers. Mr. Mahlman's concern was where the reduction in funds will be made up. Chair Lillehei clarified that the current park dedication is 10 percent of the land. Based on the proposal being considered at tonight's meeting it would be amended to 12 percent of the land for single family subdivisions. Then the value of that land is considered if there is a cash contribution in lieu of a land dedication. That represents the recommendation that will be forwarded to the City Council. Chair Lillehei indicated that Mr. Michaud has spoken very favorable of LOSA in the past. Del Stein, 20641 Hampshire Way Mr. Stein indicated that he moved to Lakeville nine years ago. The Lakeville parks and trail system impressed him and his wife very much and was a big part of their decision to move to Lakeville. He feels that the leaders of this community have definitely planned into the future. He stated that he can virtually ride his bike anywhere in the City and wants to be able to continue doing that. 5 Planning Commission Meeting May 24, 2012 Todd Bornhauser, Executive Director, Chamber of Commerce Mr. Bornhauser acknowledged Mr. Michaud and his staff for the great park system that has been established in Lakeville. He commented that it's great for tourism when the City hosts various sports tournaments and developing the park system is a great selling point to prospective new residents. Mr. Bornhauser commented that what is being considered tonight is the cost of land and the park dedication fee that it is based on, which over the years has been adjusted accordingly. He stated that many home developers have gone bankrupt with the tough economic times and the drop in the cost of land. He also felt that the kind of parks, whether they will be sport complexes or neighborhood parks, needs to be addressed. He further mentioned the cost of on -going maintenance of the park facilities, which is not covered by the park dedication fees, to the taxpayers. He stated that the Chamber of Commerce is in support of our park system. Chair Lillehei asked Mr. Bornhauser if the Chamber has a recommendation as to how to assess the value of property being subdivided. Mr. Bornhauser indicated that is a very difficult question to answer. Some of the Chamber members who are in the development business would say that it should be based on the cost of land today. Commissioner Boerschel felt that the City is being responsive by reducing the residential land value for the purpose of establishing the park dedication fee by 38 percent. Mr. Bornhauser felt that the cost of land is lower than the County Assessor's market value. Robert Swan, 16675 Lakeview Ct Mr. Swan is a member of the Parks, Recreation and Natural Resources Committee, but tonight he is speaking as a Lakeville resident. He asked that the Planning Commission not reduce the park dedication fee. He indicated that the park dedication fee has always been in the middle when compared to other cities. He feels the fees need to be looked at from the broader perspective that what's happening now with land values is just a minor dip if one looks at the overall history of land values. He indicated that the Planning Commission needs to listen to the majority of its citizens, not just the business people. Wally Potter, 10691 202nd Street W. Mr. Potter lives adjacent to the Juno trail that runs along the west side of Lake Marion. This trail is one of the most highly used trails in Lakeville. Without a doubt he feels that a very high percentage of people moved to Lakeville because of the trail system. He reasoned that five or six years ago the park dedication fees were probably too low. He hopes that the Planning Commission votes against the park dedication fee reduction. Planning Commission Meeting May 24, 2012 12.34 Motion was made and seconded to close the public hearing at 7:17 p.m. Ayes: Lillehei, Reuvers, Grenz, Drotning, Maguire, Boerschel. Nays: 0 Chair Lillehei wanted to thank everyone for their passionate comments tonight. They are appreciated. Per Commissioner Davis' request, the following are Commissioner Davis' e- mailed comments regarding this agenda item: "Mr. Michaud, Mr. Licht, Parks Committee, Economic Development Committee and City Staff have exhaustively reviewed Lakeville's Park Dedication Fee structure as well as those in neighboring communities. The staff report was a clear and concise summary of the options to ensure that Lakeville's Park Dedication Fee structure reflect the current market conditions without jeopardizing the long -term vision required for Lakeville to continue Mr. Michaud's vision of a best -in -class park system. Lakeville's park system is best - in -class and is a valuable asset to our community." "Unfortunately, I see how the current Park Dedication fee structure might put pressure on the development community to remain competitive in today's market. However, it is incumbent on us to avoid knee jerk reactions to short - term pressures of the market." "I agree with staff's recommendation to adjust the Park Dedication Fee Structure while maintaining Lakeville's ability to review on an annual basis and adjust the Park Dedication Fee Structure to reflect market condition fluctuations. If I was present, I would vote aye to staff's recommendation." Chair Lillehei asked for comments from the Planning Commission. • The Planning Commission feels our park system is excellent and that staff has done an exceptional job of finding cost effective ways to build the park system. • The Planning Commission stressed that the existing park dedication is not enough to fully build out the park system recommended in the current Parks, Recreation and Open Space Plan. • Mr. Michaud stated that the City of Lakeville has never adjusted the park dedication fee to the peak level of land values. The City has tried to keep the park dedication fee competitive with surrounding communities. ri Planning Commission Meeting May 24, 2012 • The park dedication fees are an important component of growing our park system. It is the method to pay for the park system as opposed to raising taxes. • The Planning Commission must make a recommendation consistent with State Statutes. • The Planning Commission felt comfortable recommending the land dedication percentages presented at tonight's meeting. • The Planning Commission had a discussion regarding whether the park dedication fee reduction should be retroactive to the date of the Shamrock Development request. Commissioner Grenz felt that perhaps other developers will try to be reimbursed for the park dedication they paid previously. City Attorney Roger Knutson stated that this cannot happen per State Statute since those developers did not make a formal request such as the one made by Shamrock Development. • The entire Planning Commission commended Mr. Michaud for his outstanding efforts over the years to build and support the park and trail system. 12.35 Motion was made and seconded to recommend to City Council approval of an amendment to the Subdivision Ordinance concerning park dedication as presented. Ayes: Reuvers, Drotning, Maguire, Boerschel, Lillehei. Nays: Grenz: Commissioner Grenz reluctantly supports the proposed park dedication fees, but not the process. Chair Lillehei commented that the proposed park dedication formula is very sound and he applauds the City staff that put this formula together. He felt that this formula will be looked at by other cities as a base for their park dedication fees. Mr. Michaud commented that his decision to retire is a very emotional one. He wanted to thank the Commissioners for all their support over the years. He felt that if the City doesn't keep good people on the Commissions, people that can fairly weigh these types of decisions, that things could tumble downhill quickly, as has happened in other cities, and the City will not move forward in the future. Mr. Morey also wanted to recognize Finance Director Dennis Feller and City Administrative Steve Mielke, in addition to Mr. Michaud, Mr. Knutson and Mr. Licht, for their tireless work on the park dedication fee study. ITEM 7. CITY OF LAKEVILLE Chair Lillehei opened the public hearing to consider an amendment to Title 11 (the Zoning Ordinance), Chapters 57, 58 and 59 concerning design and construction Planning Commission Meeting May 24, 2012 standards in the RST -2, RM -1, and RM -2 zoning districts. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mr. Licht presented the pl annin g report. Mr. Licht stated that since the 2010 update of the Zoning and Subdivision Ordinances were adopted by the City Council, City staff has identified sections of the Zoning Ordinance that need to be revised to clarify the intent of the regulations. In addition, the City has received input from other stakeholders including developers, brokers and property owners as part of the development forum process. Mr. Licht stated that one area that was discussed at the April 19, 2012 Planning Commission work session was exterior material requirements for detached and attached townhouse uses in the RST -2, RM -1 and RM -2 Zoning Districts. Discussion focused on the requirements for a minimum 25 percent brick, stone or stucco on each exterior facade. He indicated that the consensus of the Planning Commission was that cement fiberboard type materials would be appropriately durable exterior material in place of brick, stone or stucco on any facade not considered the front provided that the anti- monotony intent of the current standards can be maintained. Mr. Licht stated that City staff recommends approval of the proposed Zoning Ordinance amendment as presented in the May 11, 2012 planning report. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. 12.36 Motion was made and seconded to close the public hearing at 7:58 p.m. Ayes: Grenz, Drotning, Maguire, Boerschel, Lillehei, Reuvers. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. • The Planning Commissioners felt that this ordinance amendment is responsive to concerns raised by townhouse builders and developers while keeping with the spirit and intent of the townhouse design and construction standards. 12.37 Motion was made and seconded to recommend to City Council approval of the proposed Zoning Ordinance amendment, including Chapters 57, 58, and 59 concerning design and construction standards in the RST -2, RM -1, and RM -2 zoning districts, as presented. Ayes: Drotning, Maguire, Boerschel, Lillehei, Reuvers, Grenz. 9 Planning Commission Meeting May 24, 2012 Nays: 0 The next Planning Commission meeting will be held on June 7, 2012. There being no further business, the meeting was adjourned at 8:00 p.m. Respectfully submitted, Penny Bre Recording Secre ATTEST: I i.2.cJ Brooks Lillehei, Chair 10