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HomeMy WebLinkAbout07-21 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES July 21, 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, Vice Chair Brooks Lillehei, Scott Einck, Karl Drotning, Elizabeth Bakewicz Jason Kelvie, Ex-officio member Nic Stevens Members Absent: Paul Reuvers, Pat Kaluza Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Kris Jenson, Associate Planner; Zach Johnson, City Engineer; Matt Decur, Project Engineer; and Tamara Wallace, Recording Secretary 3. Approval of the Meeting Minutes The June 16, 2016 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated the following items were distributed at tonight’s meeting: 1. July 20, 2016 Parks, Recreation and Natural Resources Committee draft motion regarding the Bee Well preliminary and final plat and the Kenwood Place preliminary plat. Chair Swenson reminded the Planning Commission of the work session immediately following tonight’s meeting. 5. Brian Lynch Chair Swenson opened the public hearing to consider the application of Brian Lynch for a conditional use permit to allow the construction of a 900 square foot detached garage located at 18486 Jambeau Court. Brian Lynch presented a short overview of his request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Brian Lynch has submitted an application for a CUP to allow the construction of a two level, 15 foot tall detached accessory building that will result in a total combined accessory building area greater than the maximum 1,500 square feet allowed in the RS-2 District. The proposed new 900 square foot detached accessory building combined with the existing attached combination garage/tool Planning Commission Meeting Minutes, July 21, 2016 Page 2 room and tuck-under storage area garage would total 2,216 square feet of accessory building square footage. Mr. Dempsey explained that the applicant is proposing to convert 323 square feet of the existing 1,040 square foot attached garage to living space accessible from the home and the 276 square foot tuck-under garage space to living space, also accessible from the home. These changes would bring the total accessory building area to 1,617 square feet. Mr. Dempsey reviewed the setbacks, appearance, and height of the proposed accessory building, along with the criteria for an accessory building CUP, which are listed in detail in the July 15, 2016 planning report. Mr. Dempsey stated that Planning Department staff recommends approval of the Lynch conditional use permit and adoption of the Findings of Fact dated July 21, 2016, subject to the 7 stipulations listed in the July 15, 2016 planning report. Chair Swenson opened the hearing to the public for comment. Motion was made by Lillehei, seconded by Kelvie to close the public hearing at 6:09 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 commented that the staff report and Zoning Ordinance clearly identify the requirements for a conditional use permit, which the applicant has met. • Commissioner Swenson agreed all performance standards have been satisfied. Motion was made by Drotning, seconded by Kelvie to recommend to City Council approval of the Brian Lynch conditional use permit to allow the construction of a 900 square foot detached garage, located at 18486 Jambeau Court, and adoption of the Findings of Fact dated July 21, 2016, subject to the following stipulations: 1. The detached accessory building shall be constructed in the location identified on the certificate of survey submitted with the conditional use permit application as prepared by Brandt Engineering dated April 18, 2016. 2. The detached accessory building shall be constructed with cement board siding and cedar or asphalt roof shingles and to the size and dimensions identified on the plans submitted with the conditional use permit application. Total building height shall not exceed 15 feet, as defined by the Zoning Ordinance. 3. The proposed conversion of an existing portion of the attached accessory building to living space directly accessible from the home as described in the Planning Commission Meeting Minutes, July 21, 2016 Page 3 applicant’s narrative and as defined by Building Code, no later than one year after approval of the conditional use permit. 4. The detached accessory building shall be kept, used and maintained in a manner that is compatible with the existing single family home on the property and shall not present a hazard to the public health, safety and general welfare. 5. A building permit must be approved by the City prior to construction of the new detached accessory building. 6. No sanitary sewer service shall be provided to the detached accessory building and no accessory building shall be used as a dwelling. 7. No home occupation shall be permitted within any accessory building on the property. The accessory building shall not be used for the operation of any commercial business or storage of commercial equipment. Ayes: Kelvie, Einck, Lillehei, Swenson, Bakewicz, Drotning Nays: 0 6. Kenwood Place Chair Swenson opened the public hearing to consider the application of The Jarvis Company, LLC for the following, located north of 172nd Street, west of Kenwood Trail (CSAH 5), and south of Klamath Trail: A. Preliminary plat of 30 townhome lots and two commercial lots to be known as Kenwood Place; B. Comprehensive Plan amendment to re-guide a portion of the property from Commercial to Low/Medium Density Residential; and C. Zoning Map amendment to rezone the property from C- 3, General Commercial District to PUD, Planned Unit Development District. Developer Peter Jarvis of The Jarvis Company and builder Steve Schwieters of Wooddale Builders presented an overview of the request. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that The Jarvis Group, LLC has applied for a preliminary plat, Comprehensive Plan amendment, and Zoning Map amendment to allow the development of 30 townhome units and two commercial lots on 27.04 acres to be known as Kenwood Place. The Comprehensive Plan amendment would re-guide a portion of the property from Commercial to Low/Medium Density Residential. The Zoning Map amendment would rezone the entire property from C-3, General Commercial District to PUD, Planned Unit Development. Ms. Jenson reviewed the existing conditions, streets, sidewalks/trails, tree preservation, and park dedication. She indicated that the Kenwood Place preliminary plat contains four wetland areas. Ms. Jenson reviewed the RM-1 development standards, including homeowner’s association, exterior building materials, garages, private streets, guest parking, and landscaping. Ms. Jenson indicated that building setback flexibility is being requested as part of the proposed rezoning to PUD. The developer is requesting, due to the wetlands on site, a reduction in the required setback from the private street from 30 feet to 25 feet for the townhome units. Ms. Jenson indicated that given that these Planning Commission Meeting Minutes, July 21, 2016 Page 4 townhome units will abut City-owned parcels which are restricted from development, the reduced setbacks are acceptable to City staff. Mr. Jenson indicated that the developer has also requested a reduction in the setback between the townhome buildings, which is explained in the July 14, 2016 planning report. Ms. Jenson stated that Planning Department staff recommends approval of the Kenwood Place preliminary plat, Comprehensive Plan amendment, and Zoning Map amendment, subject to the 10 stipulations listed in the July 14, 2016 planning report. Chair Swenson opened the hearing to the public for comment. Barbara Obershaw, 17077 Kings Court • As a resident of the adjacent Rock Island Townhomes that borders the proposed development, she is concerned the City does not have a current tree preservation policy in place, and that the disappearance of trees on the site will deter wildlife. Bernie Vertnik, 16932 Kings Court • Asked whether there was a map or drawing that shows how Kenwood Place would overlap with the existing development in Rock Island Townhomes; clarification on the distance between townhomes in Kenwood Place & Rock Island Townhomes; and should this development not go in, what types of businesses or structures are zoned for this area. Mike Belzer, 17060 Kings Court • Encouraged staff, the developers, and the Planning Commission to ensure the project is executed correctly, as done with recent developments, to maintain the uniqueness and quality of the area. Dennis Gillespie, 17542 Kodiak Court • What happened to the tree preservation plan the City implemented in the late 80’s; what plans are in place for snow removal and storage that will not impede on resident/visitor parking; and why there has been an increase in the number of townhomes since the original plan presented at “Parade of Homes.” Dick Cecchini, 17140 Judicial Road • Whether the development has underwent an environmental impact study given its proximity to the wetlands; will there be artificial sediment ponds created to handle the new dirt generated; what is the overall impact on the wetlands’ ability to maintain Orchard Lake water quality. Motion was made by Drotning, seconded by Kelvie to close the public hearing at 6:45 p.m. Planning Commission Meeting Minutes, July 21, 2016 Page 5 Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion points included: • Chair Swenson asked staff to address the following resident questions/comments: Clarification on the distance between the Rock Island Townhomes development and the proposed homes, location of the trees to be preserved, sedimentation ponds, snow removal and storage, wetland impact, storm water management, tree preservation and policy, businesses allowed under a C-3 zoning district, environmental review studies required, and the change in the number of townhomes from the original plan. • The developer’s engineer, Randy Hedlund, showed the existing conditions survey, which he used to measure the approximate distance from the proposed units to the closest Rock Island townhome, which is about 600 feet. He also identified a large basin the City is constructing as part of the 172nd Street realignment project for sediment control, as well as a manhole system set up for sediment removal. • Peter Jarvis pointed out the areas within the development designed as potential snow storage areas that will not compromise guest parking given the proposed 30 foot private street width. In addition, he spoke to the extensive wetland analysis required to ensure there were no negative environmental impacts, and the various design constraints that resulted from detailed site studies. • City Engineer Zach Johnson addressed storm water management and wetland impacts, indicating that this particular project has met the City’s design standards as well as the watershed and MPCA’s standards with regards to water quality and treatment control. • Planning Director Daryl Morey clarified the tree preservation requirements and stated developers work with City staff to determine opportunities for saving trees. Mr. Morey stated the tree preservation plan indicates which trees are proposed to be saved. He suggested the developer and/or his engineer meet with the Rock Island Townhomes residents to identify in the field the trees that will be saved. Commissioner Drotning added that City ordinance does not require that a specific number of trees be saved, largely due to the uniqueness of each site. Both Commissioner Drotning and Chair Swenson clarified that trees must be removed to make any site developable. • Ms. Jenson described the various businesses that could build on the property should it not be rezoned to PUD, which include general retail uses, offices, gas stations and fast food restaurants by conditional use permit, and any number of other commercial uses. • Mr. Morey clarified that both an Environmental Assessment Worksheet and Environmental Impact Study are not required for this project because it does not surpass the EQB’s residential development threshold. However, as described by Mr. Johnson, there has been a significant environmental and engineering review of the proposed project to ensure compliance with environmental regulations. Planning Commission Meeting Minutes, July 21, 2016 Page 6 • Chair Swenson indicated that while they do not know how many units were planned initially, the Planning Commission’s responsibility is to review this application and the number of units currently being proposed. • Commissioners Kelvie and Drotning emphasized that the design has been well thought out, and given the possibilities for commercial uses, is an ideal project for this property. In addition, Commissioner Drotning indicated the improved access for the development given the road realignment currently under construction. • Commissioner Einck asked about the differences in the setback between buildings proposed for this project versus other similar projects. Ms. Jenson clarified the proposed building setbacks are based on site constraints and project design. Mr. Morey added that without the reduced setbacks, the property would likely not be developable for residential use. • Commissioner Lillehei asked whether the parcels surrounding this one are currently zoned as C-3, and stated he liked that the private streets within the development will be wider to allow sufficient space for snow plows. Ms. Jenson and Mr. Morey indicated that as part of the 2018 Comprehensive Plan update, the adjacent undeveloped parcels could possibly be evaluated for a different land use, should there not be a proposed redevelopment prior to that time. • Commissioner Bakewicz stated that based on her own experience, the wildlife in the wetland area near her home remained even after a new development was constructed in the area. Motion was made by Kelvie, seconded by Einck to recommend to City Council approval of the Kenwood Place preliminary plat of 30 townhouse lots and two commercial lots, Comprehensive Plan amendment to re-guide a portion of the property from Commercial to Low/Medium Density Residential, and Zoning Map amendment to rezone the property from C-3, General Commercial District to PUD, Planned Unit Development District, subject to the following stipulations: 1. The recommendations listed in the July 14, 2016 engineering report. 2. The recommendations of the Parks, Recreation, and Natural Resources Committee. 3. Prior to the issuance of building permits for the site, 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. 4. Outlots A, B, C, and D shall be deeded to the City with the final plat. 5. The landscape plan shall be modified to reflect the required eight (8) foot tall minimum planting size for evergreen trees and to include landscaping within Lot 31 (HOA common lot) at the rear of the townhome units located on Lots 3-30. 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. Planning Commission Meeting Minutes, July 21, 2016 Page 7 8. If a subdivision identification sign is proposed, it must meet the size and location requirements of the Zoning Ordinance and a permit must be issued by the City prior to the sign’s installation. 9. The Comprehensive Plan and Zoning Map amendments are subject to the recording of the Kenwood Place final plat. 10. The townhomes must meet RM-1 District requirements, except as follows: a. Street C cul-de-sac length in excess of 600 feet b. The allowance of on-street guest parking spaces c. Building setback to private streets – 25 feet d. Setback between buildings – 14 feet e. Deck setback to Klamath Trail – 30 feet f. Private streets Ayes: Einck, Lillehei, Swenson, Bakewicz, Drotning, Kelvie Nays: 0 7. Bee Well Development Chair Swenson abstained from discussion on Bee Well Development due to professional conflict of interest. Vice Chair Lillehei opened the public hearing to consider the application of Dr. Mohamed El Deeb for a preliminary and final plat of five single family residential lots and three outlots to be known as Bee Well Development, located west of Judicial Road and south of 170th Street. Dr. Mohamed El Deeb and Grant Jacobson from Jacobson Engineering were in attendance at tonight’s meeting. Dr. El Deeb presented an overview of his request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the Bee Well Development preliminary and final plat consists of five single family lots. The subject property presently consists of two parcels zoned RS- 1, Single Family Residential District. The properties abut the Lakeville/Scott County line. Mr. Dempsey explained the driveway situation for the existing single family homes located in Scott County that provide access to Judicial Road in Lakeville, which is also explained in detail in the July 14, 2016 planning report. The two driveways both cross the property proposed for development. The lot area and lot width for all five lots are compliant with Zoning Ordinance requirements for the RS-1 District including building setbacks. Three outlots are included with the Bee Well Development preliminary and final plat. Mr. Dempsey also reviewed the grading, tree preservation, and wetland plans. Planning Commission Meeting Minutes, July 21, 2016 Page 8 Mr. Dempsey stated that Planning Department staff recommends approval of the Bee Well Development preliminary and final plat, subject to the 6 stipulations listed in the July 14, 2016 planning report. Vice Chair Lillehei opened the hearing to the public for comment. Dick Cecchini, 17140 Judicial Road. • Would the costs associated with removing the power pole located on the property be the responsibility of the property owner? Keith Gruebele, 17249 Liberty Court. • Based on previous maintenance concerns with past development projects in this area, what are the processes in place to ensure future developments are done correctly, should the current owner decide to develop the site himself? Jode Gruebele, 17249 Liberty Court. • Would like clarification on whether the City has specific guidelines in place for owners on how a property can be sold – for example, can the lots be sold separately? Tony DrKula, 17155 Judicial Road. • How would the stormwater basin proposed to be installed on the property affect him? How much grading would be required on his property and how far would his driveway be moved? Motion was made by Kelvie, seconded by Drotning to close the public hearing at 7:50 p.m. Voice vote was taken on the motion. Ayes – unanimous Vice Chair Lillehei asked for comments from the Planning Commission. Discussion points included: • Vice Chair Lillehei asked staff to respond to the following resident questions and comments: the City’s role in assuring development standards are met, design of the stormwater basin, grading plans for the driveway, and what happens to the existing power pole on site. • Mr. Dempsey detailed the extensive development contract requirements for new developments, including the cash and security requirements to ensure that, should the developer default in any way, the City would have the right to use the securities to install the public improvements. • Project Engineer Matt Decur reviewed the storm water basin design within the outlot, which ensures minimal wetland impact and addresses the City’s drainage requirements. • Mr. Jacobson addressed Mr. DrKula’s concerns about grading on his property – all required grading for the driveway relocation is currently on Dr. El Deeb’s property. Planning Commission Meeting Minutes, July 21, 2016 Page 9 • Mr. Decur clarified that power lines from the pole located on the west side of Judicial Road are not required to be buried in developments that are six units or less; Dr. El Deeb’s proposed development is only five units. Commissioner Drotning pointed to the engineering report which states this as well. • Commissioner Drotning asked whether there are current access agreements in place between Dr. El Deeb’s and Mr. DrKula’s property, which staff indicated was correct. • Commissioner Kelvie asked for clarification on the placement of the driveway on the property, as well as who owns the driveway should Dr. El Deeb sell his home. Mr. Jacobson stated City staff provided direction to include the driveway in a 25 foot wide easement so that it would not be requested to become a public street in the future, while still maintaining two-way access. Mr. Dempsey noted that, should the adjacent property be subdivided, the driveway design would still allow access for all parties. In addition, should Dr. El Deeb sell this property, the permanent easement guarantees the property owner with the driveway will not lose access to Judicial Road. Motion was made by Kelvie, seconded by Bakewicz to recommend to City Council approval of the Bee Well Development preliminary and final plat of five single family residential lots and three outlots, located west of Judicial Road and south of 170th Street, subject to the following stipulations: 1. The recommendations listed in the Engineering Department memorandum dated July 14, 2016. 2. The recommendations of the Parks, Recreation and Natural Resources Committee. 3. A minimum of two trees shall be planted on each lot that does not have at least two saved trees. Trees to be installed shall meet the size and species requirements of the Zoning Ordinance. 4. Permanent unrestricted driveway access easements shall be established over Outlots A and B. 5. Outlot C shall be deeded to the City with the final plat. 6. Access between the single family home at 17155 Judicial Road and the traveled Judicial Road shall be maintained without restriction throughout the grading and development process. Ayes: Lillehei, Bakewicz, Drotning, Kelvie, Einck Nays: 0 Abstain: Swenson 8. Christian Heritage Academy Chair Swenson opened the public hearing to consider the application of APPRO Development for a conditional use permit (CUP) to allow the construction of Christian Heritage Academy, a private elementary and middle school, on the Crossroads Church property, located at 17671 Glacier Way. Jack Matasosky with APPRO Development presented an overview of their request. Planning Commission Meeting Minutes, July 21, 2016 Page 10 Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated APPRO Development, on behalf of Christian Heritage Academy, is requesting a CUP to allow the construction of a 28,444 square foot private elementary and middle school to the west of the existing Crossroads Church with a corridor connection between the two buildings. The project is proposed to include 12 classrooms, library, gymnasium, kitchen, and office space. Ms. Jenson reviewed the performance standards according to the Zoning Ordinance, which are listed in detail in the June 30, 2016 planning report. Ms. Jenson reviewed the parking requirements for the existing church and pre- school along with the proposed private school. The parking provided will exceed Zoning Ordinance requirements. Trails/sidewalks and landscaping were reviewed along with the building elevations and exterior building materials, all of which meet Zoning Ordinance requirements. All mechanical equipment for the school is proposed to be located on the roof of the building. Screening of the units will be required if the units are visible from the property perimeter or if the units are moved to ground level. Ms. Jenson stated that Planning Department staff recommends approval of the Christian Heritage Academy conditional use permit, and adoption of the Findings of Fact dated July 21, 2016, subject to the three stipulations listed in the July 13, 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 Drotning to close the public hearing at 8:26 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 pointed out a master plan was prepared for this site a number of years ago with the Crossroads PUD, and it is nice to see the project come together consistent with the original plan. • Commissioners Lillehei and Swenson admired the project for its dual purpose on the same property. Motion was made by Kelvie, seconded by Einck to recommend to City Council approval of the conditional use permit to allow the construction of Christian Heritage Academy, a private elementary and middle school, on the Crossroads Church Planning Commission Meeting Minutes, July 21, 2016 Page 11 property, located at 17671 Glacier Way, and adoption of the Findings of Fact dated July 21, 2016, subject to the following stipulations: 1. The recommendations listed in the July 13, 2016 engineering report. 2. The site plan and building addition shall be developed in accordance with the plans approved by the City Council. 3. Landscaping shall be installed consistent with the approved landscape plan. A $5,000 escrow shall be submitted with the building permit application to guarantee installation of the approved landscaping. 4. A building permit is required prior to commencing construction. The construction shall be completed in accordance with the approval of the Building Official and Fire Marshal. 5. A sign permit is required prior to the installation of any signs. Ayes: Swenson, Bakewicz, Drotning, Kelvie, Einck, Lillehei Nays: 0 9. City of Lakeville Chair Swenson opened the public hearing to consider an amendment to Section 11 of the Lakeville City Code (Zoning Ordinance) opting out of the requirements of Minnesota Statutes, Section 462,3593 concerning temporary family health care dwellings. Planning Director Daryl Morey presented the planning report. Mr. Morey explained the Zoning Ordinance amendment which states that the City of Lakeville opts-out of the requirements of Minnesota Statutes, Section 462.3593 concerning temporary family health care dwellings. Temporary family health care dwellings are temporary portable housing units that would be accessory to the principal dwelling on a residential property. The Statutes includes an application and review process as well as performance standards that cities must follow. While the allowance of temporary family health care dwellings would be consistent with goals of the City’s Comprehensive Plan, staff has concerns about the compatibility of these temporary dwellings with surrounding land uses. Mr. Morey indicated that these temporary family health care dwellings were discussed at the June 27, 2016 City Council work session with State Representative Roz Peterson, one of the authors of the legislation, as well as the owners of Next Door Housing, which manufactures these portable dwelling units. The City Council directed staff to prepare an ordinance opting out of the Statutes. The City Council also requested that City staff and the Planning Commission review temporary housing options as part of the annual Zoning Ordinance update. Mr. Morey stated that Planning Department staff recommends opting out of the State Statute requirements. Planning Commission Meeting Minutes, July 21, 2016 Page 12 Chair Swenson opened the hearing to the public for comment. Susan Mortenson, 8487 195th Street • Ms. Mortenson wanted to encourage the Planning Commission and City Council to try and fit temporary family health care dwellings into the City based on conveniences offered to the patients, family, and caregivers. Motion was made by Lillehei, seconded by Kelvie to close the public hearing at 8:35 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion points included: • Chair Swenson emphasized that this type of facility or feature is not being ruled out for future consideration; the regulations being mandated by State Statute are not consistent with the City’s current Zoning Ordinance, thus requiring the City to opt out to allow the City time to review the possibility of enacting our own regulations. • Mr. Morey added this use will be discussed at a future Planning Commission work session. He stated that this will allow greater public input and feedback on the topic. • Commissioner Drotning reiterated that the proposal as it stands now is inconsistent with existing City ordinances. Motion was made by Drotning, seconded by Bakewicz to recommend an amendment to Section 11 of the Lakeville City Code (Zoning Ordinance) opting out of the requirements of Minnesota Statutes, Section 462.3593 concerning temporary family health care dwellings, as presented. Ayes: Bakewicz, Drotning, Kelvie, Einck, Lillehei, Swenson Nays: 0 There being no further business, the meeting was adjourned at 8:40 p.m. The Planning Commission immediately went into their work session. Respectfully submitted, Tamara Wallace, Recording Secretary