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HomeMy WebLinkAbout11-08-12CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES November 8, 2012 Chair Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Chair Brooks Lillehei, Linda Maguire, Bart Davis, Gerry Grenz, Karl Drotning, and ex- officio Shawn Fitzhenry. Members Absent: Bob Boerschel, Paul Reuvers. Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Allyn Kuennen, Associate Planner; Daniel Licht, The Planning Company; Mark DuChene, Development Design Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The October 4, 2012 Planning Commission meeting minutes were approved as presented. The October 4, 2012 Planning Commission work session minutes were approved as presented. 4. Announcements Mr. Morey stated that the following items were distributed to the Planning Commission at tonight's meeting: A. Draft motion from the November 7, 2012 Parks, Recreation and Natural Resources Committee meeting regarding the Summerlyn preliminary plat. B. Revised ghost plat for the Summerlyn preliminary plat. C. E -mail from a resident concerning the Summerlyn preliminary plat. 5. Rose Mountain Spiritual Community Center Chair Lillehei opened the public hearing to consider the application of George Maverick of Rose Mountain Spiritual Community Center for a Conditional Use Permit to allow a private community center in an RM -1, Medium Density Residential District, located at 20732 Holt Avenue. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. George Maverick presented an overview of his request. Mr. Maverick indicated that right now there is a small group of about 20 friends who currently meet in their Planning Commission Meeting Minutes, November 8, 2012 Page 2 homes. He indicated that the group is growing and he feels this building would be a nice place to have a fellowship hall with more room. Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen reviewed the performance standards for evaluating this conditional use permit request. He indicated that a total of 27 parking spaces are required by the Zoning Ordinance. Currently 28 parking spaces are provided and the applicant has indicated that, with restriping the parking lot, two additional stalls can be obtained for a total of up to 30 spaces. Also, overflow parking is available on- street and within the City's Market Plaza parking area across Holt Avenue to the west. Mr. Kuennen stated that no additional lighting is proposed and there will be no activities outside the building. Proposed hours of operation would be limited to 10:00 p.m. from Sunday through Thursday and midnight on Friday and Saturday. He stated that regarding setbacks, the building and the parking lot are considered legal non- conforming. Mr. Kuennen stated there are Findings of Fact for the Planning Commission's review and that Planning Department staff recommends approval of the CUP, subject to the 5 stipulations listed in the November 1, 2012 planning report. Chair Lillehei opened the hearing to the public for comment. Colleene Ortner, 20665 Holt Avenue Ms. Ortner's concerns were for the seniors in the apartments to the north of the site and how the noise, traffic, and lights would affect them. Glenn Nord, 20655 Holt Avenue Mr. Nord stated he lives approximately one block from the subject property. His concerns were: He would like more information on exactly what type of facility is proposed and what the day -to -day activities will be. He was under the impression that it would be a traditional church. This building use to be a quiet senior center that blended into the neighborhood and was not obtrusive to anyone. Will there be additional lighting? Parking. He feels that overflow parking will occur in the abutting residential area which is not good planning. He wanted to remind the Planning Commission that this is a finger -like extension into a residential neighborhood. Hours of operation. Y This building's parking lot is inches from the east neighbor's property line. The public hearing should be continued until more information on the proposed use is presented and considered. Planning Commission Meeting Minutes, November 8, 2012 Page 3 Motion was made by Davis, seconded by Maguire to close the public hearing at 6:20 p.m. Ayes: Maguire, Lillehei, Davis, Grenz, Drotning. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Confirmed that there will be no changes to the current exterior lighting on the building or in the parking lot. • Mr. Kuennen informed the Planning Commission and audience that a legal notice was sent out to neighbors within 500 feet of the proposed community center ten days prior to the public hearing. He indicated that his contact information was provided on the public hearing notice and he was available to answer any questions anyone had prior to tonight's hearing. • No exterior uses or assembly are proposed or allowed by ordinance. • Parking concerns were discussed. Mr. Kuennen clarified the parking requirement of the Zoning Ordinance and the location of overflow parking, if needed, within Market Plaza. • The building is going to function similar to when it was a senior center with similar types of events. • The Planning Commission confirmed that additional landscape screening can be installed along the east, south and north property lines with the consent of the adjacent property owners. • Is there a maximize occupancy for this building that is allowed by Fire Code? Staff will follow -up on this question with the Fire Department. • Commissioner Drotning asked City staff to elaborate on the Central Business District (CBD) and how it includes unique parking standards. Mr. Morey indicated that there are different parking standards for the Central Business District in the Zoning Ordinance. On- street parking was taken into consideration when the C -CBD parking standards were adopted and the parking along Holyoke Avenue is delineated by striping. In addition, Market Plaza has been constructed to provide additional off - street parking downtown and there are other public parking lots within the CBD along Holyoke Avenue. Mr. Morey also added that public and private community centers, churches and schools are allowed within residential districts by CUP throughout the City of Lakeville. • Hours of operation were discussed. There were no limits on the permitted hours of operation for the Senior Center use of the building. Mr. Maverick indicated that he would be willing to work with the City on a reasonable time frame. Mr. Maverick stated that he agreed to the midnight closing time because he wanted to make sure the staff had enough time to clean up and exit the building. Mr. Morey indicated that City staff is not as concerned about a few people cleaning up inside the building, but rather about the larger group of people leaving the building and parking lot by a certain time. The Planning Commission agreed that a start time should also be stipulated and agreed that 7:00 a.m. to 10:00 p.m. Planning Commission Meeting Minutes, November 8, 2012 Page 4 Sunday through Thursday and 7:00 a.m. to 11:00 p.m. on Friday and Saturday would be reasonable hours of operation. Motion was made by Davis, seconded by Maguire to recommend to City Council approval of the Rose Mountain Spiritual Community Center Conditional Use Permit to allow a private community center in an RM -1, Medium Density Residential District, located at 20732 Holt Avenue, subject to the following amended stipulations: 1. The site and building must be used according to the plans approved by the City Council. 2. A building permit is required prior to commencing any construction or remodeling work. 3. A sign permit shall be obtained prior to the installation of any permanent or temporary signage. 4. A landscape plan must be submitted and approved by the City prior to the installation of any materials. 5. The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. from Sunday through Thursday and from 7:00 a.m. to 11:00 p.m. on Friday and Saturday. All activities would take place within the building. No exterior assembly, music or noise would be allowed at any time due to the proximity to single family residential homes. Ayes: Lillehei, Davis, Grenz, Drotning, Maguire. Nays: 0 6. Summerlyn Chair Lillehei opened the public hearing to consider the application of U.S. Home Corporation, D /B /A Lennar, for a preliminary plat of 139 single family residential lots to be known as Summerlyn, located east of Dodd Boulevard (CSAH 9), north of 194 Street and west of Holyoke Avenue. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Joe Jablonski of Lennar and Nick Polta from Pioneer Engineering were in attendance. Mr. Jablonski presented an overview of their request. Mr. Jablonski stated that they have worked extensively with City staff to come up with the plan that is being presented at tonight's meeting. The plan reflects the natural amenities of the site including the rolling topography, wetlands, and the natural greenway corridor. He stated their plat design incorporates a centralized public park and stormwater treatment systems that will enhance the park as well as the greenway corridor. Mr. Jablonski stated that they are in conformance with the City's land use and zoning requirements. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that 139 lots will be developed in this plat. He stated that the westerly portion Planning Commission Meeting Minutes, November 8, 2012 Page 5 of the property is zoned RM -1, Medium Density Residential District and the easterly portion is zoned RS -3, Single Family Residential District. The westerly section includes RS -4 single family lots as allowed by the RM -1 District zoning of that portion of the subject property. Mr. Dempsey indicated that the wetland delineation has been completed for the subject property. He stated that the wetland and wetland buffer areas will be located within Outlots C and E which will be deeded to the City with the final plat. He also indicated that no lots within the Summerlyn preliminary plat will be impacted by the Shoreland Overlay District boundary. Mr. Dempsey stated that City and County staff met with the owners of the three existing single family home properties along Dodd Boulevard (CSAH 9) to inform them of the proposed Summerlyn preliminary plat plans due to the proximity of their homes to the proposed plat. The property owners expressed concerns about the future expansion of Dodd Boulevard, how the expansion could impact their properties, and the timing of the road improvements. Mr. Dempsey indicated that staff discussed incorporating these three single family lots into a future phase of the Summerlyn plat. Lennar's initial ghost plat showed a row of townhouse units. Staff subsequently requested the ghost plat be revised to incorporate the area of these three existing single family lots into proposed Lots 11 -16 and showing Outlot A as a future single family lot. The revised ghost plan was distributed at tonight's meeting. Mr. Dempsey stated that Planning Department staff recommends approval of the Summerlyn preliminary plat, subject to the 16 stipulations listed in the November 2, 2012 planning report. Chair Lillehei opened the hearing to the public for comment. Bruce Wiebe, 19282 Dodd Boulevard Mr. Wiebe stated that the ghost plat showing the development of townhomes on their property projects their property as part of the Summerlyn development and that there has been no offer to purchase their property; as such he feels that there is no future for their home with this new development. Mr. Wiebe's major concern, if they are not bought out prior to the Summerlyn project's groundbreaking, is that the expansion of Dodd Boulevard will wipe out their property's value and make it unsellable and that the expansion of Dodd Boulevard will make it more dangerous for them to live there. He spoke of the accidents that have occurred on Dodd Boulevard since they have lived in their home. Wanda Wiebe, 19282 Dodd Boulevard Mrs. Wiebe stated that there is a big difference between a house and a home. She highlighted improvements they have made to their property. Planning Commission Meeting Minutes, November 8, 2012 Bernice Overby, 19300 Dodd Boulevard Page 6 Mrs. Overby's stated that she works at Remax and understands development. She stated that all three of the septic systems are located in the front yards and any widening of Dodd Boulevard would impact these septic systems. Mrs. Overby feels that their properties should be incorporated into the plat because the houses that will be built on the six lots in Summerlyn that will back up to their property will overlook their homes and that would be undesirable. She is concerned about the County condemning their property in the future when Dodd Boulevard is widened so they would like to be incorporated into the Summerlyn plat now. Chad Clayton, 8875 — 196 Street Mr. Clayton lives in the Donnelly Farm development. He commented that Outlot D is proposed to be a park. He wanted to know what the park would look like and offered his assistance in any way for planning for the park amenities. Stacy Rottlund, 19550 lberis Avenue Ms. Rottlund lives in the Donnelly Farm development. Her concerns were with the safety on the roads, specifically the construction traffic. She cited safety concerns on Dodd Boulevard and asked if stop signs or a walkway would be installed at the Dodd Boulevard /194 Street intersection adjacent to Lakeville North High School. She was glad to see there is a park proposed in the Summerlyn plat. Motion was made by Drotning, seconded by Maguire to close the public hearing at 7:18 p.m. Ayes: Davis, Grenz, Drotning, Maguire, Lillehei Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Commissioner Maguire asked why a soil survey was done. Mr. DuChene indicated that a soil survey is required in the Subdivision Ordinance due to the storm water treatment (infiltration) requirements. • The tree preservation plan was discussed. Mr. Dempsey stated that no trees are proposed to be saved with the preliminary plat due to the grading and site improvements proposed with the Summerlyn development. The majority of the trees identified are box elder, cottonwood and green ash trees. Ninety -one new trees are proposed on the landscape plan and a minimum of two new trees are required to be planted on each lot in the development. There will be 369 total new trees planted. • The Planning Commission discussed Holyoke Avenue and Dodd Boulevard and indicated that upgrades to Dodd Boulevard are not within the City's or County's Planning Commission Meeting Minutes, November 8, 2012 Page 7 five year Capital Improvement plans. Because Dodd Boulevard is a County road, the County determines when upgrades will occur. • When will the park be constructed? Staff responded that the neighborhood park will likely be constructed when the Summerlyn plat is significantly developed out and the playground equipment and park improvements will be determined at that time. • Regarding the proposed berming and buffer yard improvements, the plans propose berming and landscaping based on the current Zoning Ordinance requirements, however, each final plat development phase will be subject to the Zoning Ordinance requirements in place at that time. • The ghost plat is a sketch plan for areas outside the boundaries of the preliminary plat. The ghost plat is a design tool, not a final design. The developer is not bound by this layout. Staff will have input on the street design for the undeveloped land and exception parcels when they develop /re- develop. • The Planning Commission does not consider whether certain lots in a plat will sell or not sell. The expansion of Dodd Boulevard will be development driven, i.e. by the development of additional adjacent properties not just the Summerlyn development. • Regarding future signalization of Dodd Boulevard, Mr. DuChene indicated that Dodd Boulevard is under County jurisdiction and signalization of the Dodd Boulevard /194 Street intersection is not in their five year CIP. He was not aware of any plans for future signalization at this intersection. • The phasing of the project was discussed. Mr. Jablonski stated that they would like to develop Phase 1 in the spring of 2013 and work towards the middle of the plat with subsequent development phases so that they can market the two different lot sizes at the same time. Each phase would likely represent a different year of construction. Motion was made by Davis, seconded by Maguire to recommend to City Council approval of the Summerlyn preliminary plat, subject to the following stipulations: 1. Implementation of the recommendations listed in the November 1, 2012 engineering report. 2. The recommendations of the Parks, Recreation and Natural Resources Committee. 3. Outlots B through G shall be deeded to the City with the final plat. 4. All structures shall meet the following minimum single family residential setback requirements: RS -3 District RM -1 District (RS -4 Standards) Front Yard — 30 feet Front Yard - 20 ft (house); 25 ft (garage) Rear Yard — 30 feet Rear Yard — 30 feet Rear Buffer — 50 feet Rear Buffer — 50 feet Side Yards: Side Yards: Interior — 10 feet Interior — 7 feet Corner — 20 feet Corner — 20 feet Planning Commission Meeting Minutes, November 8, 2012 Page 8 5. The developer shall construct sidewalks on one side of all local streets within the subdivision except cul -de -sac Street C. 6. The developer shall construct right turn lane modifications to the existing bypass lane on Holyoke Avenue at 193 d Street which will include an extension to the pavement of the existing bypass lane to accommodate this modification. 7. The developer shall construct an eight wide foot bituminous greenway corridor trail through Outlots C, D and E as shown on the preliminary plat plans. The developer shall rough grade the trail base and pay their 5 /8ths share of the trail cost for the future construction of trails on the east side of Dodd Boulevard and the west side of Holyoke Avenue adjacent to the Summerlyn plat. 8. Temporary turnaround easements shall be obtained from the property owner(s) on which the proposed temporary cul -de -sacs are located at the termini of Streets A, B, D and E. 9. "Future Street Extension" signs shall be installed at the termini of Streets A, B, D and E. 10. 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. 11. Buffer yard landscaping shall be installed according to the approved landscape plan. 12. The rear yards of Lots 4 -10 along Dodd Boulevard and Lots 51 -55 along Holyoke Avenue shall be sodded to the rear property lines. A $1,000 cash escrow must be submitted with the building permit application to guarantee installation of the rear yard sod. 13. Removal of the existing house and outbuildings and abandonment of the well and septic system shall be completed in accordance with federal, state and local requirements. 14. A soils survey of the subdivision must be prepared by a registered soils engineer and submitted with the final plat. 15. Any subdivision monument signs are required to be placed in a separate outlot owned and maintained by a homeowners association. 16. The developer shall submit a revised ghost plat incorporating the area of the three existing single family lots fronting Dodd Boulevard into proposed Lots 11 -16 and showing Outlot A as a future single family lot. The Phase 4 development for Lots 11 -16 and Outlot A shall not occur until options have been explored for purchasing the three existing single family lots fronting Dodd Boulevard and incorporating the area into the Summerlyn plat. Ayes: Davis, Grenz, Drotning, Maguire, Lillehei. Nays: 0 Planning Commission Meeting Minutes, November 8, 2012 Page 9 7. City of Lakeville Chair Lillehei opened the public hearing to consider amendments to Titles 3 (Business and License Regulations), 10 (Subdivision Ordinance), and 11 (Zoning Ordinance) of the Lakeville City Code. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Dan Licht from The Planning Company (TPC) presented the planning report. Mr. Licht stated that after the City Council approval of the Zoning Ordinance and Subdivision Ordinance in 2010, City staff has identified sections of the Zoning Ordinance that needed to be revised to clarify the intent of the regulations and make them more user friendly. He indicated that specific topics outlined in tonight's memo related to the Phase 3 amendments include additional discussion regarding temporary cul -de -sacs, buffer yard requirements, the allowance of electronic signs within commercial zoning districts, and O -P District uses and exterior building material requirements. Mr. Licht stated that these proposed amendments were reviewed by the Planning Commission at work sessions in September and October of 2012 and the Economic Development Commission also discussed the proposed amendments related to electronic signs, and O -P District uses and exterior building materials at their meeting in September, 2012. Mr. Licht stated that Planning Department staff and his office recommend approval of the proposed Phase 3 amendments as presented. He commented that it has been a pleasure to work with the Planning Commission and staff on this project. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Davis, seconded by Maguire to close the public hearing at 8:07 p.m. Ayes: Grenz, Drotning, Maguire, Lillehei, Davis. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Commissioner Grenz stated that he does not support Sections 13, 14 and 15 of the draft ordinance regarding proposed changes to the buffer yard screening requirements. • Section 3- 21- 7.B.5.a should read 5,000 NITS after sunrise, not 7,000. • Commissioner Drotning asked if one of the three existing electronic signs were to be replaced with a new electronic sign, would the new sign have to meet the new performance standards. Mr. Licht stated that if the existing electronic sign is Planning Commission Meeting Minutes, November 8, 2012 Page 10 being replaced with a new electronic sign, the new sign would not be grandfathered and would have to meet the performance standards in place at the time of the sign replacement. • The Planning Commission agreed that a lot of thought has gone into the allowance of electronic signs, which is a reflection of changing sign technology. The performance standards reflect the character of the City of Lakeville. The Planning Commission is comfortable with the proposed performance standards, including the 60 second rate of change. They agreed that the standard for the display duration should be evaluated to determine any effects on driver distraction. The City, based upon future evaluation of the impacts of electronic signs on traffic safety, may choose to raise or lower the rate of change of the sign display. • With regard to comments made at the October 22, 2012 City Council work session, Lakeville is not competing with other cities in terms of the rate of change for electronic signs. • The Planning Commission feels the licensing component is important for electronic signs. • Commissioner Davis commented that electronic signs are expensive right now, but the price of the signs will probably come down and become affordable to more businesses so the number of electronic signs will likely increase in the future. • Chair Lillehei recognized Ron Kveton from Ole Piper Inn and Michael Cronin and Dave Edquist from Holiday Station Stores for their input on the electronic sign discussion at Planning Commission work sessions. He stated that Todd Bornhauser, Executive Director of the Lakeville Area Chamber of Commerce, and the Economic Development Commission have also been very helpful. Motion was made by Maguire, seconded by Drotning to recommend to City Council approval of the amendments to Titles 3 (Business and License Regulations), 10 (Subdivision Ordinance), and 11 (Zoning Ordinance) of the Lakeville City Code, as amended. Prior to the vote the Planning Commission asked if Sections 13, 14 and 15 should be voted on separately due to the concern raised by Commissioner Grenz. City Attorney Poehler stated that it would be sufficient to indicate that Commissioner Grenz is voting nay only on Sections 13, 14, and 15 and to vote on the motion that is on the table. Ayes: Drotning, Maguire, Lillehei, Davis. Nays: Grenz. He supports the proposed amendments except for Sections 13, 14 and 15, which relate to proposed changes to the buffer yard screening requirements. Mr. Morey indicated that due to establishment of a fee and an application for the licensing of the electronic signs, this item would not go to City Council until the December 3, 2012 meeting. Planning Commission Meeting Minutes, November 8, 2012 Page 11 Mr. Morey thanked the Planning Commission and Mr. Licht for their hard work on all three phases of the ordinance amendments. There being no further business, the meeting was adjourned at 8:24 p.m. Respectfully submitted, Penny Bre 41 Recording Secretar Brooks _