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HomeMy WebLinkAbout01-07 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES January 7, 2016 Chair Swenson 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 Jason Swenson, Brooks Lillehei,Karl Drotning, Alternates Jason Kelvie and Tom Thorstenson, Ex-officio member Nic Stevens Members Absent: Vice Chair Linda Maguire, Paul Reuvers, Pat Kaluza, Scott Einck Others Present: Daryl Morey, Planning Director, Kris Jenson, Associate Planner; Daniel Licht, The Planning Company;and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The December 3, 2015 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that the following were distributed to the Planning Commission regarding Agenda Item 5, Rosehenge Hall CUP Amendment: November 8, 2012 Planning Commission minutes for the original CUP public  hearing. E-mail from a resident voicing their concerns about the request for extended  hours. Mr. Morey indicated that the annual Zoning Ordinance update work session st discussion will be held immediately following the January 21 regular Planning Commission meeting. 5. George Maverick, Rose Mountain LLC Chair Swenson opened the public hearing to consider the application of George Maverick for an amendment to Conditional Use Permit No. 12-14 that would extend the hours of operation for a private community center in an RM-1, Medium Density Residential Zoning District. George Maverick presented a brief overview of his request. He reviewed the measures he has put in place to minimize potential impacts to the surrounding residential properties, including a new sound system, using an in-house DJ for all events, posting a staff member at the door to keep guest from exiting the building with alcoholic drinks, and keeping doors closed at all times. The building was also remodeled to remove a large window on the east side of the building and replaced it Planning Commission Meeting Minutes, January 7, 2016 Page 2 with a wall. He indicated that his business is not a very intensive use and that there are about 30 events a year. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that the proposed CUP amendment would allow the Rosehenge Hall, a private community center located at 20732 Holt Avenue, to stay open to midnight on Friday and Saturday evenings, as well as on six other days throughout the year, which are listed in the December 30, 2015 planning report. The six days requested were chosen because the following day is a major holiday and is typically a day off of work for most people. The original CUP stated the facility was permitted to operate from 7:00 a.m. to 10:00 p.m., Sunday through Thursday and 7:00 a.m. to 11:00 p.m. on Friday and Saturday. Ms. Jenson stated that staff asked for input from the Lakeville Police Department as to whether there were calls for service from Rosehenge Hall since the CUP was approved in 2012. Since January 1, 2013 there has been one public assist call and no calls regarding noise complaints, crimes, or suspicion calls. Ms. Jenson indicated that she received two phone calls regarding Mr. Maverick’s CUP amendment request. Neither expressed specific concerns about the extended hours. She received an e-mail from an adjacent property owner (which was distributed to the Planning Commission at tonight’s meeting) who was not in favor of the extended hours. Ms. Jenson stated that Planning Department staff supports the extended hours for Friday and Saturday nights and for the six additional days and recommends approval of the CUP amendment, subject to the one stipulation listed in the December 30, 2015 planning report and the findings of fact included with the Planning report. Chair Swenson opened the hearing to the public for comment. Richard Ringeisen, 20085 Italy Avenue (speaking on behalf of his brothers Doug and David Ringeisen and his sister Nancy Ringeisen-Zanatta) Mr. Ringeisen and his family own 20758 and 20760 (Duplex) and 20764 Holt Avenue. Their concerns were:  The distance (less than 10 feet) between the subject parking lot and their property  Snow from the parking lot gets plowed directly onto their property  No buffer or screening between the subject property and their property  Trash enclosure has no screening  Not enough parking  Noise, garbage, traffic impacts to their quality of life and property values Mr. Ringeisen feels that Mr. Maverick does a nice job and understands that there are businesses and homes next to each other in the downtown area. He feels that the 11:00 p.m. time works now and does not think that it is necessary to be open until midnight. Planning Commission Meeting Minutes, January 7, 2016 Page 3 Glenn Nord, 20655 Holt Avenue Mr. Nord stated he lives less than a block from the property and indicated that he is representing seven residents in the area that feel this is not a good location for this type of facility. His concerns were:  The property is not zoned properly  There is not enough parking for this use  There is not enough room for landscaping to help buffer the residential properties from this facility He asked the Planning Commission to not recommend approval of the request for extended hours. Motion was made by Drotning, seconded by Thorstenson to close the public hearing at 6:26 p.m. Ayes: Thorstenson, Lillehei, Swenson, Kelvie, Drotning Nays: 0 Chair Swenson asked for comments from the Planning Commission. Discussion points included:  Screening along the east and south property lines and how challenging screening can be for downtown businesses because of the reduced setbacks allowed by ordinance. Mr. Maverick indicated that he is willing to submit a screening plan prior to City Council consideration of his CUP amendment application.  The C-CBD District has a reduced parking requirement and allows businesses to utilize on-street parking to meet their parking requirement.  The Zoning Ordinance requires trash enclosures to be screened. The Planning Commission did not feel the need to add this as a stipulation but rather requested that staff enforce the ordinance.  Discussed the CUP criteria and pointed out that the City Council has the ability to revoke the CUP if the conditions of approval are not being met.  Listed all of the things that Mr. Maverick has done to minimize noise impacts to adjacent residential uses, which is likely why there have been no police calls in the three years the facility has been operating. Based upon the Planning Commission’s discussion, Mr. Morey recommended the following additional stipulation: 2. The applicant shall submit a plan for screening along the south and east sides of the parking area prior to City Council consideration of the CUP amendment. Planning Commission Meeting Minutes, January 7, 2016 Page 4 Chair Swenson allowed Mr. Ringeisen to come back up to the podium to make a statement even though the public hearing is closed. Mr. Ringeisen stated that the Planning Commission represents the nine residents that he and Mr. Nord presented as being opposed to the request for extended hours, yet the Planning Commission supports the request. He stated that the Planning Commission is not listening to their request to deny this application. He stated that screening is not his main concern and reiterated that noise, alcohol and parking issues are the main concern and that he thinks things will get worse if the hours are extended to midnight. He stated that the Planning Commission should be making decisions based on the quality of life of the residents and not on the profits of businesses. Motion was made by Lillehei, seconded by Drotning to recommend to City Council approval of the Amendment to CUP 12-14 to extend the hours of operation for a private community center in an RM-1, Medium Density Residential Zoning District, subject to the following stipulations, as amended, and adopt the Findings of Fact dated January 7, 2016: 1. The hours of operation shall be limited to 10:00 p.m. from Sunday through Thursday and to midnight on Friday and Saturday as well as on the Sunday rd before Memorial Day, July 3, the Sunday before Labor Day, Thanksgiving, thst December 24, and December 31. All activities would take place within the building. No exterior assembly, music or noise would be allowed at any time due to the proximity to single family residential homes. 2. The applicant shall submit a plan for screening along the south and east sides of the parking area prior to City Council consideration of the CUP amendment. Ayes: Lillehei, Swenson, Drotning, Thorstenson Nays: Kelvie – Commissioner Kelvie agreed with Mr. Ringeisen that the current 11:00 closing time works for both parties. 6. Kenwood Hills Chair Swenson opened the public hearing to consider the request of Kenwood Hills, LLC for an amendment to the Kenwood Hills planned unit development to allow a 10 foot setback between detached townhome buildings. Dave Schmit presented a brief overview of their request. Mr. Schmit thanked the Planning Commission and staff for their support for their development. He stated that Kenwood Hills is modeled after a development they have in Eden Prairie. He indicated that with the curvature of the roads and the way the homes will sit on the lots in Kenwood Hills, the distance between the front of most buildings will be greater than 10 feet. Planning Consultant Daniel Licht presented the planning report. Mr. Licht reviewed the background of the Kenwood Hills plat and PUD zoning. He stated the first Planning Commission Meeting Minutes, January 7, 2016 Page 5 building permit was issued for a model home in November 2015. Shortly thereafter a building permit application for a second model home directly adjacent to the first model was submitted. Mr. Licht indicated that upon review of the second building permit, City staff identified that the preliminary plat and PUD Development Stage Plan provided for 10 feet between buildings, whereas the PUD District and development agreement specify a minimum requirement of 20 feet between buildings based upon the Zoning Ordinance setback requirement for detached townhomes. Subsequently, the developer has applied for an amendment to the PUD District to allow for the minimum 10 foot setback between buildings consistent with their PUD Development Stage Plan. Mr. Licht discussed the physical constraints affecting the potential Kenwood Hills development, the reasoning behind the use of the PUD District for this plat, and the developer’s explanation of how the discrepancy occurred. Mr. Licht indicated that the PUD District established for Kenwood Hills allows the Planning Commission to consider flexibility from the minimum setback requirement between buildings for this specific development. He summarized that the reduced setback of 10 feet between buildings is consistent with the objectives of the overall preliminary plat and PUD Development Stage Plan for Kenwood Hills and the purpose of a PUD District. City staff recommends approval of the Kenwood Hills PUD amendment allowing a 10 foot minimum setback between buildings due to the physical constraints affecting development of the site. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Drotning, seconded by Lillehei to close the public hearing at 7:13 p.m. Ayes: Swenson, Kelvie, Drotning, Thorstenson, Lillehei Nays: 0 Chair Swenson asked for comments from the Planning Commission. Discussion points included:  Commissioner Thorstenson confirmed that the number of detached townhomes (45) approved with the Kenwood Hills plat and PUD rezoning will not change.  Commissioner Drotning stated that the Metropolitan Council is putting a lot of pressure on cities to increase residential densities. With the development constraints on this property he feels the reduced setback makes sense. Motion was made by Lillehei, seconded by Thorstenson to recommend to City Council approval of an amendment to the Kenwood Hills PUD District allowing a 10 foot minimum setback between buildings, as presented. Ayes: Kelvie, Drotning, Thorstenson, Lillehei, Swenson Planning Commission Meeting Minutes, January 7, 2016 Page 6 Nays: 0 Mr. Schmit thanked the Planning Commission for supporting their request. There being no further business, the meeting was adjourned at 7:17 p.m. Respectfully submitted, Penny Brevig, Recording Secretary