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HomeMy WebLinkAbout07-19-12CITY OF LAKEVILLE Planning Commission Meeting Minutes JULY 19, 2012 The July 19, 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 Davis Commissioner Drotning Commissioner Grenz Commissioner Maguire Commissioner Reuvers Absent Ex- officio Fitzhenry Staff Present Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Zach Johnson, City Engineer; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The June 21, 2012 Planning Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated that the following items were distributed at tonight's meeting: 1. Draft minutes from the July 18, 2012 Parks, Recreation and Natural Resources Committee meeting regarding Agenda Item 5, The Haven at Highview preliminary plat. 2. Revised (redlined) amendment to Chapters 23 and 97 of the Zoning Ordinance regarding Agenda Items 6 and 7. Mr. Morey stated that the August 2nd Planning Commission meeting will be cancelled if none of tonight's agenda items are tabled. ITEM 5. THE HAVEN AT HIGHVIEW Chair Lillehei opened the public hearing to consider the application of Youngfield Homes, Inc. for the following, located west of Highview Avenue and north of Homestead Trail: A. Preliminary plat of 33 single family residential lots to be known as The Haven at Highview; and B. Zoning Map amendment to rezone property from RS -2, Planning Commission Meeting July 19, 2012 Single Family Residential District to RS -3, Single Family Residential District. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Bob Wiegert from Paramount Engineering and Joe Miller and Ron Dahlen from Youngfield Homes, Inc. were in attendance at tonight's meeting. Mr. Wiegert presented an overview of the request. Mr. Wiegert stated that there is a large wetland along the north and west side of the site located within proposed Outlot A which will be fully preserved. He indicated that there is a tree line along the west side of the plat that will be fully preserved, a tree line along the south side that will be partially removed to extend Hollyhock Avenue into the plat, and a tree line along Highview Avenue will be removed due to the trees being in the right -of -way. Mr. Wiegert stated that the proposed site is low and a large amount of fill will need to be brought in to accommodate house pads. Mr. Wiegert commented that there have not been very many new single family subdivisions in Lakeville in the last few years so they are very excited to be presenting their project to the Planning Commission tonight. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Youngfield Homes, Inc. has applied for a preliminary plat to allow the development of 33 single family residential lots and rezoning of the property from RS- 2, Single Family Residential District to RS-3, Single Family Residential District. He indicated that the RS -3 District allows for slightly smaller lot areas consistent with the existing single family subdivisions adjacent to the south and east of the subject property. Mr. Dempsey reviewed the proposed buffer yard screening and landscaping, street connections, lot sizes, and the requirement of having enough space on each lot to accommodate a three car garage. He also indicated that the developer must rough grade the trail base and pay their 5 /8ths share of the trail cost for the future construction of the trail on the west side of Highview Avenue, north of 172nd Street, that is adjacent to the proposed plat. He stated that this trail segment will likely be constructed when Highview Avenue in this area is upgraded to an urban section. Mr. Dempsey stated that because of the amount of green space to be deeded to the City as Outlot A, staff is recommending that Stipulation 12 be removed. He indicated that the plat will meet the DNR requirement of impervious surface area without further restricting the eight lots that lie partially within the Shoreland Overlay District to 25% impervious surface. Mr. Dempsey indicated that the Parks, Recreation and Natural Resources Committee reviewed the preliminary plat and recommended a cash contribution to meet the park dedication requirement. The draft motion from their July 18, 2012 meeting was distributed at tonight's meeting. 0: Planning Commission Meeting July 19, 2012 Mr. Dempsey stated that Planning Department staff recommends approval of The Haven at Highview preliminary plat and RS -2 District to RS-3 District rezoning, subject to the 12 stipulations listed in the July 13, 2012 planning report, amended to remove Stipulation 12. Chair Lillehei asked for comments from the Planning Commission. The following items were discussed in detail: • There was concern with northbound traffic on Highview Avenue whereby cars may use the current right lane, which ends at 172nd Street, as a bypass lane when cars are turning left off of Highview Avenue onto 172nd Street into The Haven at Highview development. City Engineer Zach Johnson stated that current traffic volumes do not warrant a left turn lane on Highview Avenue at this time. He added that regulatory signage for northbound traffic, south of 172nd Street, would be an alternative to address traffic safety concerns at this intersection. The same regulatory signage could be installed on southbound Highview Avenue at 172nd Street adjacent to this plat. Mr. Morey stated that the regulatory signage requirement could be incorporated into the development contract and would not have to be added as a stipulation to the planning report. • Commissioner Grenz asked about the cul -de -sac length. Mr. Dempsey indicated that the maximum length for a cul -de -sac is 600 feet and the subject cul -de -sac is less than 600 feet. • Commissioner Grenz was concerned about the amount of homes being built on land that is in the Shoreland Overlay District and the Floodplain Overlay District, and whether it should be rezoned to allow more homes. Mr. Wiegert stated that they were hoping to complete the grading, utilities and streets this year. He indicated that excellent fill is being brought in. Commissioner Drotning commented that one of the "tools" in City ordinance to limit environmental impacts is the allowance of a reduction in street width in environmentally sensitive areas. He felt that environmental concerns have been well addressed by staff. • After discussion, most of the Planning Commissioners agreed that rezoning to RS-3 is consistent with the surrounding neighborhoods. • Commissioner Maguire asked what the park dedication was based on. Mr. Dempsey stated that the City Council recently revised the residential park dedication fees due to comments received from developers. The new park dedication fee for single family developments is $3,532 per dwelling unit. • In response to additional Planning Commission comments regarding fill that will be brought in for this development, Mr. Weigert explained the proposed grading of the site. He indicated that approximately 90,000 cubic yards of fill will be brought in. The black dirt will be put in the rear yards with the good material 3 Planning Commission Meeting July 19, 2012 used for the house pads and front yards. Mr. Wiegert stated they have met the City's requirements. • The Planning Commission discussed the removal of Stipulation 12 as recommended by City staff. The Planning Commission agreed that with the amount of green space in Outlot A, there would be no problem with this plat meeting the 25% maximum impervious surface area requirement so Stipulation 12 can be removed. 12. Imp -S -eoye fei! the 1 , 2 ,5, 6, 7 .,,-..7 4 ee a -pe -fien of Lots Block 1 and Le 4 and i Piss iet l-.,,,,,.,a is limited t 25 • The Planning Commission asked about the property with a house on it to the west of the proposed development. The access to this property is by a gravel driveway that sits just north of the paved North Park trail and accesses the existing Hollyhock Avenue street stub that's within the Homestead Creek development. Mr. Morey indicated that the City did try to purchase this property a few years ago to eliminate this nonconforming situation, but were unsuccessful. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. 12.42 Motion was made and seconded to close the public hearing at 6:54 p.m. Ayes: Reuvers, Maguire, Boerschel, Lillehei, Davis, Grenz, Drotning. Nays: 0 12.43 Motion was made and seconded to recommend to City Council approval of The Haven at Highview preliminary plat of 33 single family residential lots, located west of Highview Avenue and north of Homestead Trail, and approval of the Zoning Map amendment to rezone property from RS -2, Single Family Residential District to RS-3, Single Family Residential District, subject to the following 11 stipulations, as amended: 1. Implementation of the recommendations listed in the July 13, 2012 engineering report. 2. The recommendations of the Parks, Recreation and Natural Resources Committee. 3. The rezoning is subject to City Council approval of the final plat and recording of the final plat mylars with Dakota County. 4. Outlots A and B shall be deeded to the City with the final plat. 5. All structures shall meet the following minimum setback requirements of the RS- 3, Single Family Residential District: 2 Planning Commission Meeting July 19, 2012 Front Yard - 30 feet Rear Yard - 30 feet Side Yards: Interior -10 feet Corner - 20 feet Buffer - 50 feet 6. The developer shall construct five foot concrete sidewalks on the east side of Hollyhock Avenue, the southwest side of 172nd Street and the south side of Hollyhock Court between 172nd Street and Hollyhock Avenue. 7. The developer shall construct an eight foot bituminous trail on the west side of Highview Avenue from the existing North Park trail located along the south boundary of the preliminary plat to 172nd Street. The developer shall rough grade the trail base and pay their 5 /8ths share of the trail cost for the future construction of the trail on the west side of Highview Avenue north of 172nd Street adjacent to The Haven at Highview plat. 8. The final plat must include a 15 foot wide drainage and utility easement shown along the property line adjacent to Hollyhock Court for all lots abutting Hollyhock Court. 9. Building permit plans for all lots must show space for three garage stalls whether or not three garage stalls are proposed with the initial construction of the house on each lot. 10. The landscape plan must be amended prior to City Council consideration to identify all evergreen trees within the buffer yard areas as Black Hills Spruce or Colorado Blue or Green Spruce. In addition, the landscape plan must be amended to replace the green ash trees with an alternate species of deciduous tree as allowed by the Zoning Ordinance. 11. The east side yard of Lot 1, Block 3 must be sodded to the edge of the trail to be constructed on the west side of Highview Avenue. This requirement will also apply to Lot 11, Block 1 if it is determined that the trail will be constructed north of 172nd Street with the development of The Haven at Highview. A $1,000 cash escrow must be submitted with the building permit application to guarantee installation of the east side yard sod. Commissioner Reuvers commented that he thought this was a good project and fits well with the adjacent neighborhood. He looks forward to more building construction in Lakeville. Ayes: Maguire, Boerschel, Lillehei, Davis, Drotning, Reuvers. Nays: Grenz. Commissioner Grenz felt that the higher density rezoning was not appropriate for this environmentally sensitive area. 5 Planning Commission Meeting July 19, 2012 ITEM 6. City of Lakeville and ITEM 7. Crystal Lake Education Center (tabled at the June 21St Planning Commission meeting) Chair Lillehei opened the public hearing to consider an amendment to Title 11 (the Zoning Ordinance), Chapter 23 concerning the requirements for electronic changeable copy signs in the P -OS, Public and Open Space District. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Planning Director Daryl Morey stated that because Agenda Items 6 and 7 are related, he will combine their review into one presentation tonight. Mr. Morey stated that after considerable discussion at their June 21, 2012 Planning Commission meeting, the Planning Commission tabled action on the Lakeville School District (ISD 194) applications to allow an electronic changeable copy sign at Crystal Lake Education Center and directed staff to prepare an amendment to Chapter 23 of the Zoning Ordinance to establish performance standards for electronic changeable copy signs in the P -OS, Public and Open Space District. Mr. Morey stated that the June 14th planning report presented at the June 21St Planning Commission meeting included a number of stipulations that were being recommended by staff as part of the school district's applications. The City Attorney recommended that the performance based standards for the electronic signage be pulled out of the stipulations listed in the June 14th planning report and instead be incorporated into Chapter 23 of the Zoning Ordinance. Mr. Morey stated that for efficiency and clarity sake, staff has combined the amendments into one ordinance addressing Chapter 23, performance standards for signs in the P -OS District, and Chapter 97, conditional uses in the P -OS Districts. Mr. Morey stated that the proposed Zoning Ordinance amendment incorporates the performance standard stipulations listed in the June 14th planning report with two exceptions concerning hours of operation and rate of change of the electronic changeable copy sign as recommended by the Planning Commission at the June 21St meeting. He indicated that the City's planning consultant, Daniel Licht of TPC, is recommending the following modifications to the stipulations contained in the June 14th planning report: • Allowing electronic graphic display signs instead of electronic changeable copy signs, which would allow the display of images in addition to text. • Allowing the electronic graphic display signs only in a yard abutting a street with a higher classification than major collector, except arterials (I -35 and CR 70). Planning Commission Meeting July 19, 2012 • Limiting the display to a black background. Mr. Morey indicated he had received concerns from Planning Commissioners prior to tonight's meeting about limiting the sign to a black background. In subsequent discussions with Mr. Licht, this restriction was intended for electronic changeable copy signs (text only) and not electronic graphic display signs (text and figures) and therefore can be removed from staff's recommended performance standards. • The City Attorney has indicated that Section 11- 23- 19.H.1.d(2)(i) is inconsistent with current State Statute and would not be enforceable. She is recommending that performance standard also be removed. • Per the handout at tonight's meeting and based upon discussions with Chair Lillehei, staff is recommending that the proposed wording in Section 11- 97 -7.0 be revised to clarify that the proposed school district uses to be added in the P- OS District must be a principal use of the property. In addition, the amendment now lists the uses numerically which makes it easier to read. Mr. Morey indicated that for convenience purposes, staff has combined the amendments to Chapter 23 establishing performance standards for electronic graphic display signs in the P -OS District and Chapter 97 allowing public school facilities for early childhood and community education by conditional use permit in the P -OS District into one ordinance amendment. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. 12.44 Motion was made and seconded to close the public hearing at 7:08 p.m. Ayes: Boerschel, Lillehei, Davis, Grenz, Drotning, Reuvers, Maguire. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. The following items were discussed: • Commissioner Grenz asked if staff has been contacted by school districts 192 and 196 about electronic signage. Mr. Morey responded that staff has not been contacted by these two school districts and the only facilities they have in the City are elementary schools. • Commissioner Boerschel wanted to clarify that the intent of Section 211-23 - 19.1-1.1.d(2)(i) was to prevent another use from moving into the property and still using the sign. Mr. Morey stated that the sign would run with the property, so the re -user of the property would be entitled to keep the sign; however, the re- user of the property, unless it was rezoned, would have to be a use that complied 7 Planning Commission Meeting July 19, 2012 with uses allowed in the P -OS District, which are pretty limited and are not commercial in nature. • Mr. Morey also indicated that if these performance standards are approved by the City Council, staff would apply the standards to the existing electronic graphic display signs at Lakeville North High School /Ames Arena and the Arts Center. If the performance standards change again in the future, the existing electronic graphic display signs would need to comply with the new standards. • Mr. Morey clarified, and the Planning Commission agreed, that the added language under Section 11- 97 -7.0 as a principal use is meant to cover all three items that follow in that paragraph. Commission Reuvers agreed that the revised language simplifies the uses allowed and that the City should try to keep the wording in its ordinances as brief as possible. • Commissioner Grenz questioned whether electronic graphic display signs would be allowed at the Kenwood Center location on County Road 50 where the school district currently holds its early childhood and adult and youth community education classes. Mr. Morey stated that the C -3 District zoning of the Kenwood Center does not currently allow electronic changeable copy signs. In addition, the school district will have moved these classes out of the Kenwood Center and into Crystal Lake Education Center before any amendment to the Zoning Ordinance to allow electronic graphic display signs would be approved by the City Council. 12.45 Motion was made and seconded to recommend to City Council approval of an amendment to Title 11 (the Zoning Ordinance), Chapter 23 concerning the requirements for electronic changeable copy signs in the P -OS, Public and Open Space District, as amended. Ayes: Lillehei, Davis, Grenz, Drotning, Reuvers, Maguire, Boerschel. Nays: 0 12.46 Motion was made and seconded to recommend to City Council approval of the Zoning Ordinance and Zoning Map amendments for Crystal Lake Education Center to allow the installation of a freestanding sign with electronic graphic display subject to the following 3 stipulations: 1. The subject metes and bound parcels that comprise the Crystal Lake Education Center property must be combined into one parcel prior to the issuance of a sign permit for the freestanding sign. 2. A sign permit must be issued by the City prior to installation of the freestanding sign. 3. The Crystal Lake Education Center freestanding sign must comply with the requirements of Chapter 23 of the Zoning Ordinance. Planning Commission Meeting July 19, 2012 Ayes: Davis, Grenz, Drotning, Reuvers, Maguire, Boerschel, Lillehei. Nays: 0 The next Planning Commission meeting will be held on August 16, 2012. There being no further business, the meeting was adjourned at 7:22 p.m. Respectfully submitted, Penny Brevig, Recording Secretar ATTEST: Brooks Lillehei, Chair 9