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HomeMy WebLinkAbout02-02-17 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES February 2, 2017 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, Karl Drotning, Paul Reuvers, Pat Kaluza, Elizabeth Bakewicz, Ex-officio member Nic Stevens Members Absent: Scott Einck, Jason Kelvie 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 January 19, 2017 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated the following items were distributed to the Planning Commission at tonight’s meeting:  February 1, 2017 Parks, Recreation and Natural Resources Committee th draft motions for the Chokecherry Hill 6 Addition and Kenwood Trail Business Park preliminary plats  E-mail from a resident voicing her concerns regarding Agenda Item 6, Lakeville Christian Church CUP  Copy of the concept plan for the CSAH 50 Kenwood Corridor Study in relation to Agenda Item 7, Kenwood Trail Business Park th 5. Chokecherry Hill 6 Addition Chair Swenson opened the public hearing to consider the application of Shamrock th Development for the following, located north of 190 Street and east of Dodd Boulevard (CSAH 9): A. Preliminary plat of three single family residential lots to be th known as Chokecherry Hill 6 Addition; and B. Vacation of a public drainage and utility easement. Jim Stanton of Shamrock Development was not in attendance. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that Shamrock Development has applied for a preliminary and final plat for three single family th residential lots located north of 190 Street and east of Dodd Boulevard. Planning Commission Meeting Minutes, February 2, 2017 Page 2 Ms. Jenson indicated that there are no new public streets, sanitary sewer or water th improvements for Chokecherry Hill 6 Addition. These were completed with the nd development of Chokecherry Hill 2 Addition. All three lots in the preliminary and final plat meet the RST-2 District lot area, width, depth, and setback requirements of the Zoning Ordinance. Ms. Jenson indicated that all three lots abut Dodd Boulevard, requiring increased buffer yard lot depth and setbacks. There is a permanent public drainage and utility easement on the parent parcel, nd Outlot C, Chokecherry Hill 2 Addition, that must be vacated in conjunction with the th Chokecherry Hill 6 Addition plat. These easements are along the east property line adjacent to Iden Way and along the west property line adjacent to Dodd Boulevard. Ms. Jenson indicated that these easements will be replaced with the public drainage th and utility easements shown on the Chokecherry Hill 6 Addition final plat. th Ms. Jenson stated that staff recommends approval of the Chokecherry Hill 6 Addition preliminary and final plat and vacation of the public drainage and utility easement, subject to the 4 stipulations listed in the January 26, 2017 planning report. Chair Swenson 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 6:06 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. The Planning Commission agreed that this plat is a logical extension of the Chokecherry Hill development. There were no other comments. Motion was made by Lillehei, seconded by Bakewicz to recommend to City th Council approval of the Chokecherry Hill 6 Addition preliminary plat of three single family residential lots and vacation of a public drainage and utility easement, located th north of 190 Street and east of Dodd Boulevard (CSAH 9), subject to the following stipulations: 1. The recommendations listed in the January 26, 2017 engineering report. 2. The recommendations of the Parks, Recreation, and Natural Resources Committee. 3. Buffer yard landscaping must be installed consistent with the approved landscape plan and Zoning Ordinance requirements. A $5,550 security must be submitted by the developer to guarantee installation of the buffer yard landscaping. 4. A $1,000 cash escrow must be submitted with the building permit application for th each lot within the Chokecherry Hill 6 Addition plat to guarantee installation of Planning Commission Meeting Minutes, February 2, 2017 Page 3 the buffer rear yard sod. This escrow will be in addition to the two trees/lot and front yard sod escrow required at the time of building permit. Commissioner Drotning commented that it is unusual the Planning Commission would make a recommendation on a preliminary plat without the developer being present, but because the three lots were shown conceptually on the Chokecherry nd Hill 2 Addition plans, he is comfortable recommending approval. Ayes: Bakewicz, Lillehei, Swenson, Reuvers, Kaluza, Drotning Nays: 0 6. Lakeville Christian Church Chair Swenson opened the public hearing to consider the application of Lakeville Christian Church for a conditional use permit to allow the following, located at 16701 Joplin Way: A. A church in the RS-3, Single Family Residential District; and B. An exception to the exterior building material requirements to convert a single family home to an institutional use. Mark Holman, representing the Lakeville Christian Church Board of Trustees presented an overview of their request. He stated the size of the home and the exterior materials will remain unchanged. Cars will enter and exit the site from the th proposed parking lot access off of 167Street. He indicated there will be 30 to 40 members that will attend this church and the building will only be used for worship services and not any other events. The length of their meetings will be 30 to 60 minutes, twice a week. He added that this will be their third location in Lakeville. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Lakeville Christian Church representatives have submitted an application for a conditional use permit (CUP) to allow a single family split level home, located in the Rolling Oaks South Plat Two residential development at 16701 Joplin Way, to be converted to a church with a 40 seat main assembly hall along and a 16 stall parking lot. The subject property is zoned RS-3, Single Family Residential District. Their request also includes an exception from the exterior building material requirements for institutional uses so the church can maintain the existing residential character of the neighborhood by keeping the residential design and exterior building materials intact. The subject property is the largest lot in the Rolling Oaks South development and meets or exceeds the minimum required lot area and setback requirements for the RS-3 District. Mr. Dempsey indicated that if the property is no longer used for a church, the building shall be converted back to a single family residential use, the parking lot shall be removed, and groundcover shall be reestablished in compliance with Zoning Ordinance requirements prior to building occupancy. Planning Commission Meeting Minutes, February 2, 2017 Page 4 Mr. Dempsey reviewed the performance standards applicable for this CUP request including both a church in the RS-3, Single Family Residential District and an exception to the exterior building material requirements. He stated the church representatives hosted a neighborhood meeting on January 12, 2017 to introduce their proposal and to answer questions from the neighboring residents. Mr. Dempsey stated that staff recommends approval of the Lakeville Christian Church CUP and adoption of the Findings of Fact dated February 2, 2017, subject to the 18 stipulations listed in the January 27, 2017 planning report. Chair Swenson 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 6:22 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion points included:  Commissioner Bakewicz asked if signage is allowed. Mr. Dempsey stated that church representatives have not asked for any signs, but if one is requested, they would need a sign permit and it would have to be in compliance with Zoning Ordinance requirements. Staff is recommending that no wall signs be allowed to keep with the residential character of the neighborhood.  Confirmed that there have been no complaints or zoning violations in conjunction with their other two Lakeville church locations. th  Commissioner Reuvers asked for a definition of a minor collector street (167 th Street). He agreed it made sense to have the parking lot access off of 167 Street.  The Planning Commission agreed that the concerns expressed in the neighborhood resident emails have been addressed either in the planning report or at tonight’s meeting. The church will probably generate less traffic than a single family home.  Commissioner Drotning commented that churches are typically located in residential areas.  Chair Swenson asked the applicant if they are planning similar churches in the city in the future. Considering this will be their third church in Lakeville, he asked why they didn’t build one larger church. Mr. Holman commented that with the three churches, they can break into smaller groups, which allows everyone in attendance to be more actively involved. They are not planning any more churches in Lakeville at this time. Planning Commission Meeting Minutes, February 2, 2017 Page 5 Motion was made by Lillehei, seconded by Drotning to recommend to City Council approval of the Lakeville Christian Church conditional use permit to allow a church in the RS-3, Single Family Residential District and an exception to the exterior building material requirements to convert a single family home to an institutional use, located at 16701 Joplin Way, and adoption of the Findings of Fact dated February 2, 2017, subject to the following stipulations: 1. The parking lot and other site improvements on the property shall be completed consistent with the site plan approved by the City Council. 2. Site development is subject to the recommendations outlined in the January 23, 2017 engineering report. 3. The existing house exterior shall remain residential in character consistent with other single family homes in the neighborhood. 4. An easement encroachment agreement shall be approved by the City Council prior to construction of the parking lot and related site grading. 5. Landscaping shall be installed according to the approved site plan. The eight foot tall conifer trees along the south boundary shall be staggered 15 feet on center. The landscaping shall remain alive and in healthy condition to act as an effective screen of the parking lot. Any dead landscaping shall be promptly replaced with like landscaping in compliance with the approved site plan and Zoning Ordinance requirements. 6. Parking shall be restricted to the on-site parking lot and shall not occur on any public street. 7. When the property is no longer used for a church or religious institution, the building shall be reconverted for single family residential use, the parking lot shall be removed and groundcover reestablished in compliance with Zoning Ordinance requirements prior to building occupancy. 8. The property shall not be used for commercial, residential or residential shelter purposes for the church use allowed as part of this conditional use permit. 9. Amplification of sound outdoors is not permitted. 10. Required parking spaces shall not be used for snow storage. 11. The parking lot shall be constructed with raised concrete curb and gutter and paved with concrete, asphalt or paving brick as required by the Zoning Ordinance prior to occupancy of the building for church assembly purposes. 12. Provisions shall be made for periodic litter control, an interior location for recycling, and trash handling and storage. 13. The use and property shall be in compliance with any federal, state or county law or regulation that is applicable and any related permits shall be obtained and documented to the city. 14. A building permit is required prior to commencing any building remodeling. 15. The fence encroachments shall be corrected and brought into compliance with Zoning Ordinance requirements. A fence permit must be submitted for the relocation or for any new fence construction. 16. Any future proposed building expansion or other intensification of the use, including seating greater than 40 persons, shall require a conditional use permit amendment and must meet zoning Ordinance requirements. 17. A wall sign shall not be allowed on the church building. Any other signs shall require a sign permit and must meet Zoning Ordinance requirements. Planning Commission Meeting Minutes, February 2, 2017 Page 6 18. A financial security of $20,000 shall be submitted to guarantee completion of the site improvements required by this conditional use permit. Ayes: Lillehei, Swenson, Reuvers, Kaluza, Drotning, Bakewicz Nays: 0 7. City of Lakeville Chair Swenson opened the public hearing to consider the application of the City of Lakeville for a preliminary plat of two commercial lots and seven outlots to be known as Kenwood Trail Business Park, located on the northeast side of Kenwood Trail (CSAH 50), west of Icenic Trail. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated the City of Lakeville and Dakota County have initiated the redevelopment of property northeast of Kenwood Trail (CSAH 50), east of Ipava Avenue, west of Icenic Trail and south of the Viking Square townhomes. The proposed plat includes property acquisitions, consolidations, and street construction initiated as part of the Kenwood Trail reconstruction project planned for 2017 and 2018. The preliminary plat includes two lots and seven outlots and the final plat includes one lot and six outlots. The redevelopment plan includes the construction of a new public street between the Viking Square townhomes and the commercial area adjacent to Kenwood Trail that will act as a backage road. Mr. Dempsey explained the existing conditions of the preliminary plat area and which businesses are directly or indirectly impacted by the CSAH 50 improvement project. The lots in the preliminary and final plats exceed the minimum lot area and lot width requirements for the C-3 and O-R Districts. Lot 1, Block 1 of the final plat is proposed for the relocation of McDonald Eye Care. Mr. Dempsey reviewed the CSAH 50 Kenwood Corridor Study concept plan that was distributed at tonight’s meeting which shows the remaining businesses along Kenwood Trail and the location of the backage road, Innovation Way, which will provide access to the businesses along Kenwood Trail that will lose direct access to Kenwood Trail as part of the improvement project. Significant trees will be removed for the Kenwood Trail improvement project and for the construction of Innovation Way. Mr. Dempsey indicated that individual site development within future lots will include tree preservation and landscaping at that time. The City will install a landscape screening buffer between Innovation Way and the adjacent Viking Square townhomes following construction of Innovation Way. The drainage and utility easement on the property previously occupied by Dr. Emond’s office off of Icenic Trail will be vacated with the City Council’s consideration of the preliminary and final plat. Planning Commission Meeting Minutes, February 2, 2017 Page 7 Mr. Dempsey stated that staff is recommending approval of the Kenwood Trail Business Park preliminary and final plat, subject to the 2 stipulations listed in the January 27, 2017 planning report. Chair Swenson opened the hearing to the public for comment. Joseph and Ruth Raible, 20031 Ideal Way Ms. Raible commented that they get a lot of foot traffic through their townhome lot and she thinks that the construction of Innovation Way will add to it. She also thinks the value of their townhome will decrease. Wendy Ottum, 20039 Ideal Way Ms. Ottum was told that someone would be coming out to their property to explain to them which trees would be removed directly behind their home. Nobody has done that yet. She is concerned that they will not have any privacy with the addition of Innovation Way and will see directly into the White Funeral Home parking lot. Motion was made by Drotning, seconded by Kaluza to close the public hearing at 6:44 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion points included:  Regarding the removal and installation of trees along Innovation Way, the Planning Commission discussed the possibility of installing more trees on the White Funeral Home property to help maximize the screening of the funeral home parking lot.  Commissioner Drotning commented that the trees should be planted as close as possible to the right-of-way line so they don’t hang over the trail along Innovation Way when they reach full size.  Commented that the reason for the construction of Innovation Way is due to Dakota County access restrictions to Kenwood Trail (CSAH 50) and to address traffic safety.  Confirmed that construction is anticipated to begin this summer.  Officer Stevens commented that the parking lots are private property and the business owners can post “no skateboarding” or “no loitering” signs. Because there will be new traffic patterns with the reconstruction project, police officers would likely patrol the area more after the streets initially open. He stressed to the residents to call the police if there is a problem with trespassing, etc.  It was concluded that the neighbors should talk with the City Engineer and the City Forester regarding the types of trees to be planted along Innovation Way, and their location, as part of the reconstruction project. Planning Commission Meeting Minutes, February 2, 2017 Page 8 Motion was made by Lillehei, seconded by Bakewicz to recommend to City Council approval of the Kenwood Trail Business Park preliminary plat of two commercial lots and seven outlots, located on the northeast side of Kenwood Trail (CSAH 50), west of Icenic Trail, subject to the following stipulations: 1. The property shall be developed in accordance with the recommendations outlined in the engineering report dated January 24, 2017. 2. The site shall be developed according to the preliminary and final plat plans approved by the City Council. Ayes: Swenson, Reuvers, Kaluza, Drotning, Bakewicz, Lillehei Nays: There being no further business, the meeting was adjourned at 6:58 p.m. Respectfully submitted, Penny Brevig, Recording Secretary