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HomeMy WebLinkAbout08-08-13CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES August 8, 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. Members Present: Jason Swenson, Linda Maguire, Bob Boerschel, Chair Brooks Lillehei, Paul Reuvers, Gerry Grenz, Karl Drotning, Ex- officio Shawn Fitzhenry Members Absent: None Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Daniel Licht, The Planning Company; Mark Hansen, Assistant City Engineer; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The July 25, 2013 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that the following items were distributed to the Planning Commission at tonight's meeting: 1. Parks, Recreation and Natural Resources Committee meeting motion regarding the Spirit of Brandtjen Farm 12 Addition. 2. Letter from the City Attorney's office regarding the standards for considering variances. Mr. Morey stated that the next Planning Commission meeting is scheduled for August 22, 2013 and will include a work session. 5. Tim and Traci Radtke Chair Lillehei opened the public hearing to consider the application of Tim and Traci Radtke for a Conditional Use Permit to allow the construction of a detached accessory building taller than 15 feet in height in the RS -3, Single Family Residential District and Shoreland Overlay District of Lake Marion, located at 19713 Jersey Avenue. Tim and Traci Radtke presented an overview of their request. Mr. Radtke explained that their current detached garage will be torn down and the new detached garage will be constructed in the same location. They are requesting the additional height with the new garage for personal storage and entertainment purposes. Planning Commission Meeting Minutes, August 8, 2013 Page 2 Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the Radtke's are proposing to construct a detached accessory building greater than the maximum height of 15 feet. They are proposing to remove the existing detached garage and detached shed and replace them with a new two level garage with an upper level party room. He indicated that the new garage will meet the side and front yard setbacks as required by the Zoning Ordinance, and will also meet the setback from the Lake Marion Ordinary High Water Level. Mr. Dempsey added that the total impervious surface area following construction of the proposed building will be less than the maximum of 25% allowed by the Zoning Ordinance Mr. Dempsey reviewed the floor plans for the proposed garage and pointed out that there will be a restroom on the upper level. Mr. Dempsey reviewed the applicable criteria of the general performance standards for the evaluation of a CUP request and identified the non - conformities on the property which must be brought into compliance as a stipulation of the conditional use permit. Mr. Dempsey stated that Planning Department staff recommends approval of the Radtke conditional use permit subject to the 8 stipulations listed in the August 2, 2013 planning report. Findings of fact were included in the packet material for the Planning Commission's review. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Drotning, seconded by Reuvers to close the public hearing at 6:12 p.m. Ayes: Swenson, Maguire, Boerschel, Lillehei, Reuvers, Grenz, Drotning Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points included: Due to the possibility that a floor drain could be installed in the proposed garage in the future (Mr. Radtke indicated that he has no intention of installing a floor drain), the Planning Commission wanted the following stipulation added: 9. Any floor drains in the garage must meet building code requirements. Motion was made by Reuvers, seconded by Drotning to recommend to City Council approval of the Radtke Conditional Use Permit to allow the construction of a detached accessory building taller than 15 feet in height in the RS -3, Single Family Residential District and Shoreland Overlay District of Lake Marion, located at 19713 Jersey Avenue, subject to the following 9 stipulations, as amended: Planning Commission Meeting Minutes, August 8, 2013 Page 3 1. The house and site improvements shall be constructed as shown on the plans approved by the City Council. 2. The building exterior shall be constructed in accordance with the building materials identified on the elevation plans. 3. No part of the detached accessory building shall be used for all or a portion of a home occupation, for commercial activities or for commercial storage, dwelling purposes, guest room or for any other overnight accommodations. 4. The detached accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. 5. Two new trees meeting minimum Zoning Ordinance requirements shall be planted in another location on the property to replace the significant tree to be removed. 6. A cash escrow of $2,000 shall be submitted prior to the issuance of a building permit to guarantee removal of the existing shed, the removal and installation of the existing and new driveway and the installation of two new trees. 7. A demolition permit shall be required prior to removal of the existing detached accessory building. 8. A building permit shall be required prior to commencing construction on the new building and construction and installation of sanitary sewer and water to the accessory building. 9. Any floor drains in the garage must meet building code requirements. Ayes: Maguire, Boerschel, Lillehei, Reuvers, Grenz, Drotning, Swenson Nays: 0 6. Spirit of Brandtjen Farm 12 Addition Chair Lillehei opened the public hearing to consider the application of SBF Development Corp. for a preliminary plat and PUD development stage plan of 52 single family lots to be known as Spirit of Brandtjen Farm 12 Addition, located east of Pilot Knob Road (C.R. 31) and south of 160 Street (C.R. 46). Jacob Fick, from SBF Development Corporation presented an overview of their request. Mr. Fick indicated that this plat will be very similar to the east side of the Spirit of Brandtjen Farm development with lots being 65 feet in width (cottage lots) and with Robert Thomas Homes being the builder. He stated that the location of the 12 Addition will create a new front door for the SBF development along Pilot Knob Road and will work around the current Aggregate Industries mining operation, which will be done in 2014. Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that the SBF 12 Addition preliminary plat includes 52 single family lots and four outlots located on 25 acres in the northwest quadrant of the Spirit of Brandtjen Farm PUD. Mr. Licht stated that there is no minimum lot area required by the SBF PUD District. He indicated that lots are regulated based on minimum width requirements, setbacks and design standards that were established by the SBF PUD Booklet in 2005. In Planning Commission Meeting Minutes, August 8, 2013 Page 4 this case, Mr. Licht stated that the 52 proposed lots are consistent with the setback requirements established for cottage lots. Mr. Licht stated that SBF 12 Addition is proposing access from Pilot Knob Road at 165 Street, which currently has full access turning movements. Given the planned access to East Community Park from 165 Street, the City has interest in seeing this intersection continue to allow for full access. Mr. Licht indicated that Streets A and B are designed with a 52 foot right -of -way and 28 foot wide street section plus bump out parking stalls only on the west side of the street. He added that this design is appropriate given potential higher traffic volumes on these streets. Mr. Licht stated that a landscape plan has been submitted and is consistent with the landscape concept plan from 2005, but shall be revised to specify that the plantings along Pilot Knob Road be setback a minimum of five feet from the property line. Mr. Licht stated that the Parks, Recreation and Natural Resources Committee reviewed the SBF 12 Addition preliminary plat at their August 7, 2013 meeting and unanimously recommended approval. There is no park dedication fees as there are still credits associated with the SBF PUD. Mr. Licht indicated that there are four outlots proposed with the SBF 12 Addition preliminary plat. Outlot A will be a future development phase and Outlots B, C, and D will all be deeded to the City. Mr. Licht indicated that the drainage and utility easements at the rear of Lots 17 -19, Block 1 must be increased to a minimum width of 20 feet to accommodate the required buffer yard per Zoning Ordinance requirements. Mr. Licht stated that staff recommends approval of the SBF 12 Addition preliminary plat and PUD development stage plans, subject to the 13 stipulations listed in the August 1, 2013 planning report. Chair Lillehei opened the hearing to the public for comment. Father Paul Jarvis, Pastor of the St. Joseph's Church in Rosemount Father Jarvis stated that St. Joseph's Church has a perpetual obligation to maintain the cemetery that lies just north of SBF 12 Addition along Pilot Knob Road. Father Jarvis would like to work with SBF Development Corp. to preserve the sanctity of the cemetery and protect the cemetery from dogs and people using the cemetery as a playground. He stated the cemetery is maintained by church volunteers. He indicated that they do not have a perpetual care fund and there are no active burials taking place at this cemetery. Father Jarvis would like to discuss with the developer a protective barrier that could be installed around the cemetery. Planning Commission Meeting Minutes, August 8, 2013 Page 5 Motion was made by Maguire, seconded by Boerschel to close the public hearing at 6:32 p.m. Ayes: Boerschel, Lillehei, Reuvers, Grenz, Drotning, Swenson, Maguire Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Chair Lillehei asked Mr. Morey to address Father Jarvis' barrier request. Mr. Morey indicated that the Zoning Ordinance does not require a buffer between a residential use and a cemetery. He did encourage Mr. Fick and the church to work together to address buffering between the single family homes and the cemetery. He indicated that the homeowners of the seven lots that will back up to the cemetery could install fences on the rear yards of their individual properties. • Commissioner Reuvers asked what Mr. Fick's thoughts were regarding Father Jarvis' comments. Mr. Fick stated that he would be more than happy to work with the church to come up with a solution. Mr. Fick would prefer not to have fences on the seven lots that are adjacent to the cemetery. He indicated that looking at the grading plan these seven lots don't flow right into the cemetery. There is a 3:1 slope between the back yards and the cemetery. Mr. Fick indicated that trees and /or shrubs would be the preferred solution. • The Planning Commission confirmed that there currently are both left and right turn lanes off of Pilot Knob into the development at 165 Street. Motion was made by Swenson, seconded by Drotning to recommend to City Council approval of Spirit of Brandtjen Farm 12 Addition preliminary plat and PUD development stage plans of 52 single family lots, located east of Pilot Knob Road (C.R. 31) and south of 160 Street (C.R. 46), subject to the following 13 stipulations: 1. SBF 12 Addition shall be developed consistent with the approved SBF Master Plan, the PUD booklet dated June 20, 2005 and the PUD Development Stage Plan /Preliminary Plat. 2. The single family lots within SBF 12 Addition are subject to the setback rPnuirPnnPnts Pstahlished for cottage lots: Setbacks Front Side Corner Rear House Garage Door Garage Interior House Garage Door Garage House Garage Pilot Knob Rd 20ft 25ft 20ft 7ft 15ft 25ft 15ft 20ft 10ft 50ft 3. The proposed right -ot -way dedication and access to Pilot Knox Koaa snail De subject to review and approval of the City Engineer and the Dakota County Plat Commission. 4. All street section designs are subject to review and approval of the City Engineer. Planning Commission Meeting Minutes, August 8, 2013 Page 6 5. The developer shall construct a trail through Outlot B between Street B and East Community Park and Outlot D between Pilot Knob Road and East Community Park. 6. The landscaping plan shall be revised to specify that the plantings along Pilot Knob Road be set back a minimum of five (5) feet from the property line. 7. Outlots B, C and D shall be deeded to the City. 8. The drainage and utility easements at the rear of Lots 17 -19, Block 1 shall be increased to a minimum width of twenty (20) feet to accommodate the required buffer yard in accordance with Section 11- 21 -9.E.2 of the Zoning Ordinance. 9. All drainage and utility easements shall be subject to review and approval of the City Engineer. 10. All grading, drainage and erosion control plans shall be subject to review and approval of the City Engineer. 11. All utility plans shall be subject to review and approval of the City Engineer. 12. Park dedication requirements shall be satisfied at the time of final plat approval as a cash fee in lieu of land based on the formula established by the SBF Master PUD Development Agreement minus any outstanding credits due from previous additions, subject to the recommendations of the Parks, Recreation and Natural Resources Committee. 13. The developer shall submit application for final plat approval within one (1) year of City Council approval of the PUD Development Stage Plan and Preliminary Plat as required by Section 10- 2 -2.D.6 of the Subdivision Ordinance. Ayes: Reuvers, Grenz, Drotning, Swenson, Maguire, Boerschel, Lillehei Nays: 0 Chair Lillehei recognized Mr. Fick and Tradition Development for their cooperation and continued flexibility throughout the Spirit of Brandtjen Farm PUD project. There being no further business, the meeting was adjourned at 6:45 p.m. Respectfully submitted, Penny Br &h, Recording Secre ary Brooks