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HomeMy WebLinkAbout10-23-14CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES October 23, 2014 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, Jason Swenson, Paul Reuvers, Linda Maguire, Karl Drotning, Pat Kaluza, ex -officio member Nic Stevens Members Absent: None Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Kris Jenson, Associate Planner; Alex Jordan, Civil Engineer; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The October 2, 2014 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that the following item was distributed to the Planning Commission prior to tonight's meeting: • Draft minutes of the October 22, 2014 Parks, Recreation and Natural Resources Committee meeting regarding the Appaloosa Farm Addition and Summerlyn Northwest preliminary plats. Mr. Morey indicated that Vice Chair Bob Boerschel has resigned from the Planning Commission, effective immediately. 5. Spirit of Brandtjen Farm Chair Lillehei opened the public hearing to consider the application of SBF Development Corp. for the vacation of a public drainage and utility easement across part of Lots 7 and 8, Block 16, Spirit of Brandtjen Farm. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that SBF Development Corporation is requesting the vacation of the existing drainage and utility easement along the shared side lot line of Lots 7 and 8, Block 16, Spirit of Brandtjen Farm (SBF). He indicated that the reason for the request is to combine Lots 7 and 8 into one lot for the construction of a new house in the middle of the two combined lots. There are no public utilities located within the drainage and utility easement to be vacated. Planning Commission Meeting Minutes, October 23, 2014 Page 2 Mr. Morey stated that staff recommends approval of the drainage and utility easement vacation subject to the recording of a Zoning Lot Designation. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Reuvers, seconded by Maguire to close the public hearing at 6:05 p.m. Ayes: Swenson, Maguire, Lillehei, Reuvers, Kaluza, Drotning Nays: 0 Chair Lillehei asked for comments from the Planning Commission. There were no comments. Motion was made by Maguire, seconded by Swenson to recommend to City Council approval of the Spirit of Brandtjen Farm drainage and utility easement vacation across part of Lots 7 and 8, Block 16, Spirit of Brandtjen Farm. Ayes: Maguire, Lillehei, Reuvers, Kaluza, Drotning, Swenson Nays: 0 6. Verizon Wireless Chair Lillehei opened the public hearing to consider the application of Verizon Wireless for a Conditional Use Permit and Interim Use Permit to allow the construction of a personal wireless service antenna tower taller than 75 feet at Lakeville North High School. Ralph Wyndarden, Sr. Zoning Specialist with Falk & Foster presented a brief overview of the request. Mr. Wyndarden stated that this cell tower is necessary for the steady growth and coverage in this area of the city. He indicated that the proposed location of the 120 foot tall tower is the optimum location and height to accommodate the desired service coverage as well as allow space for additional wireless providers required by the Zoning Ordinance. Mr. Wyndarden stated that the proposed water tower off of Highview Avenue and 190th Street would not be able to accommodate Verizon's immediate service needs in the area of the proposed antenna tower location. Mr. Wyndarden stated that Verizon did consider the current T -Mobile tower located at Lakeville North High School but it was not tall enough for their service needs and could not structurally support an extension. The tower they are currently proposing is 40 feet taller than the T -Mobile tower and is structurally engineered to accommodate two additional carriers. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that a CUP is required to allow a personal wireless service antenna and tower that is not located on a public or quasi -public structure and an IUP is required because the tower exceeds 75 feet in height. This proposed tower would be 120 feet in height. Planning Commission Meeting Minutes, October 23, 2014 Page 3 Mr. Dempsey stated that the cell tower and the enclosed equipment building are proposed to be located west of the student vehicle parking lot and east of Ipava Avenue. He indicated that Verizon is proposing to install a "stealth" tower where the antenna equipment is located inside the hollow tower structure. The mechanical equipment for the tower and antenna will be located inside a concrete building adjacent to the tower. Mr. Dempsey stated that the design of the tower will allow at least two additional wireless service providers to occupy space inside the antenna tower consistent with Zoning Ordinance requirements. Mr. Dempsey explained why the existing T -Mobile tower on the high school property would not work to co -locate on, which is explained in detail in the October 17, 2014 planning report. Mr. Dempsey indicated that access to the proposed tower will be from internal school driveways east of Ipava Avenue and the tower color will match the bronze color of the existing T -Mobile tower on the property. Mr. Dempsey reviewed the performance standards criteria for a CUP, which are listed in detail in the October 17, 2014 planning report. Mr. Dempsey stated that an IUP is required for cell towers over 75 feet tall and the Zoning Ordinance allows the City to establish a date or event for the termination of the IUP. He indicated that consistent with previously approved cell tower IUP's, a stipulation is included stating that when the antenna tower is no longer used for the purpose of personal wireless services, the tower shall be removed within one year of the discontinuance of the use. A neighborhood meeting was hosted by Verizon Wireless representatives on August 27, 2014 at Lakeville North High School and no one from the public attended. Mr. Dempsey indicated that the City utilized a consultant firm, Owl Engineering, which has the technical expertise to review the application in relation to the Zoning Ordinance requirements. A copy of the Owl Engineering report dated September 29, 2014 was included with Mr. Dempsey's planning report. Mr. Dempsey stated that staff recommends approval of the Verizon Wireless Conditional Use Permit and Interim Use Permit subject to the 10 stipulations listed in the October 17, 2014 planning report. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Reuvers, seconded by Drotning to close the public hearing at 6:18 p.m. Ayes: Lillehei, Reuvers, Kaluza, Drotning, Swenson, Maguire Nays: 0 Planning Commission Meeting Minutes, October 23, 2014 Page 4 Chair Lillehei asked for comments from the Planning Commission. Discussion points included: • Commissioner Reuvers commented that 15 years ago this request would likely have been controversial but the requests have become fairly straight forward over the years. • Commissioner Swenson asked a Verizon representative to explain why the current T -Mobile tower at Lakeville North High School doesn't work for them. Mr. Wyndarden explained that Verizon's structural engineer determined that when the original tower was constructed it was not structurally designed to accommodate an extension. Verizon planned on using the original tower on their original application, but concluded that the tower wasn't tall enough for their service needs. He indicated that Verizon decided to locate their new tower at Lakeville North High School where the public is used to seeing a cell phone tower. Motion was made by Maguire, seconded by Drotning to recommend to City Council approval of a Conditional Use Permit and Interim Use Permit to allow the construction of a personal wireless service antenna tower taller than 75 feet at Lakeville North High School, subject to the following 10 stipulations: 1. The personal wireless service antenna shall comply with the requirements of Section 11-30-3 of the Zoning Ordinance. 2. The personal wireless service antenna shall not exceed 120 feet in height and shall be constructed in the location shown on the plans approved by the City Council. 3. A building permit shall be required prior to construction of the tower. All required FCC permits shall be obtained prior to issuance of a building permit for construction of the antenna tower. 4. The antenna tower shall be colored bronze or dark brown. 5. The tower shall be structurally designed to collapse upon itself within the confines of the school property in the event of a structural failure. A written statement from a structural engineer confirming the collapsible design shall be submitted prior to consideration of the conditional use permit and interim use permit by the City Council. 6. When the antenna tower is no longer used for personal wireless services the tower shall be removed within one year of the discontinuance of the use. 7. Retaining walls over four feet in height require design by a structural engineer and a building permit. 8. A chain link fence not exceeding eight feet in height shall enclose the equipment building area and antenna tower. The antenna shall be designed to be unclimbable without specialized equipment. Barbed wire is not permitted. 9. The diesel generator shall be equipped with a muffler or sufficient design so as not to exceed 50 decibels at the north and west property lines. The decibel estimate readings shall be submitted prior to City Council consideration of the conditional use permit and interim use permit. Planning Commission Meeting Minutes, October 23, 2014 Page 5 10.An FAA Obstruction Study to determine if there is any predicted impact to Airlake Airport shall be completed prior to the issuance of a building permit. Ayes: Reuvers, Kaluza, Drotning, Swenson, Maguire, Lillehei Nays: 0 7. Appaloosa Farms Addition Chair Lillehei opened the public hearing to consider the application of Robert Lane for the following, located west of Iteri Avenue and north of 194th Street: A. The preliminary plat of 4 single family residential lots to be known as Appaloosa Farms Addition; and B. Vacation of road easements for Iteri Avenue and 194th Street. Robert Lane presented a brief overview of his request. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that Robert Lane has applied for a preliminary and final plat of four single family residential lots. Development of this plat also requires the vacation of existing road easements for both 194th Street and Iteri Avenue. Ms. Jenson explained that the development site consists of one parcel that includes a home and one detached accessory structure. The home will remain on a lot created with this plat. She indicated that the accessory structure was removed over the past weekend. Ms. Jenson also indicated that the existing septic system has been abandoned and the existing well is currently only used for irrigation purposes, so stipulations 4 and 5 can be deleted from the list of stipulations listed in the October 16, 2014 planning report. Ms. Jenson stated that the proposed house pads shown on the preliminary plat plans indicate that the three new Tots have adequate building pad areas that meet setback requirements for principal structures. Ms. Jenson indicated that there is one outlot in the Appaloosa Farms Addition preliminary plat which consists of a wetland and proposed stormwater management basins that will be deeded to the City with the final plat. Ms. Jenson stated that there are 22 significant trees located within the Appaloosa Farms Addition preliminary plat boundaries. The tree preservation plan proposes to save 14 of the significant trees. Ms. Jenson stated that the Parks, Recreation and Natural Resources Committee recommended approval of the preliminary plat at their October 22, 2014 meeting. Ms. Jenson indicated that there is currently approximately 21,700 square feet in a road easement for the north half of 194m Street and west half of Iteri Avenue, adjacent to the Appaloosa Farms Addition plat. Right-of-way for the same area as the road easement for 194th Street and Iteri Avenue is included on the Appaloosa Farms Addition preliminary and final plat. Planning Commission Meeting Minutes, October 23, 2014 Page 6 Ms. Jenson stated that staff recommends approval of the of the Appaloosa Farms Addition preliminary plat and easement vacation subject to the amended 5 stipulations listed in the October 16, 2014 planning report. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Reuvers, seconded by Drotning to close the public hearing at 6:28 p.m. Ayes: Kaluza, Drotning, Swenson, Maguire, Lillehei, Reuvers Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points included: • Commissioner Drotning commented that the subdivision of this property was exactly what was envisioned by the neighborhood and City Council when the Appaloosa Farms neighborhood requested a City improvement project to install sanitary sewer and water lines and upgrade the streets several years ago. Commissioner Drotning indicated that it was a very nice plat. Motion was made by Swenson, seconded by Drotning to recommend to City Council approval of the Appaloosa Farms Addition preliminary plat of 4 single family residential Tots and the vacation of road easements for Iteri Avenue and 194th Street subject to the following 5 stipulations, as amended: 1. Implementation of the recommendations listed in the October 16, 2014 engineering report. 2. The recommendation of the Parks, Recreation and Natural Resources Committee. 3. All new local utilities and any existing overhead service utilities located on the property shall be placed underground. 4. Outlot A shall be deeded to the City with the final plat. 5. The 194th Street and Iteri Avenue road easement vacation is contingent upon the recording of the Appaloosa Farms Addition final plat. Ayes: Drotning, Swenson, Maguire, Lillehei, Reuvers, Kaluza Nays: 0 8. Summerlyn Northwest Chair Lillehei opened the public hearing to consider the application of US Homes (DBA Lennar) for a preliminary plat of 84 single family residential lots to be known as Summerlyn Northwest, located south of 190th Street and east of Dodd Boulevard (CSAH 9). Planning Commission Meeting Minutes, October 23, 2014 Page 7 Paul Tabone with Lennar was in attendance at tonight's meeting. Mr. Tabone presented a brief overview of the request. Mr. Tabone indicated that this preliminary plat is a continuation of the Summerlyn single family development occurring to the south of this property. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated Lennar has applied for a preliminary plat of 84 single family residential Tots to be known as Summerly Northwest. He indicated that the property currently includes four metes and bounds described parcels with no buildings on the property. There are wetland areas on the property that have been identified through a wetland inventory and delineation report dated September 5, 2013. Mr. Dempsey stated that the City's Parks, Trails and Open Space plan identifies a greenway corridor trail within the east side of the Summerlyn Northwest preliminary plat. The trail will connect with the greenway corridor trail to be constructed within the Summerlyn 1st and 2nd Additions to the south and the future greenway corridor trail to be constructed within the Summerlyn North preliminary plat to the east. Mr. Dempsey stated that the Summerlyn Northwest preliminary plat meets the single family lot area, lot width and buffer yard lot width and depth requirements of the RM - 1 District. Also, the proposed house pads for all 84 lots have adequate building pad areas that meet setback requirements. Mr. Dempsey reviewed the Zoning Ordinance requirements for buffer yard screening/landscaping along Dodd Boulevard and 190th Street. Mr. Dempsey stated that the Summerlyn Northwest preliminary plat proposes four outlots. Outlots A, B, and C will be deeded to the City and Outlot D will be retained by the developer for future acquisition by the County for the Dodd Boulevard improvements. Mr. Dempsey reviewed the proposed streets for the Summerlyn Northwest plat, which are described in detail in the October 16, 2014 planning report. Impala Way and Indora Trail will both have a temporary turnaround constructed within a temporary easement at the end of each street. These temporary turnarounds must be paved within one year if not extended with a future development phase. Mr. Dempsey stated that the Parks, Recreation and Natural Resources Committee recommended approval of the preliminary plat at their October 22, 2014 meeting. Mr. Dempsey stated that staff recommends approval of the Summerlyn Northwest preliminary plat subject to the 9 stipulations listed in the October 16, 2014 planning report. Chair Lillehei opened the hearing to the public for comment. Steve Rajavuori, 16659 Interlachen Boulevard Planning Commission Meeting Minutes, October 23, 2014 Page 8 Mr. Rajavuori urged that the Planning Commission vote against the plat. Due to the fatal accident last year on Dodd Boulevard near this proposed development, people are more aware than ever that Dodd Boulevard is dangerous and desperately needs to be expanded. He stated that the entire community of Lakeville has voiced concern about Dodd Boulevard over the past year. He stated that people are concerned about the safety of students and citizens. He asked why the Planning Commission would allow more houses to be built adjacent to Dodd Boulevard at this time. Why isn't this proposal waiting until the Dodd Boulevard expansion is completed? Will more innocent lives be lost due to the increased traffic on Dodd Boulevard? He believes there are too many developments under way adjacent to Dodd Boulevard and the new houses built in these developments will make Dodd Boulevard even more unsafe than it is today. There is no reason to allow this development to proceed. He again urged the Planning Commission to vote no on this request and asked the developer to wait until the Dodd Boulevard improvements are complete. Scott Paterni, 19161 Inndale Ct. Mr. Paterni stated that he is concerned about the future alignment of Dodd Boulevard and how the road expansion project may affect the landscaping on the west side. He asked that any additional right-of-way occur on the east side of Dodd Boulevard so it does not encroach onto the established residential development located on the west side. Chair Lillehei asked Civil Engineer Alex Jordan to address the Dodd Boulevard concerns. Mr. Jordan stated that both the City's and County's draft five year CIPs recommend that Dodd Boulevard be upgraded in 2016. Currently the City and County are working on draft plans for the Dodd Boulevard reconstruction. The Dakota County Plat Review Needs Map indicates a half right-of-way requirement of 75 feet and designates this roadway as a future four -lane divided roadway over its entire length. Mr. Jordan indicated that 190th Street between Iden Avenue and Holyoke Avenue is currently being reconstructed as a 44 foot wide, two-lane urban street. Until Dodd Boulevard is reconstructed, the 190th Street connection to Dodd Boulevard will remain closed. He stated that by-pass lanes have been constructed on Highview Avenue/Holyoke Avenue to accommodate the additional traffic that will be directed away from Dodd Boulevard in this interim period. Mr. Jordan stated that Dakota County has required an additional 15 feet of right-of- way which will be dedicated by Lennar for the reconstruction of Dodd Boulevard improvements. The trees located on private property on the west side of Dodd Boulevard would not be removed except as approved by the property owner. Motion was made by Drotning, seconded by Maguire to close the public hearing at 6:46 p.m. Ayes: Swenson, Maguire, Lillehei, Reuvers, Kaluza, Drotning Nays: 0 Planning Commission Meeting Minutes, October 23, 2014 Page 9 Chair Lillehei asked for comments from the Planning Commission. Discussion points included: • • Commissioner Reuvers shared in the concern about the safety of Dodd Boulevard. He explained that the Planning Commission is bound by the requirements of the Subdivision Ordinance when reviewing preliminary plats. He stated this preliminary plat fits very nicely with Lennar's other Summerlyn plats in this area. • Commissioner Drotning confirmed that 190th Street will remain closed until Dodd Boulevard is upgraded. Traffic from this development will be directed to go onto Highview Avenue/Holyoke Avenue, not Dodd Boulevard. He asked Mr. Tabone to describe the Summerlyn Northwest construction timing. • Mr. Tabone indicated that there are 30 to 40 home sites in Phases 1 and 2 of Summerlyn. They hope to begin grading in Summerlyn Northwest in the spring of 2015. He showed a rough phasing plan for Summerlyn Northwest that identified the first phase will be adjacent to, and have street access from, the fourth and final phase of Summerlyn, which will not be constructed for another year or two. • Chair Lillehei asked about a subdivision monument sign. Mr. Dempsey responded that the developer is not proposing one, but if they do it would need to be placed in a separate outlot owned and maintained by a homeowners association. • Commissioner Swenson confirmed that plans are currently in being worked on for the Dodd Boulevard improvements. Motion was made by Drotning, seconded by Reuvers to recommend to City Council approval of the Summerlyn Northwest preliminary plat of 84 single family residential lots subject to the following 9 stipulations: 1. Implementation of the recommendations listed in the October 16, 20145 engineering report. 2. The recommendations of the Parks, Recreation and Natural Resources Committee. 3. The recommendations of the Dakota County Plat Commission. 4. Outlots A, B and C shall be deeded to the City with the final plat. 5. The developer shall construct sidewalks on one side of all local streets within the subdivision except Illiad Circle. 6. The developer shall construct an eight foot wide bituminous greenway corridor trail through Outlots B and C as shown on the preliminary plat plans. 7. Buffer yard berming and landscaping shall be installed according to the approved landscape plan. 8. The rear yards of Lot 3, Block A and the side yards of Lot 1, Block B; Lot 1, Block C; and Lot 1, Block D adjacent to 190th Street shall be sodded to the 190th Street right-of-way line. A $1,000 cash escrow must be submitted with Planning Commission Meeting Minutes, October 23, 2014 Page 10 the building permit application for each lot to guarantee installation of the buffer yard sod. 9. Any subdivision monument signs are required to be placed in a separate outlot owned and maintained by a homeowners association. Ayes: Maguire, Lillehei, Reuvers, Kaluza, Drotning, Swenson Nays: 0 Chair Lillehei commended Lennar for providing the additional 15 feet of right-of-way for the future upgrade of Dodd Boulevard and thanked the public for their comments at tonight's meeting. There being no further business, the meeting was adjourned at 6:55 p.m. Respectfully submitted, Penny BreRecording Secret ATTEST: Brooks Lillehei, Chair