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HomeMy WebLinkAbout03-17 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES March 17, 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, Vice Chair Linda Maguire, Karl Drotning, Scott Einck, Ex-officio member Nic Stevens Members Absent: Patrick Kaluza, Paul Reuvers Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Kris Jenson, Associate Planner; Matt Decur, Project Engineer; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The March 3, 2016 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated the following item was distributed at tonight’s meeting: 1. March 16, 2016 Parks, Recreation and Natural Resources Committee draft minutes regarding the Nicholas Estates preliminary plat. Mr. Morey thanked Commissioner Linda Maguire for her 6 years of service on the Planning Commission, including the past year as Vice Chair. Mr. Morey informed the Commissioners that election of Planning Commission officers th will take place at the April 7 Planning Commission meeting. 5. William and Janice Willette Chair Swenson opened the public hearing to consider the application of William and Janice Willette for a Zoning Map amendment to rezone property from RS-3, Single Family Residential District to RS-CBD, Single Family Residential-Central Business District, located at 20405 Holyoke Avenue. Mr. and Mrs. Willette presented a short overview of their request. Mr. Willette indicated that they are requesting the rezoning of their property to accommodate the proposed new two stall garage with a connected breezeway and a seven foot side yard setback which is allowed in the RS-CBD District. Planning Commission Meeting Minutes, March 17, 2016 Page 2 Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the Willettes have submitted a zoning map amendment application to rezone their property from RS-3, Single Family Residential District to RS-CBD, Single Family Residential-Central Business District to allow the construction of a new attached two stall garage with a seven foot side yard setback as allowed in the RS-CBD District. Mr. Dempsey reviewed the history of the subject property and why it would need to be rezoned to accommodate the proposed garage addition. The RS-CBD zoning will match the zoning of the single family homes that front Holyoke Avenue in this area. The combined area of the garage and breezeway addition will be 732 square feet. Mr. Dempsey stated that Planning Department staff recommends approval of the Willette Zoning Map amendment application, subject to the 3 stipulations listed in the March 11, 2016 planning report, and adoption of the Findings of Fact dated March 17, 2016. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Lillehei, seconded by Drotning to close the public hearing at 6:08 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. The Planning Commissioners agreed that this rezoning makes sense and had no objections. Motion was made by Maguire, seconded by Lillehei to recommend to City Council approval of the Willette Zoning Map amendment to rezone property from RS-3, Single Family Residential District to RS-CBD, Single Family Residential- Central Business District, located at 20405 Holyoke Avenue, and adoption of the Findings of Fact dated March 17, 2016, subject to the following stipulations: 1. A building permit is required prior to commencing construction of the garage addition. 2. The building exterior of the garage addition shall match the existing house and roof and shall be compatible with other single family homes in the area. 3. The garage addition shall meet the setback requirements of the RS-CBD District. Ayes: Lillehei, Einck, Maguire, Swenson, Drotning Nays: 0 Mr. Willette asked for clarification of what the three stipulations were. Chair Swenson read the stipulations and Mr. Dempsey indicated that he would provide Mr. Willette with a written copy of the stipulations. Planning Commission Meeting Minutes, March 17, 2016 Page 3 6. Mikayla Raines Chair Swenson opened the public hearing to consider the application of Mikayla Raines for an Interim Use Permit to allow the keeping of domesticated wild foxes th pursuant to Chapter 11-35-3D of the City Code, located at 12110 – 210 Street. Ms. Raines presented a short overview of her request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Mikayla Raines has submitted an application for an interim use permit (IUP) to allow the keeping of not more than three foxes at a single family residence th located at 12110 – 210 Street, with the nearest homes located 600 feet to the northeast and 480 feet to the west. Mr. Dempsey reviewed the associated permits that would be required with the IUP. The kennel is approximately 13 feet by 16 feet which requires approval of an Administrative Permit. The Department of Natural Resources has indicated they would inspect the premises and issue the applicant a permit to allow keeping the foxes contingent upon City approval of the IUP. Mr. Dempsey reviewed the IUP criteria, which are listed in the March 10, 2016 planning report. Mr. Dempsey stated that Planning Department staff recommends approval of the Mikayla Raines Interim Use Permit subject to the seven stipulations listed in the March 10, 2016 planning report, and adoption of the Findings of Fact dated March 17, 2016. Chair Swenson opened the hearing to the public for comment. Steve and Lynn Brekke, 20880 Laredo Path The Brekkes vouched for Ms. Raines’ character. They felt that she has been wonderful with these animals and are very confident that Ms. Raines is capable of taking care of the foxes on her property. th Mark Lenertz, 3870 210 Street, Farmington Mr. Lenertz owns the farm on the south side of Ms. Raines’ property. Cattle have been raised on this property for 100 years. He was interested in finding out the purpose of the recently erected building along the Raines/Lenertz property line. He wanted to confirm that this building would not be housing the foxes. Mr. Lenertz wanted to know if the foxes would be spayed or neutered and whether or not they would be let out of their cage. He felt the foxes could attract predatory animals such as coyotes which could in turn kill his calves. Planning Commission Meeting Minutes, March 17, 2016 Page 4 Ms. Raines addressed Mr. Lenertz concerns. She indicated that she has her wildlife rehabilitation license. She has had her first fox on the property for three years. She stated that her foxes do not even disturb the ducks laying eggs in the wetlands. Two of the foxes have been neutered and the third fox will be spayed shortly. She felt that the cows will not be bothered by the foxes. She stated that the foxes will only be housed in the kennel and detached accessory building located adjacent to the house. The structure along the Raines/Lenertz property line will not be used to house the foxes. Motion was made by Drotning, seconded by Maguire to close the public hearing at 6:27 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion points included:  Commissioner Drotning confirmed that this IUP will be for no more than three foxes at one time.  It was clarified that the foxes are domesticated so they do not roam free and are always on a leash or in their cage. The cage came from a zoo and is attached to asphalt so it’s very secure and the foxes cannot dig their way out of the cage.  Commissioner Einck indicated that enforcement of the IUP stipulations could be an issue. Who would follow up periodically with the DNR to be sure that their permit is still in force? Mr. Dempsey stated that Ms. Raines will need to give the City a copy of the permit given to her by the DNR and City staff would have to periodically follow up with Ms. Raines.  Ms. Raines stated that when she exercises the foxes, they are on a 60 foot leash on her property and she always accompanies them. Ms. Raines stated that she respects Mr. Lenertz’s concerns, but feels strongly that the foxes will not be a problem for his cattle.  The possible relocation of the kennel was discussed. Staff stated that the kennel could be relocated within the property provided it meets Zoning Ordinance requirements.  Ms. Raines indicated that she is always looking for other owners for the foxes. Her goal is to let them have the best life possible.  The Planning Commission discussed whether an additional stipulation needed to be added regarding the foxes being spayed or neutered. Mr. Morey stated that staff does not recommend adding this as a stipulation. The Planning Department does not have the staff and expertise to monitor this potential stipulation on a regular basis. It would be more of a concern if the foxes were running free on the property. Mr. Morey indicated that enforcement of the stipulations will be on a complaint basis consistent with the City’s current zoning enforcement policy.  Commissioner Maguire stated that ordinance consistency and enforcement is a concern for her. She feels that the IUP sets a bad precedent by allowing animals not defined by ordinance as house pets or farm animals. Planning Commission Meeting Minutes, March 17, 2016 Page 5  Commissioner Drotning commented that the City should look to the DNR for enforcement. He noted that if the City Council passes the Zoning Ordinance amendment as recently recommended by the Planning Commission, the IUP for the keeping of animals not defined as house pets or farm animals will no longer be allowed. Motion was made by Drotning, seconded by Lillehei to recommend to City Council approval of the Mikayla Raines Interim Use Permit to allow the keeping of th domesticated wild foxes, located at 12110 – 210 Street pursuant to Chapter 11-35- 3D of the City Code, subject to the following stipulations and adoption of the Findings of Fact dated March 17, 2016: 1. The application must obtain a permit from the Minnesota Department of Natural Resources (DNR) to keep the foxes as a condition of this Interim Use Permit. The applicant shall submit the approved DNR permit to the City within 30 days of approval of the Interim Use Permit. 2. A maximum of three foxes may be kept on the property. 3. The animal enclosure shall be kept in humane and sanitary conditions. Objectionable waste odors shall not be noticeable beyond the property line. 4. An Administrative Permit application shall be submitted for the kennel that is more than 120 square feet in area. 5. The keeping of all animals shall be compliant with Zoning Ordinance requirements. 6. The interim use permit shall terminate when: a. Mikala Raines no longer resides on the property. b. If Mikayla Raines is no longer permitted by the DNR to keep foxes. c. If the keeping of foxes has been discontinued for more than one year. 7. The interim use permit may be revoked for cause upon determination that the authorized interim use is not in conformance with the conditions of the permit or is in continued violation of Lakeville City Code or other applicable regulations. Ayes: Swenson, Drotning, Lillehei Nays: Einck, Maguire. Commissioners Einck and Maguire stated their nay vote was not a reflection on Ms. Raines but on the process of using interim use permits for this type of request. Enforcement of the stipulations was also a concern. 7. Nicholas Estates Chair Swenson opened the public hearing to consider the application of KRB Development IV, LLC for the following: A. Preliminary plat of 44 single family residential lots to be known as Nicholas Estates; B. Zoning Map amendments for the following: 1. Rezone a portion of the property from RS-2, Single Family Residential District to RS-3, Single Family Residential District: 2. Rezone a portion of the property from RS-3, Single Family Residential District to RS-4, Single Family Residential District; C. Variance to allow cul-de-sac street length in excess of 600 feet. Planning Commission Meeting Minutes, March 17, 2016 Page 6 Bill Ryan, with KRB Development IV, LLC, and Rick Osberg, with James R. Hill, Inc., were in attendance at tonight’s meeting. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that the preliminary plat application and plans for Nicholas Estates that have been submitted by KRB Development IV, LLC consists of 44 single family residential lots rd and one outlot located north of 183 Street and west of Dodd Boulevard (CSAH 9). Along with the preliminary plat, the developer has submitted an application for a Zoning Map amendment to rezone the northerly portion of the property from RS-2 to RS-3 and the southerly portion of the property from RS-3 to RS-4, as well as a variance application to allow cul-de-sac length to exceed 600 feet. Ms. Jenson identified on the preliminary plat the two areas the developer is requesting to be rezoned. Ms. Jenson reviewed the Nicholas Estates preliminary plat, including the lot requirements for the RS-3 and RS-4 districts, setbacks, buffer yard requirements, sidewalks/trails, tree preservation, wetlands and Shoreland Overlay District. She reviewed the proposed streets with the Nicholas Estates preliminary plat and explained the justification of the reduced right-of-way width for th 179 Street and Icon Court as allowed by the Subdivision Ordinance for environmentally sensitive areas. th The developer has requested a variance to the maximum length for both 179 Street and Icon Court as both exceed the 600 foot maximum length established by the Zoning Ordinance. The length of both cul-de-sacs is impacted by adjacent wetlands, tributaries, and development. Ms. Jenson stated that the Parks, Recreation and Natural Resources Committee reviewed the Nicholas Estates preliminary plat at their March 16, 2016 meeting. Their draft minutes and recommendation for approval were distributed at tonight’s meeting. A neighborhood meeting was held on March 1, 2016. Three neighbors attended the open house with questions primarily focused on the style and type of homes proposed to be built, how construction traffic would access the site and whether there would be any impacts to the wetland or tributary. None of the neighbors attending the meeting expressed opposition to the proposed development. Ms. Jenson stated that Planning Department staff recommends approval of the Nicholas Estates preliminary plat, Zoning Map amendment, and variance subject to the 10 stipulations listed in the March 9, 2016 planning report. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Maguire, seconded by Drotning to close the public hearing at 7:12 p.m. Planning Commission Meeting Minutes, March 17, 2016 Page 7 Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion centered on connectivity between the lots in Nicholas Estates located on either side of the wetland complex. Staff stated that a street connection (Idawood Path) between the two areas is not proposed with this development in order to minimize impacts to the wetland complex that bisects the subject property. The Planning Commission asked staff to consider the possibility of a trail connection between th 179 Street and Icon Court following the proposed sewer and water lines, which will cross the wetland at its narrowest point between Lots 4 and 5, Block 3 and Lots 5 and 6, Block 4. Staff stated they will discuss this possibility, along with the cost of a trail connection, prior to City Council consideration of the final plat. The Planning Commission requested, if the trail is proposed to be constructed at a future date and not with the Nicholas Estates plat, that “future trail” signs be placed in the side yards of the impacted lots. The Planning Commission also expressed their desire that the school district construct a trail within the Eastview Elementary School property to connect the trail to be constructed within Outlot A, Nicholas Estates and the trail connection to the school from Impala Path in the Andersons Century Farm neighborhood. The 600 foot maximum cul-de-sac street length requirement and the reduced street width allowed for cul-de-sac streets in environmental sensitive areas were discussed. Mr. Morey pointed out that the street width for cul-de-sacs in environmental sensitive areas is reduced from 32 feet to 28 feet but the turnaround radius remains the same to accommodate emergency service vehicles. Motion was made by Maguire, seconded by Drotning to recommend to City Council approval of the Nicholas Estates preliminary plat, Zoning Map amendments for the following: Rezone a portion of the property from RS-2, Single Family Residential District to RS-3, Single Family Residential District and rezone a portion of the property from RS-3, Single Family Residential District to RS-4, Single Family Residential District, and variance to allow cul-de-sac street length in excess of 600 feet, subject to the following stipulations and adoption of the Findings of Fact dated March 17, 2016: 1. The recommendations listed in the March 9, 2016 engineering report. 2. The recommendation of the Parks, Recreation, and Natural Resources Committee. 3. The developer shall construct five-foot wide concrete sidewalks along one side of th 179 Street, Idawood Path, and Icon Court and an eight foot wide bituminous trail within Outlot A. 4. The driveway access for Lot 14, Block 4 and Lot 9, Block 5 must be off of Icon Court. 5. Outlot A shall be deeded to the City with the final plat. 6. Buffer yard landscaping shall be installed according to the approved landscape plan. A security for the buffer yard landscaping shall be submitted with the final plat. Planning Commission Meeting Minutes, March 17, 2016 Page 8 7. The side yards of Lot 14, Block 4 and Lot 9, Block 5 must be sodded to the edge rd of the trail along the north side of 183 Street. A $1,000 cash escrow will be required to be submitted with the building permit applications for these two lots to guarantee installation of the side yard sodding. This escrow will be in addition to the two trees/lot and front/side yard sodding escrow required at the time of building permit for all single family lots. 8. Any subdivision identification signs must be monument style, not more than 10 feet in height and 100 square feet in area and must be maintenance free or located within an outlot that is owned and maintained by a homeowners association. A sign permit must be issued by the City prior to the installation of any subdivision identification signs. 9. The houses to be constructed on Lot 1, Block 1, Lots 2-9 Block 2, Lots 1-9, Block 3, Lots 1-14, Block 4, and Lots 1-9, Block 5 must include an attached three stall garage with corresponding front driveway parking apron. The curb cut opening shall not exceed 24 feet unless additional width is approved by the City Engineer. 10. A 15 foot wide drainage and utility easement is required in the front/side yards of Lots 1 and 2, Block 1, Lots 2-9, Block 2, Lots 1-9, Block 3, Lots 1-14, Block 4, th and Lots 1-9, Block 5 abutting 179 Street and Icon Court, respectively. Ayes: Maguire, Swenson, Drotning, Lillehei, Einck Nays: 0 There being no further business, the meeting was adjourned at 7:36 p.m. Respectfully submitted, Penny Brevig, Recording Secretary