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CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
April 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, Paul Reuvers, Karl
Drotning, Scott Einck, Pat Kaluza, Jason Kelvie, Ex-officio member Nic Stevens
Members Absent: None
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Kris Jenson, Associate Planner; Matt Decur, Project Engineer; Alex Jordan, Project
Engineer; Daniel Licht, The Planning Company; Andrea Poehler, Assistant City
Attorney; and Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The March 17, 2016 Planning Commission meeting minutes were approved as
presented.
4. Announcements
Mr. Morey stated the following items were distributed at tonight’s meeting:
1. April 6, 2016 Parks, Recreation and Natural Resources Committee draft minutes
regarding the Argonne Fields and Spirit of Brandtjen Farm 16th Addition
preliminary plats.
2. E-mail from the owner (Ron Gerk) of property adjacent to the Argonne Fields
preliminary plat.
Mr. Morey commented that Elizabeth Bakewicz, newly appointed Planning
Commission alternate member, was in the audience to observe tonight’s meeting.
Mr. Morey reminded the Planning Commission that there is a scheduled work
session immediately following tonight’s regular Planning Commission meeting.
5. Independent School District (ISD) 194
Chair Swenson opened the public hearing to consider the application of ISD 194 for
an amendment to Conditional Use Permit No. 09-02 to allow the Minnesota Center
for Advanced Professional Studies (MNCAPS) program to locate in the Minnesota
School of Business (MSB) building in the C-3, General Commercial District, located
at 17685 Juniper Path.
Planning Commission Meeting Minutes, April 7, 2016 Page 2
Jeff Holmberg, Assistant Superintendent of the Prior Lake-Savage Area School
District along with Barb Knutson, Executive Director of Teaching and Learning with
the Lakeville Area School District presented a short overview of their request. They
explained that the MNCAPS program is a joint program between the Lakeville Area
(ISD 194) and Prior Lake-Savage Area (ISD 719) public schools. MNCAPS is open
to juniors and seniors of both school districts and is described as a partnership
between business, community and public education. Initial enrollment for the
MNCAPS program will be 120 students (60 in the morning session and 60 in the
afternoon session). This could fluctuate depending upon the demand for the
program.
Planning Director Daryl Morey presented the planning report. Mr. Morey stated that
ISD 194 has submitted an application to amend the MSB Conditional Use Permit No.
09-02 to allow the MNCAPS program to be run out of the same building, located at
17685 Juniper Path.
Mr. Morey explained that parking requirements were the main focus of the 2009
CUP. Planning Department staff asked ISD 194 for the MNCAPS initial enrollment
numbers as well as MSB for their current enrollment numbers. Mr. Morey indicated
that there is also one other office tenant (NRG Energy) in the MSB building. It was
determined that the parking requirement for the MSB building with these three
tenants is 96 spaces. There are 154 parking spaces currently provided on the
property. Therefore, the parking demand will be met by the current on-site parking
supply.
Mr. Morey stated that Planning Department staff recommends approval of the CUP
amendment, subject to the one stipulation listed in the April 1, 2016 planning report,
and adoption of the Findings of Fact dated April 7, 2016.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Drotning, seconded by Einck to close the public hearing
at 6:12 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
• The ability for shared parking with neighboring businesses if enrollment for
MNCAPS and MSB exceeds the parking supply on the subject property.
Motion was made by Drotning, seconded by Reuvers to recommend to City
Council approval of the ISD 194 amendment to CUP No. 09-02 to allow the
Minnesota Center for Advanced Professional Studies (MNCAPS) program to locate
in the Minnesota School of Business building in the C-3, General Commercial
Planning Commission Meeting Minutes, April 7, 2016 Page 3
District, located at 17685 Juniper Path, and adoption of the Findings of Fact dated
April 7, 2016, subject to the following stipulation:
1. ISD 194 and Minnesota School of Business representatives shall provide the City
with MNCAPS and MSB enrollment projections prior to the beginning of each
school year in order to ensure parking requirements are being met.
Ayes: Lillehei, Einck, Kelvie, Swenson, Reuvers, Kaluza, Drotning
Nays: 0
6. Argonne Fields
Chair Swenson opened the public hearing to consider the application of Baton
Homes for the following, located south of 175th Street and east of Kenwood Trail
(CSAH 50), adjacent to Junelle Path: A. Preliminary plat of 20 twin home lots to be
known as Argonne Fields; B. Comprehensive Plan amendment to re-guide a portion
of the property from Low Density Residential to Low/Medium Density Residential; C.
Zoning Map amendment to rezone property from RS-2, Single Family Residential
District to PUD, Planned Unit Development District; D. Vacation of public street right-
of-way.
Steve Embretson of Baton Homes presented a short overview of their request.
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated
that the preliminary plat would allow the development of 20 twinhome units to be
known as Argonne Fields, the Comprehensive Plan amendment would re-guide the
property from Low Density Residential to Low/Medium Density Residential, the
Zoning Map amendment would rezone the property from RS-2, Single Family
Residential District to PUD, Planned Unit Development District, and the vacation of
public street right of way is for a small excess portion of Junelle Path.
Ms. Jenson indicated that there will be four outlots in the Argonne Fields preliminary
plat, all of which will be deeded to the City with the final plat. Outlot C is a
landlocked upland area between two wetlands and the developer has requested this
space be available to the future residents of Argonne Fields as a garden area with
raised, fenced beds. Maintenance, liability, and use of the property will be
addressed in the HOA documents. Staff is supportive of the concept but a design
for the use of Outlot C must be submitted with the final plat application.
The City’s 2015 Parks, Trails, and Open Space Plan does not identify a need for
park land within the Argonne Fields preliminary plat area. Staff is recommending a
cash contribution to satisfy the park dedication requirements for the Argonne Fields
plat. The recommendation from the April 6, 2016 Parks, Recreation and Natural
Resources Committee meeting was distributed at tonight’s meeting.
Ms. Jenson reviewed the RM-1 District development standards including
homeowner’s association requirements, setbacks, exterior building materials, guest
Planning Commission Meeting Minutes, April 7, 2016 Page 4
parking, landscaping, and subdivision identification signs, as discussed in detail in
the March 31, 2016 planning report.
Ms. Jenson explained the proposed private cul-de-sac street and discussed the
options explored by staff and the developer.
Ms. Jenson stated that Planning Department staff recommends approval of the
Argonne Fields preliminary plat, Comprehensive Plan amendment, Zoning Map
amendment, and right-of-way vacation, subject to the 9 stipulations listed in the
March 31, 2016 planning report, and adoption of the Findings of Fact dated April 7,
2016.
Chair Swenson opened the hearing to the public for comment.
Ron and Charlie Gerk, 10466 175th Street
Charlie Gerk stated that his father Ron Gerk is the owner of three lots abutting the
Argonne Fields development and is the business partner with the owner (Echavarria)
of a parcel abutting Ron Gerk’s parcels to the east. Mr. Gerk described the ghost
plat Ron Gerk and Chuck Ryan prepared in 2005 that included Ron Gerk’s two
vacant parcels and the Echavarria parcel. He stated they consulted with the
surrounding neighbors and prepared a plan that included a street connection to
Junelle Path (through the Bollinger property). He also cited the Special Study
conducted by the City in 2009. Concerns expressed by Mr. Gerk:
• Complained that they should have been notified of this proposed project when
the developer first contacted City staff approximately a year ago, not 10 days
prior to the public hearing.
• Felt the City has not been transparent with the surrounding residents because
the City did not seek their input prior to the public hearing.
• Felt that the proposed design would have negative impacts on the
neighboring properties.
• Presented concepts he prepared over the weekend that included a road
connection through the Bollinger property.
• Cited the lack of a clear transportation plan for this area.
• Felt that a neighborhood meeting should have been held for this project.
• Requested the Planning Commission table action on the Argonne Fields
applications.
Motion was made by Drotning, seconded by Reuvers to close the public
hearing at 6:43 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
Planning Commission Meeting Minutes, April 7, 2016 Page 5
• In response to Mr. Gerk’s comments, Commissioner Reuvers asked Ms.
Jenson to explain the City’s procedures when a proposed plat is submitted to
the City. Ms. Jenson explained the plat review process required by
ordinance. Staff did consider asking the developer to host a neighborhood
meeting, but it is not a requirement of ordinance. Ms. Jenson stated that
staff did discuss a possible street connection to the east, however, it was
determined that the grades would be too steep to provide a safe connection,
including possible street intersections. Ms. Jenson stated that future
development of the Gerk and Echavarria properties could include two
connections to 175th Street if a street connection to Junelle Path is not
feasible. Further, staff does not feel that the Bollinger property is negatively
impacted by the Argonne Fields development.
• Project Engineer Alex Jordan was asked by Commissioner Drotning to
elaborate on the City sewer and water connections to adjacent properties. He
stated that City sewer will be stubbed to the Gerk property and that the
Argonne Fields utility plan is consistent with the City’s Comprehensive Plan,
which would allow for the future development of the adjacent parcels,
including the Gerk and Echavarria properties.
• Commissioner Drotning stated that the City has to act on the development
proposal that has been submitted, and that the developer is not required to
include the surrounding properties in their development plans. He further
stated that he is not in favor of tabling action on this request because the
developer has met City requirements.
• Chair Swenson asked about pedestrian access along Junelle Path. Mr.
Jordan stated that due to grades and ponding areas on the west side of
Junelle Path, and because of the extra width of the roadway, a delineated
(striped) on-street pedestrian path will be the likely design. The pedestrian
design will be reviewed in more detail with the final plat submittal.
• Commissioner Drotning cited the potential for cut-through traffic to the
Argonne Farms commercial uses if a street connection was made from
Junelle Path to the Gerk property.
• Commissioner Reuvers stated he feels the issue regarding a possible road
connection to the Gerk property was appropriately reviewed by staff and he
disagrees that there has been a lack of transparency on the City’s part. He
further stated that he does not feel the Argonne Fields development
negatively impacts the Bollinger or Gerk properties.
• Commissioner Lillehei stated that he can support the proposed private cul-de-
sac because it will be built to City standards.
• Commissioner Kelvie asked the developer about their target market for the
twinhomes. The developer indicated that they would be marketed to empty
nesters and retirees due to proximity to the commercial area.
Motion was made by Drotning, seconded by Kaluza to recommend to City
Council approval of the Argonne Fields preliminary plat of 20 twin home lots,
Comprehensive Plan amendment to re-guide a portion of the property from Low
Density Residential to Low/Medium Density Residential, Zoning Map amendment to
rezone property from RS-2, Single Family Residential District to PUD, Planned Unit
Planning Commission Meeting Minutes, April 7, 2016 Page 6
Development District, and vacation of public street right-of-way, subject to the
following 9 stipulations and adoption of the Findings of Fact dated April 7, 2016:
1. The recommendations listed in the March 31, 2016 engineering report.
2. The recommendations of the Parks, Recreation, and Natural Resources
Committee.
3. 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.
4. Outlots A, B, C, and D shall be deeded to the City with the final plat.
5. The three guest parking spaces located southwest of Lot 19, Block 1 must be
moved to meet the 15 foot setback from the deck of Lot 19, Block 1.
6. Detailed landscape plans illustrating the typical foundation plantings as well as
information regarding the value of the proposed plantings as required by Section
11-58-21.K of the Zoning Ordinance must be submitted with the final plat
application.
7. Documents establishing the homeowner’s association must be submitted for
review and approval by the City Attorney with the final plat application.
8. Plans for the on-street pedestrian access to the Argonne Village commercial area
must be submitted with the final plat application.
9. The building materials used on the front façade of each building must be
modified to include a minimum of 25% brick, stone, or stucco. Revised plans
must be submitted prior to consideration by the City Council.
Ayes: Einck, Kelvie, Swenson, Reuvers, Kaluza, Drotning, Lillehei
Nays : 0
7. Spirit of Brandtjen Farm 16th Addition
Chair Swenson opened the public hearing to consider the application of SBF
Development Corp. for the following, located south of 162nd Street and east of Pilot
Knob Road (CSAH 31): A. Preliminary plat and PUD development stage plans of 49
single family lots and 36 detached townhome lots to be known as Spirit of Brandtjen
Farm 16th Addition; B. Vacation of public street right-of-way and public drainage and
utility easements.
Jacob Fick from SBF Development Corp. presented an overview of the request. He
indicated that SBF 16th Addition will be smaller homes with lower price points. There
will be pedestrian connectivity between the sidewalks proposed in SBF 16th Addition
and the existing sidewalks and trails in adjoining phases of the SBF PUD.
Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that
SBF Development Corporation has submitted plans for the preliminary plat of Spirit
of Brandtjen Farm 16th Addition which is proposed to consist of 49 single family lots,
36 detached townhomes, three common area lots and three outlots. The application
also includes a PUD Development Stage Plan, and right-of-way and easement
vacation.
Planning Commission Meeting Minutes, April 7, 2016 Page 7
Mr. Licht reviewed the SBF Master Land Use Plan. He concluded that the detached
townhomes and single family lots proposed within SBF 16th Addition will be
compatible with existing and planned uses in the area.
Mr. Licht stated that the proposed setbacks for the detached townhomes are
consistent with those established for townhouse uses by the PUD Standards table of
the SBF PUD Booklet (page 7.1). He explained that the City Council recently
approved a Zoning Ordinance amendment to require a minimum 14 foot setback
between detached townhomes within the RST-2 District, the proposed 15 foot
setback between buildings for SBF 16th Addition is consistent with that setback
requirement.
He reviewed the exterior elevations submitted for the proposed detached
townhomes. He stated the front elevation of the Winthrop series must be revised to
include stone accents.
Mr. Licht indicated the setbacks for the single family lots are consistent with those
required for cottage lots.
The streets, pedestrian access within the SBF 16th Addition, landscaping, and open
space were reviewed along with the proposed drainage and utility easements, which
all meet the Zoning Ordinance requirements and are described in detail in the March
31, 2016 planning report.
Mr. Licht stated that Planning Department staff recommends approval of the Spirit of
Brandtjen Farm 16th Addition preliminary plat and vacation of public street right-of-
way and public drainage and utility easements, subject to the 12 stipulations listed in
the March 31, 2016 planning report.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Lillehei, seconded by Kelvie to close the public hearing
at 7:22 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
• The Planning Commission complimented the developer on their continued
development efforts within the Spirit of Brandtjen Farm PUD.
• The Planning Commission requested an updated Master Land Use Plan from
the developer with their next development phase.
Planning Commission Meeting Minutes, April 7, 2016 Page 8
Motion was made by Reuvers, seconded by Drotning to recommend to City
Council approval of the Spirit of Brandtjen Farm 16th Addition preliminary plat of 49
single family lots and 36 detached townhome lots, and vacation of public street right-
of-way and public drainage and utility easements, subject to the following 12
stipulations:
1. SBF 16th Addition shall be developed consistent with the approved SBF Master
Plan, the PUD booklet dated June 20, 2005 and the PUD Development Stage
Plan/Preliminary Plat.
2. The single family lots within the SBF 16th Addition preliminary plat are subject to
the requirements established for cottage lots:
Min.
Lot
Width
Setbacks
Front Side Rear
House
Garage
Door
Garage
Interior
Corner
House Garage
Door
Garage House Garage
60ft. 20ft. 25ft 15ft 7ft 15ft 25ft 15ft 20ft 10ft
3. The detached townhouse units within the SBF 16th Addition preliminary plat are
subject to the following setback requirements:
Min.
Lot
Width
Setbacks
Front Side Rear
House
Garage
Door
Garage
Between
Buildings
Corner
House Garage
Door
Garage House
N/A 15ft 25ft 15ft 15ft 20ft 25ft 15ft 15ft
4. All street section plans are subject to review and approval of the City Engineer.
5. One side of Equestrian Trail, Street A/Elkhorn Trail, Elmhurst Lane, and Street
B/Engleman Way shall be designated as “No Parking”, subject to review and
approval of the City Engineer.
6. The front elevation of the Winthrop series detached townhouse must be revised
to include stone accents.
7. Outlot C shall be deeded to the City with the final plat.
8. All grading, drainage and erosion control plans shall be subject to review and
approval of the City Engineer.
9. All utility plans shall be subject to review and approval of the City Engineer.
10. All drainage and utility easements shall be subject to review and approval of the
City Engineer.
11. Park dedication requirements shall be satisfied at the time of final plat approval
as a cash fee in lieu of land based on the formula established by the SBF Master
PUD Development Agreement subject to the recommendations of the Parks,
Recreation and Natural Resources Committee.
12. Homeowners Association documents for SBF 16th Addition shall be submitted
with application for final plat approval, and are subject to review and approval by
the City Attorney.
Ayes: Kelvie, Swenson, Reuvers, Kaluza, Drotning, Lillehei, Einck
Nays: 0
Planning Commission Meeting Minutes, April 7, 2016 Page 9
8. Safety Signs – Safety Properties, LLC
Chair Swenson opened the public hearing to consider the application of Safety Signs
– Safety Properties, LLC for a Zoning Map amendment to rezone property from RM-
2, Medium Density Residential District to PUD, Planned Unit Development District,
located at 19784 Kenrick Avenue.
Jay Blanchard, owner of Safety Signs and Jim Connelly from APPRO Development
were in attendance at tonight’s meeting. Mr. Blanchard presented a short history of
his property and an overview of his request. He started his business in 1993 and
currently owns approximately 40 acres along I-35. He stated that they have
outgrown the facilities on the site and rezoning his property to PUD, Planned Unit
Development, would allow him to construct a building on the site to move outdoor
storage items inside.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the subject property is legal non-conforming and less than 10 acres in
size. The proposed new building would have 4,300 square feet of new office space
and 24,000 square feet of warehouse space. The property is located in MUSA
Expansion Area B (sewer not available before 2015) and is in the RAO, Rural
Agricultural Overlay District. This PUD will recognize the interim nature of the
current industrial use of the property until the time that sanitary sewer service is
available and the property develops consistent with the Comprehensive Plan.
Mr. Dempsey indicated that the area proposed to be rezoned includes two separate
metes and bounds described parcels. Parcel B is landlocked within Parcel A.
Parcel B used to be owned by CenterPoint Energy and there is an enclosed service
yard located within Parcel B for the high pressure gas main that runs north/south
through the property. The proposed improvements do not encroach into the 150 foot
wide gas utility easement. The two parcels shall be combined into a single tax
parcel with Dakota County with the City approving a Zoning Lot Designation Letter to
recognize the two parcels as one parcel for zoning purposes.
Mr. Dempsey explained the existing non-conformities and what the proposed PUD
would allow on the property. He explained the Mr. Blanchard owns two additional
properties shown as Parcels C and D on the survey and indicated that Parcels C
and D would have to develop first to bring sanitary sewer to the Safety Signs
property (Parcels A and B).
Mr. Dempsey reviewed the City’s Comprehensive Sanitary Sewer Plan, the private
on-site sanitary sewer service, site access, parking, the existing office building and
property encroachments, all of which are described in detail in the April 1, 2016
planning report.
Mr. Dempsey stated that Planning Department staff recommends approval of the
Safety Signs zoning map amendment to rezone Parcels A and B to PUD, subject to
the 9 stipulations listed in the April 1, 2016 planning report, along with Findings of
Fact dated April 7, 2016.
Planning Commission Meeting Minutes, April 7, 2016 Page 10
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Kaluza, seconded by Kelvie to close the public hearing at
7:41 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
• The Planning Commission discussed what could be built on the subject
property given the current zoning along with the interim nature of the existing
use. Mr. Morey explained that redevelopment of the property will likely occur
after City sanitary sewer trunk lines are extended north to the area of the
subject property.
• The Planning Commission agreed that this is a challenging area with the
interim nature of the Safety Signs use. They felt it would be in Safety Sign’s
best interest to eventually relocate their business when City sewer is made
available to their property for redevelopment to a higher and better use. The
PUD rezoning is a good solution for Safety Signs to continue to prosper in the
interim.
Motion was made by Kelvie, seconded by Einck to recommend to City Council
approval of the Safety Signs Zoning Map amendment to rezone property from RM-2,
Medium Density Residential District to PUD, Planned Unit Development District,
located at 19784 Kenrick Avenue, subject to the following 9 stipulations, and
adoption of the Findings of Fact dated April 7, 2016:
1. Parcels A and B shall be developed in accordance with the site plan approved by
the City Council.
2. Parcels A and B as shown on the Certificate of Survey shall be combined into a
single tax parcel with Dakota County. Planning Department staff will approve a
Zoning Lot Designation Letter to combine the parcels for zoning purposes. The
zoning Lot Designation Letter shall be recorded on the property title prior to the
issuance of a building permit.
3. The PUD District ordinance will allow the uses currently occurring on the property
including office, storage, the manufacturing of traffic control signs and outdoor
storage restricted to Parcels A and B only.
4. The future subdivision of Parcels A or B, or the construction of any future
buildings on those properties other than allowed by the site plan approved by the
City Council, shall require an amendment to this PUD.
5. The private sanitary sewer must be inspected and determined to be code
compliant and capable of accepting the two additional restrooms prior to
issuance of a building permit.
Planning Commission Meeting Minutes, April 7, 2016 Page 11
6. All physical and material encroachments onto the adjacent City-owned property
shall be removed prior to the issuance of a building permit for the new building.
7. A cross access easement and shared parking agreement shall be drafted and
recorded against Parcel A and Parcel C.
8. Bituminous pavement shall be installed between the proposed building and the
existing shop and storage building.
9. The site shall be developed in accordance with the recommendations outlined in
the March 30, 2016 engineering report.
Ayes: Swenson, Reuvers, Kaluza, Drotning, Lillehei, Einck, Kelvie
Nays: 0
Mr. Blanchard thanked the Planning Commission for their consideration of his
building project.
9. Election of Planning Commission Officers
Motion was made by Drotning, seconded by Reuvers to elect Commissioner
Jason Swenson to the office of Chair and to nominate Commissioner Brooks Lillehei
to the office of Vice Chair effective April 7, 2016, and to close nominations.
Chair Swenson commented that he would be honored to continue as the Chair of the
Planning Commission for another year.
Ayes: Reuvers, Kaluza, Drotning, Lillehei, Einck, Kelvie, Swenson
Nays: 0
There being no further business, the meeting was adjourned at 7:55 p.m.
The Planning Commission immediately went into their work session.
Respectfully submitted,
Penny Brevig, Recording Secretary