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HomeMy WebLinkAbout04-18-13CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES April 18, 2013 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. 2. Swearing in of new Planning Commission member Jason Swenson Jason Swenson was sworn in by Recording Secretary (and notary) Penny Brevig as a new Planning Commission member at tonight's meeting. Chair Lillehei congratulated and welcomed Commissioner Swenson. Members Present: Linda Maguire, Jason Swenson, Bob Boerschel, Chair Brooks Lillehei, Joe Blee, Gerry Grenz, Karl Drotning. Members Absent: Paul Reuvers, Ex- officio member Shawn Fitzhenry Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Zach Johnson, City Engineer; Daniel Licht, The Planning Company; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary 4. Approval of the Meeting Minutes The April 4, 2013 Planning Commission meeting minutes were approved as presented. 5. Announcements Mr. Morey stated that the following items were distributed to the Planning Commission at tonight's meeting: A. Draft motions of the April 17, 2013 Parks, Recreation and Natural Resources meeting regarding the Hoppe Marketplace 3rd Addition preliminary and final plat and the Stone Ridge preliminary plat. B. Revised civil plans for Hoppe Marketplace 3rd Addition. C. Memo dated April 15, 2013 to the Planning Commission from Second Pointe, LLC, owners of the REMAX building, regarding Hoppe Marketplace 3 Addition. D. Revised plans for Stone Ridge. Mr. Morey welcomed new Planning Commission member Jason Swenson. Mr. Morey stated that the May Planning Commission meetings will be rescheduled to May 9 th and May 23 due to the Taste of Lakeville scheduled for May 16 tH Planning Commission Meeting Minutes, April 18, 2013 6. Hoppe Marketplace 3 rd Addition Page 2 Chair Lillehei opened the public hearing to consider the application of United Properties Investment, LLC for the following, located east of Kenwood Trail (County Road 50) at Jubilee Way: A. The preliminary and final plat of two commercial lots to be known as Hoppe Marketplace T Addition, and B. The vacation of public drainage and utility easements. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Keith Ulstad, Senior Vice President of Retail Development for United Properties, Dan Parks, Westwood Professional Services, and Bruce Carlson, Project Director for MidAmerica, were in attendance at tonight's meeting. Mr. Ulstad presented an overview of their request. He indicated that United Properties bought the subject property in 2004. There has been no interest in the property for quite a while so when Advance Auto Parts expressed an interest, they pursued it. He stated that they are proposing to subdivide the property and build to suit for this single tenant. They do not want to construct a multi- tenant building on one lot hoping to fill the other space in a timely fashion, given the recent lack of interest in the site. He stated that the proposed Advance Auto Parts building will be very nice looking, which they are proud of. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated the subject property is currently platted as Lot 2, Block 1, Hoppe Marketplace 2nd Addition and is zoned PUD, Planned Unit Development. The underlying zoning is C -3, General Commercial District. Mr. Dempsey stated the Hoppe Marketplace plat was approved by the City Council on June 6, 2005 and the Hoppe Marketplace 2 Addition plat was approved by the City Council on November 21, 2005. Mr. Dempsey indicated that the Advance Auto Parts store proposed to be constructed on Lot 1, Block 1, Hoppe Marketplace 3rd Addition is a permitted use in the C -3 District. Mr. Dempsey explained that the proposed trash enclosure location has been moved to the west to save two parking spaces and to be better screened from the view of the REMAX building. Mr. Dempsey commented that the Parks, Recreation and Natural Resources Committee draft motion of approval of the Hoppe Marketplace 3 rd Addition preliminary and final plat was distributed at tonight's meeting. He indicated that park dedication for Hoppe Marketplace 3 Addition was satisfied with the final plat of Hoppe Marketplace 2 Addition with a combination of land dedication for a future greenway corridor adjacent to the property and a cash fee. Mr. Dempsey explained that the drainage and utility easements that were dedicated with Lot 2, Block 1, Hoppe Marketplace 2 Addition will be vacated and Planning Commission Meeting Minutes, April 18, 2013 Page 3 reestablished to correspond with the new utility locations proposed with the Hoppe Marketplace 3 Addition final plat. Mr. Dempsey stated that staff recommends approval of the Hoppe Marketplace 3rd Addition preliminary and final plat and easement vacation, subject to the four stipulations listed in the April 12, 2013 planning report. Chair Lillehei opened the hearing to the public for comment. Eric Malmberg, owner of REMAX located at 17640 Kenwood Trail Mr. Malmberg stated that his father Dave Malmberg is the owner of the Second Pointe LLC building and that he is the owner of Remax Advantage Plus, which is the main tenant of the Second Pointe LLC building. He commented that in 2004 they decided to expand their operations in Lakeville. Originally they wanted to build on the site of the proposed Advance Auto Parts building but were told by United Properties they could not build on that site mainly because there was going to be a high end sit down restaurant that would serve alcohol and have outdoor patio seating. He indicated that they spent over $100,000 to provide suitable soil in order to construct the building and parking lot on their current site. Mr. Malmberg claimed that there were several representations by United Properties and the City of Lakeville that a high end sit down restaurant was promised on the subject property and he has documentation to support that. Mr. Malmberg expressed concern about the following: • There is not enough parking for their use. The shared parking agreement that is in place was based upon a restaurant use on the subject property that would mainly be a nighttime use versus the Remax use, which is mainly a daytime use. • How can the "development agreement" for the shared parking be unilaterally changed? • The existing parking stalls Remax uses that are on the subject property will be backing directly into the proposed Advance Auto Parts building without any setback or buffer. • The back of the Advance Auto Parts building will in effect turn the existing shared driveway into an alleyway. • Any change to the shared monument signage on a unilateral basis is unfair. Because of these concerns, Second Pointe LLC is asking that the applications submitted by United Properties be denied. Dave Malmberg, owner of the Second Pointe LLC building located at 17640 Kenwood Trail Planning Commission Meeting Minutes, April 18, 2013 Page 4 Mr. Malmberg stated they have an emotional commitment to their building and lot because of the factors that went into choosing their site and the extra cost and effort that went into correcting the soil and preparing the site for construction. He understands from a business point of view the cost of carrying undeveloped lots and is sympathetic to United Properties. Mr. Malmberg stated that he would like to see the development of the property dealt with in a positive way. When he first learned about the Advance Auto Parts building, their view of it was essentially a blank concrete block wall with no windows or landscaping and a dumpster. Mr. Malmberg stated that he had lunch with Mr. Olson and Mr. Erickson in the summer of 2004 and Mr. Erickson made it very clear to him that there was not going to be any options for this site other than a sit down restaurant, period. He stated that they made very expensive decisions based upon assumptions that they could rely upon. Motion was made by Blee, seconded by Maguire to close the public hearing at 6:30 p.m. Ayes: Maguire, Swenson, Boerschel, Lillehei, Blee, Grenz, Drotning, Nays: 0 Prior to asking the Planning Commission for their comments, Chair Lillehei asked staff to explain what it means to final plat and how you go about subdividing property that has already been final platted. Mr. Morey proceeded to explain the preliminary and final plat process. Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Commissioner Grenz asked if this technically would be a re -plat. Mr. Morey stated that the Zoning Ordinance refers to preliminary plat and final plat. • Commissioner Maguire asked when discussions take place regarding the buffer between buildings. Mr. Dempsey indicated that the Zoning Ordinance does not require a buffer between commercial buildings. The City would not be opposed to a landscape buffer between the two lots. Mr. Dempsey indicated that one of the previous concerns of the owner of the office building was the location of the trash enclosure, which was communicated to the developer, and the trash enclosure was moved adjacent to the proposed building. • Chair Lillehei clarified that the applications being considered by the Planning Commission tonight are regarding the platting of property and the vacation of easements. • Parking requirements and the shared parking of the Hoppe Marketplace PUD was generally discussed. • Commissioner Boerschel asked for clarification that the Advanced Auto Parts proposal has met all Zoning Ordinance requirements. • Mr. Dempsey confirmed that City staff will review the site and building plans for compliance with Zoning Ordinance requirements as part of the administrative review of the building permit application. Planning Commission Meeting Minutes, April 18, 2013 Page 5 • Chair Lillehei clarified that the Planning Commission must make a recommendation on the plat and easement vacation and not on the Zoning Ordinance standards related to the building and site plan, which are an administrative review. • Commissioner Grenz still felt that the Planning Commission should address the size of the signs and whether there is any screening along CR 50. Mr. Dempsey explained that the signs and landscaping are reviewed administratively and the developer has met the Zoning Ordinance requirements. • There was continued discussion of what requires Planning Commission review and recommendation and what is reviewed administratively. • Commissioner Lillehei asked how shared parking is evaluated as part of a PUD. Mr. Dempsey responded generally how staff reviews parking for individual uses within a PUD and specifically for the Hoppe Marketplace PUD. Staff is confident that parking in the overall Hoppe Marketplace PUD will comply with Zoning Ordinance requirements given the proposed and possible future uses on the two lots in Hoppe Marketplace 3 rd Addition. Motion was made by Drotning, seconded by Maguire to recommend to City Council approval of the Hoppe Marketplace 3 rd Addition preliminary and final plat of two commercial lots, located east of Kenwood Trail (County Road 50) at Jubilee Way, and the vacation of public drainage and utility easements, subject to the following four stipulations: 1. Implementation of the recommendations listed in the April 12, 2013 engineering report. 2. The site shall be developed according to the preliminary and final plat plans approved by the City Council. 3. An agreement for shared driveway access and parking shall remain in full force and effect at all times between all lots in the Hoppe Marketplace and Hoppe Marketplace 2 nd and 3 rd Additions. 4. The site plan shall be subject to Planning Department approval for compliance with Zoning Ordinance requirements prior to the issuance of a building permit. A financial guarantee equal to the estimated cost and installation of landscape materials shall be submitted prior to the issuance of a building permit. Ayes: Swenson, Boerschel, Lillehei, Blee, Drotning, Maguire Nays: Grenz. Commissioner Grenz was willing to recommend approval of the preliminary plat only and not the final plat because normally the planning reports include information about parking, signs, etc. and these things were not included in the April 2, 2013 planning report. Chair Lillehei asked Commissioner Grenz if he understood that the Planning Commission was making a recommendation on a preliminary and final plat and the Planning Commission Meeting Minutes, April 18, 2013 Page 6 vacation of a public drainage and utility easement. Commissioner Grenz reiterated that he did not like that the planning report did not discuss the shared parking. 7. Stone Ridge Chair Lillehei opened the public hearing to consider the application of D. R. Horton for the following, located south of 188 Street on both the east and west sides of Kenwood Trail (County Road 50): A. The preliminary plat of 53 single family residential lots to be known as Stone Ridge. B. Zoning map amendment to rezone property from RS -2, Single Family Residential District to RS -3, Single Family Residential District, and C. The vacation of public drainage and utility easements. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mike Suel of D. R. Horton, Inc. — Minnesota presented an overview of their request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that D. R. Horton, Inc. has applied for a preliminary plat, rezoning and easement vacation to allow the development of 53 single family residential lots to be known as Stone Ridge. Mr. Dempsey indicated that the rezoning would allow part of the subject property to be rezoned from RS -2, Single Family Residential District to RS -3, Single Family Residential District to make the property zoning consistent with adjacent developed properties. He stated that the rezoning does not include the area on the west and south side of Kenwood Trail because that is already zoned RS -3, or the area identified as Outlot A located at the northeast corner of Kenwood Trail and the proposed extension of 188 Street because that will remain zoned RS -2 consistent with the adjacent properties in that area. Mr. Dempsey explained that a portion of the Stone Ridge preliminary plat is located within the Shoreland Overlay District of Lake Marion. He indicated that all lots in the preliminary plat that are located in the Shoreland Overlay District meet the minimum lot area and width requirements. Mr. Dempsey reviewed the minimum lot and block requirements and setback requirements for the RS -3, Single Residential District and how it will pertain to the Stone Ridge preliminary plat. Mr. Dempsey stated that Stone Ridge will be developed in two phases. He explained that D. R. Horton plans to submit a final plat for all of the lots north and east of Kenwood Trail and will outlot the Jewel Court cul -de -sac lots on the south side of Kenwood Trail. The current owner of the property, Stone Ridge Meadow, LLC, will retain ownership of the outlot on the south side of Kenwood Trail and will submit a separate final plat for those eight lots at a future date. Planning Commission Meeting Minutes, April 18, 2013 Page 7 Mr. Dempsey stated that regarding Stipulation 14, revised plans have been submitted to show Javelin Court (now Javelin Way) with a 60 foot right -of -way and 32 foot wide street rather than a future cul -de -sac. Mr. Dempsey stated that Stipulation 12 has been addressed with revised plans. Mr. Dempsey commented that a ghost plat showing the future extension of roads to the east as well as to the north of the proposed extension of 188 Street has been submitted by the developer. Mr. Dempsey indicated that there are existing drainage and utility easements that are proposed to be vacated with the Stone Ridge preliminary plat, which are described in detail in the April 12, 2013 engineering report. Mr. Dempsey stated that the April 17, 2013 Parks, Recreation and Natural Resources Committee meeting motion of approval was distributed at tonight's meeting. The City's 1999 Park and Open Space system Plan does not identify a need for park land within the Stone Ridge preliminary plat area. Staff is recommending a cash contribution to satisfy the park dedication requirements for the Stone Ridge plat. Mr. Dempsey stated that staff recommends approval of the Stone Ridge preliminary plat, rezoning and easement vacation subject to the 16 stipulations listed in the April 12, 2013 planning report. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Maguire, seconded by Boerschel to close the public hearing at 7:07 p.m. Ayes: Boerschel, Lillehei, Blee, Grenz, Drotning, Maguire, Swenson Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: The possibility of making a street connection to Jordan Trail for the lots on the southwest side of Kenwood Trail was discussed. Staff stated that this option was explored but due to topography, wetlands and private property ownership, this connection is not feasible. A possible trail connection from Jordan Court to Kenwood Trail will be explored with the final plat for this phase. Access to Jewel Court from Kenwood Trail was discussed. City Engineer Zach Johnson responded that a study is currently being prepared for the Kenwood Trail corridor in this area. It is likely that access will be restricted by Planning Commission Meeting Minutes, April 18, 2013 Page 8 Dakota County to Kenwood Trail. In addition, the County will determine whether a right turn lane at Jewel Court from Kenwood Trail will be required. Motion was made by Maguire, seconded by Boerschel to recommend to City Council approval of the Stone Ridge preliminary plat of 53 single family residential lots, zoning map amendment to rezone property from RS -2, Single Family Residential District to RS -3, Single Family Residential District, and the vacation of public drainage and utility easements, subject to the following 14 stipulations, as amended: 1. Implementation of the recommendations listed in the April 12, 2013 engineering report. 2. All houses shall meet the following minimum setback requirements of the RS -3, Single Family Residential Zoning District: Front Yard — 30 feet Rear Yard — 30 feet Buffer Yard — 50 feet Side Yards: Interior — 10 feet Corner — 20 feet Buffer — 30 feet 3. All new local utilities and any existing overhead service utilities shall be placed underground. 4. Park dedication shall be paid in cash with the final plat. 5. The developer shall construct 5 foot wide concrete sidewalks along one side of 188 Street, Javelin Avenue and Javelin Way. The developer shall submit a cash escrow with the final plat for future trail construction on the northeast side of Kenwood Trail 6. The house and accessory building removal shall require a demolition permit from the City prior to removal. 7. The existing well and septic systems within the plat area shall be abandoned in compliance with state and local requirements. 8. The maximum permitted impervious surface area is 25% for Lots 2 -7, Block 5 located in the Shoreland Overlay District. 9. Outlots B and C shall be deeded to the City with the final plat. 10. Buffer yard landscaping shall be installed according to the approved landscape plan. A security for the buffer yard landscaping shall be submitted with the final plat. 11. The developer shall install a sign at the intersection of Jewel Court and Kenwood Trail indicating that Jewel Court will be a future restricted access. 12.Any subdivision signs must be located within an outlot owned and maintained by a homeowner's association. 13.The developer shall obtain temporary turnaround easements and install "Future Street Extension" signs at the temporary turnarounds on Javelin Way and Javelin Avenue. Planning Commission Meeting Minutes, April 18, 2013 Page 9 14. The easement vacation is subject to the approval of the final plat for the respective development phases. Ayes: Lillehei, Blee, Grenz, Drotning, Maguire, Swenson, Boerschel Nays: 0 8. City of Lakeville Chair Lillehei opened the public hearing to consider an amendment to Title 11 (Zoning Ordinance), Chapter 29 of the Lakeville City Code concerning alternative energy systems. Planning Consultant Dan Licht presented the planning report. Mr. Licht explained that the reason for this proposed Zoning Ordinance amendment is that City staff has received requests for the installation of ground mounted solar energy systems greater than the 120 square feet in area currently allowed by the Zoning Ordinance. Mr. Licht stated that the intent of the regulation was to promote solar energy systems that would be attached to an existing building rather than placed as a stand -alone structure. He indicated that mounting a solar energy system on an existing structure may not be the best option in all situations to ensure maximum exposure of the system to sunlight. Mr. Licht indicated that the 120 square foot limit, which is a typical garden shed sized footprint, does not take into consideration varying minimum lot area requirements across the various zoning districts established within the City. As an example, Mr. Licht commented that the 10 acre minimum lot area requirement of a residential lot within the RA District can accommodate a much larger accessory structure in comparison to a single family lot within an RS -4 District. Mr. Licht stated that there is no standard formula for determining the required size of a solar energy system for a specific size principal building given that energy use will vary depending on the use and occupants. He indicated that the size of a solar energy system is determined by estimating the average energy needs for the use that must be obtained within a five hour period, which is a figure for the average peak sunlight hours within the United States. Mr. Licht explained that preliminary research by City staff indicates that a solar energy system as small as 120 square feet may not be adequate for a typical 3KW system needed for a 2,500 square foot home. Mr. Licht stated that staff recommends approval of the proposed Zoning Ordinance amendment as presented. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Planning Commission Meeting Minutes, April 18, 2013 Page 10 Motion was made by Blee, seconded by Drotning to close the public hearing at 7:24 p.m. Ayes: Blee, Grenz, Drotning, Maguire, Swenson, Boerschel, Lillehei Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Commissioner Grenz asked whether this applied to both water and electric systems. Mr. Licht indicated that this applies to the solar ray panels. Commissioner Grenz suggested that the next time we review the Subdivision Ordinance we clarify whether this includes solar water heaters and pool heaters. Motion was made by Boerschel, seconded by Maguire to recommend to City Council approval of an amendment to Chapter 29 of the Zoning Ordinance concerning alternative energy systems as presented. Ayes: Grenz, Drotning, Maguire, Swenson, Boerschel, Lillehei, Blee Nays: 0 9. Election of Officers Motion was made by Drotning, seconded by Maguire to nominate Commissioner Lillehei to the office of Chair for the year 2013, and to nominate Commissioner Boerschel to the office of Vice Chair for the year 2013, and to close nominations. Ayes: Drotning, Maguire, Swenson, Boerschel, Lillehei, Blee, Grenz Nays: 0 There being no further business, the meeting was adjourned at 7:27 p.m. Respectfully submitted, " ( , I Penny Bre ' Recording Secretary Brooks Lillehei, Chair