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HomeMy WebLinkAbout12-18-14CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES December 18, 2014 Acting Chair Drotning called the meeting to order at 6 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Acting Chair Karl Drotning, Jason Swenson, Linda Maguire, Joe Blee, ex -officio member Nic Stevens Members Absent: Brooks Lillehei, Paul Reuvers, Pat Kaluza Others Present: Daryl Morey, Planning Director; Kris Jenson, Associate Planner; Alex Jordan, Civil Engineer; Roger Knutson, City Attorney; Judi Hawkins, Deputy City Clerk 3. Approval of Meeting Minutes The minutes of the November 20, 2014 Planning Commission meeting were approved as presented. 4. Announcements The following information was distributed to the Planning Commission: • December 17, 2014 Parks, Recreation and Natural Resources Committee meeting draft motions for the Raven Lake Third Addition and Berres Ridge preliminary plats • Item 12 materials that were inadvertently left out of the packet • January 2015 Planning Commission meetings will be held on the second and fourth Thursdays. The next Planning Commission meeting will be January 8, 2015. • Jeffrey and Tara Cohn (Agenda Item 6) have withdrawn their application for a variance from setback requirements at 10163 -205th Street W., so there will be no public hearing associated with this agenda item at tonight's meeting. 5. Election of Planning Commission Vice Chair Commissioner Joe Blee nominated Commissioner Jason Swenson as Planning Commission Vice Chair for the remainder of the term expiring March 31, 2015. There were no further nominations. Motion was made by Blee, seconded by Maguire to elect Commissioner Swenson to the office of Vice Chair for the remainder of the term expiring March 31, 2015, and to close nominations. Ayes: Maguire, Drotning, Blee, Swenson Nays: 0 Planning Commission Meeting Minutes December 18, 2014 Page 2 6. Jeffrey and Tara Cohn Due to the application for a variance being withdrawn, there was no public hearing. 7. Applied Power Products Acting Chair Drotning opened the public hearing to consider the application of APPRO Development on behalf of Bruce A. Lundeen, LLC for the vacation of a public drainage and utility easement located at 21005 Heron Way. Jack Matasosky representing APPRO Development on behalf of Bruce A. Lundeen, LLC gave a brief overview of the applications for vacation of public drainage and utility easements needed to facilitate the expansion of two businesses in Airlake Industrial Park (Applied Power Products and Fulford Group). Associate Planner Kris Jenson presented the planning report and stated that Applied Power Products wishes to expand their existing facility within the industrial park onto an adjacent lot. There is currently a perimeter easement along the property line between the two parcels which would need to be vacated. Utility companies in the area were notified and no objections were received. Planning Department staff recommends approval of the public drainage and utility easement vacation with no further stipulations as described in the December 11, 2014 planning report. Acting Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Blee, seconded by Maguire, to close the public hearing at 6:10 p.m. Ayes: Drotning, Blee, Swenson, Maguire Nays: 0 There was no further discussion by the Planning Commission. Motion was made by Maguire seconded by Blee, to recommend to City Council approval of the vacation of a public drainage and utility easement, located at 21005 Heron Way. Ayes: Blee, Swenson, Maguire Drotning, Nays: 0 This item will be considered by the City Council at their January 5, 2015 meeting. Planning Commission Meeting Minutes December 18, 2014 Page 3 8. Fulford Group LLC Acting Chair Drotning opened the public hearing to consider the application of James Fulford, Fulford Group, LLC, for the vacation of a 10 -foot wide public drainage and utility easement located at 21350 Cedar Avenue. The easement vacation is being requested in association with the Fulford Group 1st Addition preliminary and final plat, comprehensive plan amendment and rezoning approved by the City Council on November 17, 2014 and is needed for the expansion of the building to the east of the easement. Utility companies in the area were notified and no objections were received. Ms. Jenson stated that Planning Department staff recommends approval of the public drainage and utility easement vacation subject to one stipulation as described in the December 11, 2014 planning report. Acting Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Blee, seconded by Swenson to close the public hearing at 6:11 p.m. Ayes: Swenson, Maguire, Drotning, Blee Nays: 0 There was no further discussion from the Planning Commission. Motion was made by Blee, seconded by McGuire, to recommend to City Council approval of the vacation of a 10 -foot wide public drainage and utility easement located at 21350 Cedar Avenue, subject to one stipulation as described in the December 11, 2014 planning report: 1. The drainage and utility easement shall be vacated upon City Council approval of the Fulford Group 1st Addition final plat. Ayes: Swenson, Maguire, Drotning, Blee Nays: 0 This item will be considered by the City Council at their January 5, 2015 meeting. 9. Raven Lake Third Addition Acting Chair Drotning opened the public hearing to consider the application of NITI, LLC for the following located west of Jaguar Path, east of Kenwood Trail (CSAH 50), and north of 185th Street (CSAH 60): A. Preliminary and final plat of two (2) single family lots to be known as Raven Lake Third Addition. Planning Commission Meeting Minutes December 18, 2014 Page 4 B. Variance from Section 10-3-5.V of the Subdivision Ordinance concerning single family lot pad elevations. Steve Norton representing NITI, LLC presented a brief overview of the request. The applicant is proposing to combine two existing parcels to be platted into two single family lots, and three outlots. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that the variance request was discussed at the September 18, 2014 Planning Commission work session. The subdivision ordinance requires house pads to be 18" above adjacent roadways to accommodate gravity sanitary sewer and stormwater drainage. Staff supports the developer's request for a variance for the foundation elevation. An electric transmission line bisects the northwest corner of the property and creates additional challenges with the plat. An eyebrow cul-de-sac was originally proposed for the property but that type of cul-desac is no longer allowed by the City of Lakeville. Outlot C, the unpaved cul-de-sac, will be deeded to the City for utilities and snow storage. Staff supports the variance request and has identified seven criteria of the Zoning Ordinance which have been met by the developer. Staff is recommending approval of the Raven Lake Third Addition preliminary and final plat and variance subject to four stipulations listed in the December 11, 2014 planning report. Acting Chair Drotning opened the hearing to the public for comment. Mike Robb lives next door to the property and asked if there were covenants or requirements for building a certain size home in the neighborhood and also asked if the City would deed property for the driveways to the homeowners. Motion was made by Maguire, seconded by Blee, to close the public hearing at 6:22 p.m. Ayes: Swenson, Maguire, Drotning, Blee Nays: 0 Planning Director Morey stated that the zoning ordinance specifies minimum floor area requirements for single-family homes. The homeowners' driveways will be able to access Jaguar Path through Outlot C. Staff can check with the City Attorney to determine if an encroachment agreement would be needed. Mr. Norton stated that there are no covenants proposed for Raven Lake Third Addition since this addition has no relationship to the previous Raven Lake additions. The developer intends to sell the vacant lots. Motion was made by Maguire, seconded by Blee, to recommend to City Council approval of the Raven Lake Third Addition preliminary and final plat of two (2) single family lots; and variance from Section 10-3-5.V of the Subdivision Ordinance concerning single family house pad elevations subject to the following four stipulations: 1. The recommendations listed in the December 11, 2014 engineering report. Planning Commission Meeting Minutes December 18, 2014 Page 5 2. The recommendations of the Parks, Recreation and Natural Resources Committee. 3. Outlots A and C shall be deeded to the City with the final plat. 4. A custom grading plan, erosion control plan, tree preservation plan, and soil survey must be submitted with the building permit for Lots 1 and 2. Ayes: Drotning, Blee, Swenson, Maguire Nays: 0 The City Council will consider final approval of Raven Lake Third Addition preliminary and final plat at their January 20, 2015 meeting. 10. Berres Ridge Acting Chair Drotning opened the public hearing to consider the application of Berres Ridge Development, LLC for the following located north of 202nd Street (CSAH 50), west of Hamburg Avenue and east of Highview Avenue: A. Preliminary plat of 366 single family residential lots to be known as Berres Ridge; B. Comprehensive Plan amendment to bring approximately 21 acres of land into the current Municipal Urban Service Area (MUSA); and C. Zoning Map amendments for the following: 1. Rezone a portion of the property from RS -3, Single Family Residential District to RS -4, Single Family Residential District; 2. Rezone a portion of the property from P/OS, Park/Open Space District to RS -3, Single Family Residential District; and 3. Rezone that portion of the property to be brought into the current MUSA from RA, Rural/Agricultural District to RS -3, Single Family Residential District. John Anderson, representing Berres Ridge Development, LLC, presented a brief overview. The developer plans to begin construction on the first of six phases in the spring of 2015. Most of the property is owned by the Berres family, however some additional property is planned to be purchased from St. John's Lutheran Church. Associate Planner Kris Jenson presented the planning report. This is a request for approval of a preliminary plat and comprehensive plan amendment which includes bringing property into the MUSA and amending the Zoning Map. The current and proposed zoning was highlighted. There are three existing home sites on the property. The Berres homestead is being incorporated into the preliminary plat as Ms. Berres is choosing to remain in her home at this time. The home's driveway will be relocated to Heath Avenue and the home will be connected to City sewer and water. The other two homesteads will be platted into 10 -acre parcels and replatted as part of a future phase. An EAW was completed and a negative declaration was approved by the City Council. The density and average lot size is consistent with the requirements of the zoning ordinance. The City's comprehensive park plan does not identify parkland in this area. The Parks, Recreation and Natural Resources Committee recommended a cash contribution to satisfy the park dedication requirement. The Dakota County Plat Commission has reviewed and approved the preliminary plat. Planning Commission Meeting Minutes December 18, 2014 Page 6 Ms. Jenson stated that Planning Department staff recommends approval the Berres Ridge preliminary plat, the Comprehensive Plan amendment, and Zoning Map amendments subject to the 16 stipulations listed in the December 11, 2014 planning report. Acting Chair Drotning opened the hearing to the public for comment. Barry Fick, 10546 -202nd Street, on behalf of St. John's Lutheran Church, stated that they are in support of the project. They are requesting a curb -cut on the north side of St. John's Lutheran Church and informational signs to indicate to homebuyers the potential for a driveway access to the church to accommodate possible future expansion. He also asked about the sewer capacity that will be needed for the project and if that will affect future expansion of St. John's Lutheran Church. Mike Sobota, 20465 Howland Avenue, wished to clarify future accessibility of sewer capacity for building expansion at the St. John's Lutheran Church site; the planning report indicated that with the 21 acres being brought into the MUSA there may not be capacity for a future planned building. Steve Jensen, 20180 Hamburg Avenue, asked about the increased traffic on Hamburg. He was told there was a study about building a roundabout or a four -lane roadway and believes either option would require acquisition of his home. Chris Zweber, 20200 Hamburg Avenue, had questions about the City water and sewer connections and whether people in the area would be able to keep their septic systems and wells. She is also concerned about increased traffic and the condition of Hamburg. Motion was made by Blee, seconded by Maguire to close the public hearing at 6:51 p.m. Ayes: Blee, Swenson, Maguire, Drotning Nays: 0 The developer provided an update on the phasing plan and traffic flow. Hamburg Avenue will be upgraded to an Urban Section as part of Phase 3. Alex Jordan stated that there will not be a specific curb -cut for the church, but it will be a surmountable curb. St. John's would be allowed to install signage that complies with the sign ordinance. The drainage and sewer capacity study has taken the future St. John's Lutheran Church expansion into consideration. The statement in the planning report referred to bringing additional property into the MUSA beyond the proposed 21 acres. The City and County are in the preliminary design and feasibility study stage for the upgrade and reconstruction of 202nd Street/CR 50 from Holyoke Avenue to Cedar Avenue; however, this project is not in either CIP in the next five years. The developer will be required to install turn lanes at the 202nd Street/Hamburg Avenue intersection if that section of road is not reconstructed prior to the development connecting to Hamburg Avenue. The development is within the South Creek drainage area; no additional wells or water towers will be needed Planning Commission Meeting Minutes December 18, 2014 Page 7 to serve this development. There is no roundabout planned for Hamburg Avenue at this time. Traffic questions on 202nd Street (CSAH 50) can be referred to the County's transportation department. Commissioner Maguire expressed appreciation for the tree preservation plan proposed for the development. Commissioner Swenson asked what the timeline is for the phases. Mr. Anderson stated that this is projected to be a 6 -year project; the development should be ready for homes to be built in late summer or early fall of 2015, with the final phase being completed in 2020. Acting Chair Drotning stated that he appreciates the work by staff and the responsiveness of the developer. Motion was made by Maguire, seconded by Swenson to recommend to City Council approval of the Berres Ridge preliminary plat of 366 single family residential Tots, the Comprehensive Plan amendment to bring approximately 21 acres of land into the current Municipal Urban Service Area (MUSA); and Zoning Map amendments to rezone a portion of the property from RS -3, Single Family Residential District to RS -4, Single Family Residential District; rezone a portion of the property from P/OS, Park/Open Space District to RS -3, Single Family Residential District; and rezone that portion of the property to be brought into the current MUSA from RA, Rural/Agricultural District to RS -3, Single Family Residential District, subject to the following 16 stipulations: 1. The recommendations listed in the December 11, 2014 engineering report. 2. The recommendations of the Parks, Recreation and Natural Resourced Committee. 3. The developer's purchase of City -owned land at fair market value will be processed in conjunction with the final plat. 4. The developer shall construct 5 -foot wide concrete sidewalks along one side of Henley Lane, Harness Avenue, 201St Street, Hamlet Lane, Harrisburg Way, 199th Street, 198th Street, Heath Avenue, Hiawatha Lane, Hexham Way, Harvest Drive, Harbor Drive, Hammock Avenue, 197th Street, Henning Avenue, Hallock Avenue, and Hamburg Avenue (south of 200th Street). 5. The developer must construct five foot wide concrete sidewalks on both sides of 200th Street and Hamburg Avenue (north of 200th Street). The developer must construct and eight -foot wide bituminous trail on the east side of Highview Avenue. 6. The developer shall submit a cash escrow with the final plat for future trail construction on the north side of 202nd Street (CSAH 50). 7. "Future Street Extension" signs and barricades must be laced at the end of Hiawatha Lane, Hexham Way, Harvest Drive, 198th Street, Harbor Drive, Hammock Avenue, Henning Avenue, and 197th Street. 8. Temporary turnarounds must be constructed within a temporary turnaround easement and must be paved within one year on Hiawatha Lane, Hexham Way, Harvest Drive, Harbor Drive, Hammock Avenue, 197th Street, and Henning Avenue if any of these streets are not extended. Planning Commission Meeting Minutes December 18, 2014 Page 8 9. There may be no direct driveway access to Hamburg Avenue between 200th Street and 202nd Street. This applies to Lots 1 and 12, Block 23; Lots 9 and 10, Block 24; and Lot 18, Block 25. 10. All corner lots along Hamburg Avenue north of 200th Street must have their driveway access from the adjacent side street. This applies to Lots 6-7, Block 1; Lots 13-14, Block 2; Lot 11, Block 3; Lot 7, Block 4; Lot 5, Block 5; Lots 1, 8-9, Block 6, Lot 6, Block 7; Lot 1, Block 8; Lot 7, Block 9; Lots 1 and 13, Block 10; Lots 6-7, Block 11; Lots 4 and 7, Block 12; and Lots 18 and 20, Block 13. 11. All corner lots along 200th Street must have their driveway access from the adjacent side street. This applies to Lot 29, Block 13; Lots 1 and 12, Block 14; Lots 19 and 25, Block 15; Lots 1, Block 17; Lot 12, Block 19; Lots 1 and 23, Block 20; Lots 1 and 15, Block 21; Lots 1 and 4, Block 22; and Lot 3, Block 23. 12. The existing wells within the plat area shall be abandoned and the existing septic system and buildings shall be removed in compliance with state and local requirements. Building removal shall require a demolition permit from the City prior to removal. 13. Outlots A, B, C, D and E shall be deeded to the City with the final plat. 14. Buffer yard landscaping shall be installed according to the approved landscape plan. The White Fir trees at the rear of Lot 17, Block 25 must be planted in staggered rows no more than 15 feet apart and the two Austrian Pines at the rear of Lot 16, Block 25 must be a minimum of 10 feet in height. A security for the buffer yard landscaping shall be submitted with the final plat. 15. The location and design of the proposed subdivision monument sign on Lot 18, Block 25 must be included on the final plat plans for that phase of development. The sign must be a maintenance -free style and incorporated with the buffer yard landscaping. 16. That segment of 200th Street between Hamburg Avenue and Cedar Avenue must be paved prior to the construction of the 200th Street intersection with Hamburg Avenue (proposed for Phase 3). Ayes: Maguire, Drotning, Blee, Swenson Nays: 0 The City Council will consider final approval of the Berres Ridge preliminary plat at their January 5, 2015 meeting. 11. City of Lakeville Acting Chair Drotning opened the public hearing to consider an amendment to Section 11- 17-11.A.2 of the Lakeville Zoning Ordinance concerning exceptions to the setback requirements for terraces, steps, decks, and stoops. Planning Director Daryl Morey presented the planning report and stated that staff is requesting the amendment in order to clarify the language in the ordinance, which has Planning Commission Meeting Minutes December 18, 2014 Page 9 been in force since 2003. The intent of the ordinance is to allow setback exceptions for low- lying decks that are no more than 30 inches off the ground. Recently a resident's permit application for a deck expansion on an existing home was denied because it did not meet the 30' rear yard setback requirement. The resident is appealing staff's interpretation of the ordinance. This public hearing is for the purpose of clarifying the language in the ordinance regarding terraces, steps, decks and stoops that are 30 inches or Tess off the ground. Mr. Morey stated that planning staff recommends approval of the Zoning Ordinance amendment, as presented. Acting Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Blee, seconded by Maguire to close the public hearing at 7:14 p.m. Ayes: Swenson, Maguire, Drotning, Blee Nays: 0 Commissioner Maguire asked the City Attorney to describe the original intent of the ordinance in 2003. City Attorney Roger Knutson stated that the intent of the ordinance was to ensure that the regulations are not ambiguous and to minimize potential impact to the neighbors. Staff offered the applicant the option of waiting until the Planning Commission could review potential amendments to the deck setback exceptions but the applicant declined. Acting Chair Drotning agreed that the Planning Commission should further review the ordinance. Motion was made by Blee, seconded by Maguire to recommend to City Council approval of the amendment to Section 11-17-11.A.2 of the Lakeville Zoning Ordinance concerning exceptions to the setback requirements for terraces, steps, decks, and stoops, as presented. Ayes: Drotning, Blee, Swenson, Maguire Nays: 0 The City Council will consider the Zoning Ordinance amendment at their January 5, 2015 meeting. There being no further business, the meeting was adjourned at 7:19 p.m. Respectfully submitted, u •F Hawkins, Deputy City Clerk Planning Commission Meeting Minutes December 18, 2014 Page 10 ATTEST: ; Karl Drotning, Acting Chair