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HomeMy WebLinkAboutItem 03 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES January 8, 2015 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, Vice Chair Jason Swenson, Linda Maguire, Paul Reuvers, Pat Kaluza, Karl Drotning, 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 Prior to approving the December 18, 2014 Planning Commission meeting minutes, Mr. Morey explained that a redlined version of the minutes was distributed at tonight’s meeting making some clarifications and correcting some typos. 3. Approval of the Meeting Minutes The December 18, 2014 Planning Commission meeting minutes were approved as amended. 4. Announcements Mr. Morey stated that the following items were distributed to the Planning Commission prior to tonight’s meeting. 1. January 7, 2015 Parks, Recreation and Natural Resources Committee draft motion regarding the Kenyon Avenue Retail preliminary plat. 2. Amended stipulation for Agenda Item 5, Gary Ziehr Easement Vacation. 3. Amended Findings of Fact for Agenda Item 8, Argonne Senior Housing Zoning Map Amendment. 4. Revised building exterior finish drawings for Agenda Item 9, Kenyon Avenue Retail. 5. Redlined version of the December 18, 2014 Planning Commission minutes. 5. Gary Ziehr Chair Lillehei opened the public hearing to consider the application of Gary Ziehr for the vacation of a public drainage and utility easement located at 16369 and 16375 Holbrook Avenue. Mr. Ziehr presented a brief overview of his request. Mr. Ziehr indicated that this issue came about as a result of an oversight during installation of his fence. His Planning Commission Meeting Minutes, January 8, 2015 Page 2 neighbor, Jeff Jenkins, is in agreement and will sell a portion of his property to correct the error. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that Mr. Ziehr has submitted an application to vacate the existing drainage and utility easement along the shared side lot line of Lots 3 and 4, Block 2, Vermillion Springs. His request is in conjunction with an application for an administrative subdivision to adjust the common lot line between his property and his neighbor, Jeff Jenkins. Mr. Jenson indicated that a fence permit was issued by the City of Lakeville in August of 2013. During the final inspection of the fence, the Zoning Enforcement Technician discovered that the fence was installed across the south side property line, onto Mr. Jenkins’ property. Mr. Ziehr discussed his options with staff and after discussions with Mr. Jenkins, he submitted an Administrative Subdivision application. This request meets the Zoning Ordinance requirements, but before a letter can be issued to allow the subdivision to be recorded, the existing public drainage and utility easement along the common lot line must be vacated. The recording of the lot line adjustment will include the dedication of new five foot wide public drainage and utility easements on either side of the new common lot line. Per the request of Chair Lillehei, Ms. Jenson read the definition of “easement” that is in the Lakeville Zoning Ordinance. Ms. Jenson indicated that an amended stipulation was distributed at tonight’s meeting and stated that staff recommends approval of the easement vacation subject to the stipulation listed in the December 30, 2014 planning report, as amended. 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 6:07 p.m. Ayes: Maguire, Swenson, Lillehei, Reuvers, Kaluza, Drotning. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. There were no comments from the Planning Commission regarding this agenda item. Motion was made by Drotning, seconded by Reuvers to recommend to City Council approval of the Ziehr vacation of a public drainage and utility easement located at 16369 and 16375 Holbrook Avenue, subject to the following stipulation, as amended: 1. The easement vacation is subject to the approval and recording of the Administrative Subdivision and new drainage and utility easements. Planning Commission Meeting Minutes, January 8, 2015 Page 3 Ayes: Swenson, Lillehei, Reuvers, Kaluza, Drotning, Maguire. Nays: 0 6. Berres Ridge Chair Lillehei opened the public hearing to consider the application of Berres Ridge Development Co., LLC for the vacation of the following, located along 202nd Street (CSAH 50), Hamburg Avenue and Highview Avenue: A. Easement for street and utility purposes along 202nd Street (CSAH 50) and Hamburg Avenue; B. Easement for public roadway, drainage, and utility purposes along Highview Avenue. John Anderson on behalf of Berres Ridge Development, LLC, presented a brief overview of their request. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that Berres Ridge Development, LLC have requested two easements to be vacated in conjunction with the preliminary plat of Berres Ridge. She indicated that the first is an easement along Hamburg Avenue and 202nd Street (CSAH 50). The Berres Ridge preliminary plat proposes to replace this easement with platted right-of-way. The second easement is located on the east half of Highview Avenue, along the Berres Ridge plat boundary. Highview Avenue is a rural gravel section of roadway that will be upgraded to an urban section along the plat boundary. Ms. Jenson stated that the portion of the easement adjacent to the Paul and Sandra Anderson property will not be vacated. The existing easement is proposed to be vacated and will be replaced with platted right-of-way on the Berres Ridge final plat. Ms. Jenson indicated that the utility companies were notified and none expressed an objection to the vacation. Xcel Energy stated that the developer would be responsible for any costs associated with the relocation of existing facilities, if necessary. Ms. Jenson stated that staff recommends approval of the easement vacation subject to City Council approval and recording of the Berres Ridge final plat. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Maguire, seconded by Reuvers to close the public hearing at 6:11 p.m. Ayes: Lillehei, Reuvers, Kaluza, Drotning, Maguire, Swenson Nays: 0 Chair Lillehei asked for comments from the Planning Commission. There were no comments from the Planning Commission on this agenda item. Planning Commission Meeting Minutes, January 8, 2015 Page 4 Motion was made by Maguire, seconded by Reuvers to recommend to City Council approval of the easement for street and utility purposes along 202nd Street (CSAH 50) and Hamburg Avenue and the easement for public roadway, drainage, and utility purposes along Highview Avenue, subject to the following stipulation: 1. The easement vacations are subject to the approval and recording of the Berres Ridge final plat. Ayes: Reuvers, Kaluza, Drotning, Maguire, Swenson, Lillehei Nays: 0 7. Setzer Properties Chair Lillehei opened the public hearing to consider the application of Setzer Properties for the vacation of 217th Street public right of way, located east of Dodd Boulevard (CSAH 9) and south of 215th Street (CSAH 70). Kevin Teppen, on behalf of the applicant, presented a brief overview of the request. Mr. Teppen explained that this request will clean up some excess right-of-way in conjunction with the final plat of FedEx Lakeville. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Setzer Properties has submitted an application for the vacation of two portions of 217th Street right-of-way to accommodate the road design and connection of Humboldt Road to 217th Street as planned with the preliminary plat of FedEx Lakeville. The right-of-way vacation is being made in conjunction with the dedication of Humboldt Avenue right-of-way with the FedEx Lakeville final plat. Mr. Dempsey stated that utility companies with a potential interest in the right-of-way vacation have been notified. Dakota Electric responded with concerns about their facilities in the right-of-way and recommended a temporary easement cover the vacated right-of-way until the relocation work is complete. Mr. Dempsey stated that staff recommends approval of the road right-of-way vacation subject to the one stipulation listed in the December 31, 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 6:17 p.m. Ayes: Kaluza, Drotning, Maguire, Swenson, Lillehei, Reuvers Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points included: Planning Commission Meeting Minutes, January 8, 2015 Page 5 • Chair Lillehei asked how a temporary easement would be put in place. Mr. Dempsey indicated that a separate easement document would be drafted for approval by the City Council with the final plat. Motion was made by Swenson, seconded by Drotning to recommend to City Council approval of the 217th Street right-of-way vacation subject to the following stipulation: 1. Approval of the vacation is subject to City Council approval of the FedEx Lakeville final plat. Ayes: Drotning, Maguire, Swenson, Lillehei, Reuvers, Kaluza Nays: 0 8. Argonne Senior Housing Chair Lillehei opened the public hearing to consider the application of the Dakota County CDA for the following, located northeast of Junelle Path and south of 175th Street: A. Zoning Map amendment to rezone property from O-R, Office/Residential Transition District to PUD, Planned Unit Development District. B. Continuation of the public hearing for the preliminary plat of one lot to be known as Argonne Senior Housing. Kari Gill from the Dakota County CDA presented a brief overview of their request. Ms. Gill indicated that the CDA has withdrawn their CUP application and submitted a Zoning Map amendment to change the zoning of the property to PUD, per the Planning Commission’s and staff’s recommendation at the November 20, 2014 meeting. She stated that they have not made any changes to the building and the site plans since the November 20th meeting. Ms. Gill reviewed what the senior housing building will include and stated that the building will be independent living for seniors. The building will be owned and managed by the CDA. Ms. Gill explained that their plan is to acquire the property in 2015 but start construction in 2016. Ms. Gill indicated that she had a conversation with Ron Gerk, a resident that lives at 10466 175th Street, who was unable to attend tonight’s meeting. Mr. Gerk requested the CDA add some landscaping and change some deciduous trees to evergreen trees at the rear of the building to help block headlight glare. The CDA does not have any concerns with those requests. Mr. Gerk also mentioned adding a fire lane. Ms. Gill told Mr. Gerk that she would have to check with staff to see if that is even feasible. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that at the November 20, 2014 Planning Commission meeting, the Argonne Senior Housing preliminary plat and CUP requests were tabled by the Planning Commission to address the proposed density of the use by rezoning the property to PUD, Planned Unit Development District. Ms. Jenson indicated that the CDA has since withdrawn their CUP application and submitted a Zoning Map amendment Planning Commission Meeting Minutes, January 8, 2015 Page 6 application to rezone the property to PUD, as recommended by the Planning Commission. Ms. Jenson reviewed the rezoning request to PUD and its purpose. Ms. Jenson explained that the Planning Commission expressed their support for the project at their November 20th meeting, but it was also felt that rezoning the property to PUD was a more appropriate designation for the property. She reviewed the site plan including the setbacks and building height with regard to the proposed PUD. Regarding the amendments to the landscape plan, Ms. Jenson indicated that the following stipulation can be added to staff’s recommendation: A revised landscape plan that adds landscaping and changes deciduous trees to evergreen trees at the rear of the building must be submitted prior to City Council consideration of the preliminary plat and zoning map amendment. Ms. Jenson stated that staff recommends approval of the Argonne Senior Housing preliminary plat and zoning map amendment, subject to the stipulations listed in the December 31, 2014 planning report, as amended. Chair Lillehei opened the hearing to the public for comment. Lynn Peterson, Owner of Lynn’s Auto Body Shop, 17540 Junelle Path Mr. Peterson’s concerns are: • His driveway access. Mr. Peterson feels his driveway access onto 175th Street is a dangerous one. Mr. Peterson indicated that he spoke with Community and Economic Development Director David Olson regarding the possibility of him getting a shared driveway access onto Junelle Path with the Argonne Senior Housing plat. • Mr. Peterson read from the City engineering report for a previously proposed office project on this property that never developed. The report recommended a shared driveway access with Mr. Peterson’s property. He feels that this access has been taken away from him. • He feels his property could become landlocked with the Argonne Senior Housing development and the possible development of the property to the east of him, with no chance for developing his 1.22 acres because it is too small. • Mr. Peterson also had a concern with the pond that the CDA is proposing with this development. The pond is 90 feet from his house. He feels these ponds are an eyesore and would like the pond moved to the east. • Mr. Peterson asked if the property to the east of him is developing and if they are looking at a grading permit at this time. Planning Commission Meeting Minutes, January 8, 2015 Page 7 Motion was made by Maguire, seconded by Reuvers to close the public hearing at 6:32 p.m. Ayes: Maguire, Swenson, Lillehei, Reuvers, Kaluza, Drotning Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points included: • Chair Lillehei asked Civil Engineer Alex Jordan to comment on the pond location. Mr. Jordan stated the developer concluded that the best location for the stormwater basin (pond) is the location they are proposing with the plans being considered at tonight’s meeting. He indicated that ponds can be an eyesore, but the proposed landscaping around this pond should help. Mr. Jordan indicated that there are definite benefits to stormwater basins. They help clean stormwater runoff, which drains to wetlands and ultimately to the ground water system. • Mr. Jordan explained that the pond is currently located where the driveway access was proposed with the previous development. Staff would like to keep the Argonne Senior Housing driveway at the proposed location so that it lines up with the access drive to the Argonne Village development on the other side of Junelle Path. • Mr. Morey stated the Zoning Ordinance does not require that the CDA provide driveway access to Mr. Peterson’s property. The previously proposed office building was more commercial in nature and a shared driveway access with Mr. Peterson’s property would have been more appropriate. • Mr. Morey stated that there is potential for the existing Lynn’s Auto Body driveway to connect to the property to the east, which is also zoned commercial and owned by United Properties, when it develops. Mr. Peterson could work with United Properties or the purchaser of that parcel for a shared driveway access onto 175th Street east of his existing location. • Commissioner Drotning indicated that he has no conflict of interest due to his previous ownership of the parcel east of Lynn’s Auto Body, per the City Attorney. That being said, he addressed Mr. Gerk’s comments. Commissioner Drotning was pleased that the CDA is willing to amend the landscaping at the rear of their building. Regarding the fire lane, not all properties need or have a fire lane. As long as the Fire Department has access to the building he was not concerned about adding a fire lane at the rear of the building. • Commissioner Drotning commented on the grade difference from the pond to the edge of Mr. Peterson’s property. He noted that there will be landscaping planted adjacent to the pond. He indicated that there is benefit for Mr. Peterson to work with United Properties when the property to the east of Lynn’s Auto Body develops. He indicated that the size of Mr. Peterson’s lot meets Zoning Ordinance requirements and he has a lot of options for the future redevelopment of his property. Planning Commission Meeting Minutes, January 8, 2015 Page 8 Motion was made by Swenson, seconded by Maguire to recommend to City Council approval of the Argonne Senior Housing preliminary plat and zoning map amendment to rezone property from O-R, Office/Residential Transition District to PUD, Planned Unit Development District subject to the following 6 stipulations, as amended: 1. Implementation of the recommendations listed in the November 13, 2014 engineering report. 2. Implementation of the recommendations of the Parks, Recreation and Natural Resources Committee. 3. The site and buildings shall be developed in compliance with the plans as approved by the City Council and in accordance with Zoning Ordinance requirements. 4. A sign permit shall be issued by the Planning Department prior to the installation of any signs. The proposed monument sign must be set back 15 feet from the Junelle Path right-of-way. 5. Snow storage shall not take place in required parking spaces. If there is not adequate space to store snow on site, snow must be hauled from the site. 6. The transformer unit and any other exterior mechanical equipment must be screened with an opaque fence. 7. A revised landscape plan that adds landscaping and changes deciduous trees to evergreen trees at the rear of the building must be submitted prior to City Council consideration of the preliminary plat and zoning map amendment. Commissioner Drotning stated this project will be an advantage to the majority of the property owners to the east of the Argonne Senior Housing plat because it provides a residential use buffer between the existing single family homes and the commercial development along CSAH 50. Ayes: Swenson, Lillehei, Reuvers, Kaluza, Drotning, Maguire Nays: 0 Chair Lillehei stated this is a wonderful project that is in the right location. 9. Kenyon Avenue Retail Chair Lillehei opened the public hearing to consider the application of Diversified Equity Investment, LLC for the following, located south of 162nd Street (CSAH 46) and north and east of Kenyon Avenue: A. Preliminary plat of one commercial lot and one outlot to be known as Kenyon Avenue Retail. B. Conditional Use Permit to allow: 1. More than one principal building on a commercial lot. 2. Impervious surface area greater than 25% in the Shoreland Overlay District of Lee Lake. 3. A drive-in and convenience food establishment in the C-3 District. Sheldon Berg with DJR Architects presented a brief overview of their request. Mr. Berg indicated that he has been working with staff for approximately six months regarding platting, site design and access issues. It’s a challenging piece of Planning Commission Meeting Minutes, January 8, 2015 Page 9 property. He stated they are looking to develop this property with a couple of retail buildings, one with a drive through convenience food use. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the preliminary plat proposes one lot and one outlot for the subject property, which consists of four metes and bounds described parcels totaling 4.58 acres. Lot 1 proposes the development of two buildings totaling 12,000 square feet which would include multi-tenant retail and restaurant uses as allowed by the C-3, General Commercial District. The two principal buildings on a single parcel, the proposed drive-through and convenience food establishment, and the impervious surface area greater than 25% in the Shoreland Overlay District of Lee Lake require approval of a CUP. Mr. Dempsey stated that portions of the existing parcels included in the preliminary plat were acquired by Dakota County in conjunction with the Interstate 35/CSAH 46 interchange construction project in the mid 1990’s resulting in the current configuration of the developable area of the property. Mr. Dempsey stated the developer will construct a right-turn lane on Kenyon Avenue at the proposed driveway access as well as restripe Kenyon Avenue to allow for left turn lanes as recommended by the traffic study conducted by the City’s transportation consultant, SRF. Mr. Dempsey indicated that a traffic signal is anticipated at the intersection of Kenyon Avenue and 162nd Street (CSAH 46), which the developer will be required to pay one-third of the City’s 45% share of the cost of the traffic signal. Mr. Dempsey reviewed the specific performance standards for the Kenyon Avenue Retail CUP, which are listed in detail in the December 31, 2014 planning report. Mr. Dempsey reviewed the site plan submitted with the preliminary plat based on Zoning and Subdivision Ordinance requirements, which include landscaping/screening, parking/circulation, building design and height, roof-top mechanical equipment screening, trash enclosure, snow storage, and lighting. Mr. Dempsey stated that cross driveway access between the uses on Lot 1 and the future use on Outlot A was designed into the development of this property. A revised building exterior elevation plan was handed out at tonight’s meeting. The plan was revised to meet the minimum requirements of the Zoning Ordinance. Mr. Dempsey also commented that the DNR had been notified of the CUP for impervious surface area greater than 25% and indicated that the DNR decided to not provide any comments. Mr. Dempsey stated that staff recommends approval of the Kenyon Avenue Retail preliminary plat and conditional use permit subject to the 19 stipulations listed in the December 31, 2014 planning report. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Planning Commission Meeting Minutes, January 8, 2015 Page 10 Motion was made by Drotning, seconded by Maguire to close the public hearing at 6:59 p.m. Ayes: Lillehei, Reuvers, Kaluza, Drotning, Maguire, Swenson Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points included: • Commissioner Drotning asked if the ponding requirement for this property was met with the ponds constructed with freeway interchange. Alex Jordan indicated that this development must provide ponding on-site. Commissioner Drotning agreed that this is a very challenging site to develop. He commented that the developer may want to install a pavement heating system for the convenience food drive-thru lane since it is proposed to be located on the north side of the building. • Commissioner Swenson expressed appreciation for the turning movement exhibit. • Commissioner Reuvers asked whether a stipulation should be added to address the truck turning movement conflicts shown on Exhibit G. Mr. Dempsey stated that the developer is proposing to construct 102 parking spaces. Only 68 parking stalls are required so staff believes that adjustments can be made to the parking lot design to accommodate delivery truck turning movements. • Chair Lillehei asked for the developer’s thoughts on the truck turning radius issue. The developer indicated that the critical issue will be the type of vehicles maneuvering through the space: delivery trucks, fire trucks, SUV’s, etc. They are open to looking at adjustments to the site design. • Mr. Jordan stated that there is room for flexibility in the parking lot design to address truck turning movements and that the plans should be revised prior to City Council consideration. • Stipulation 11 was recommended to be amended to read as follows: 11. Staff is confident that minor amendments to the site plan could accommodate vehicle and trailer turning movements. The site plan shall be amended to accommodate delivery truck turning movements prior to City Council consideration of the planning actions. • Chair Lillehei asked for the trash enclosure location to be identified. Motion was made by Maguire, seconded by Drotning to recommend to City Council approval of the Kenyon Avenue Retail preliminary plat of one commercial lot and a Conditional Use Permit to allow the following; 1. More than one principal building on a commercial lot, 2. Impervious surface area greater than 25% in the Shoreland Overlay District of Lee Lake, and 3. A drive-in and convenience food establishment in the C-3 District, subject to the following 19 stipulations, as amended: Planning Commission Meeting Minutes, January 8, 2015 Page 11 1. Implementation of the recommendations listed in the December 31, 2014 engineering report. 2. Implementation of the recommendations of the Parks, Recreation and Natural Resources Committee. 3. The site shall be developed in compliance with the site plan and building plans prepared by DJR Architects and the engineering plans prepared by CivilSite Group Engineers as approved by the City Council. 4. The right turn taper lane and Kenyon Avenue striping shall be financed and constructed by the developer according to the plans approved by the City Council. 5. The developer shall dedicate a 15 foot wide trail, drainage and utility and retaining wall easement along the north 15 feet of the plat adjacent to 162nd Street (CSAH 46). 6. The developer shall submit a cash fee for the future signalization of 162nd Street (CSAH 46) and Kenyon Avenue totaling one-third of the estimated 45% City cost to fund the future signal. 7. Landscaping shall be installed according to the landscape plan approved by the City Council. A financial security shall be submitted with the final plat plans to guarantee installation of the landscaping. 8. All signs shall comply with Zoning Ordinance requirements. A comprehensive sign plan shall be submitted for staff review prior to the issuance of any sign permits. A sign permit must be issued by the City prior to the installation of any signs. 9. Site and building lighting shall be installed consistent with the approved lighting plan and photometric plan approved by the City Council. Parking lot lighting shall be down-cast cut-off type fixtures only. Tilt-up light fixtures are not permitted. Building lighting shall be down-cast only as required by the Zoning Ordinance. 10. Prior to City Council consideration of the preliminary plat and conditional use permit, the building exterior plans shall be amended to demonstrate compliance with the requirements of the Zoning Ordinance. All building materials shall be prefinished and integrally colored. Painted masonry is not permitted. 11. The site plan shall be amended to accommodate delivery truck turning movements prior to City Council consideration of the planning actions. 12. All of the property including buildings and common areas shall at all times be owned by a single entity or shall be under condominium ownership pursuant to Minnesota statutes 515A.1-106. A copy of the property ownership, covenants and maintenance responsibility documents shall be submitted for City Attorney review with the final plat. 13. All exterior utility meters and fixtures shall be located in interior side or rear yard areas when possible and shall be screened from public right-of- way. 14. All private sanitary sewer services and maintenance shall be the responsibility of the property owner or association. Planning Commission Meeting Minutes, January 8, 2015 Page 12 15. All loading and deliveries must take place at the front door entrances of the building during off-peak hours of operation so it will not interfere with on-site traffic circulation. 16. A northbound right turn lane, southbound left turn lane and Kenyon Avenue striping shall be installed on Kenyon Avenue in accordance with the SRF traffic study recommendations. 17. The sight visibility area west of the driveway access shall at all times be kept clear of visual obstructions, including snow storage. 18. The trash enclosure gates shall be constructed of maintenance free PVC vinyl or pre-finished metal. 19. Snow storage shall not occur within required parking spaces and shall not infringe upon vehicle site circulation or sight visibility. Ayes: Reuvers, Kaluza, Drotning, Maguire, Swenson, Lillehei Nays: 0 There being no further business, the meeting was adjourned at 7:09 p.m. Respectfully submitted, _______________________________________ Penny Brevig, Recording Secretary ATTEST: _______________________________________ Brooks Lillehei, Chair