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HomeMy WebLinkAbout05-04-17 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES May 4, 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 Pat Kaluza, Brooks Lillehei, Karl Drotning, Paul Reuvers, Scott Einck, Elizabeth Bakewicz, Ex-officio Member Mike Lamm Members Absent: Jason Kelvie Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Alex Jordan, Senior Project Engineer; Daniel Licht, The Planning Company; Andrea Poehler, City Attorney; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The April 20, 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:  May 3, 2017 Parks, Recreation and Natural Resources Committee meeting th motions regarding the Spirit of Brandtjen Farm 18 Addition and Lee Lake Subdivision preliminary plats.  E-mails that were received after the Planning Commission packet went out regarding Agenda Item 7, Mikayla Raines IUP. th 5. Spirit of Brandtjen Farm 18 Addition Chair Swenson opened the public hearing to consider the application of SBF Development Corp. for a preliminary plat and PUD development stage plans of 190 single family lots, 63 detached townhome lots, five common open space lots, and one th community clubhouse lot to be known as Spirit of Brandtjen Farm 18 Addition, th located south of 160 Street (CSAH 46) and east of Eagleview Drive. Jacob Fick from SBF Development Corp. presented an overview of the project, including the types of homes, the proposed HOA clubhouse, streets, and greenway trail corridor. Planning Commission Meeting Minutes, May 4, 2017 Page 2 Daniel Licht from The Planning Company presented the planning report. Mr. Licht stated that SBF Development Corporation has submitted applications for a PUD Development Stage Plan and preliminary plat. The amended land use from multiple family dwellings to single family lots is consistent with the ongoing buildout of SBF in response to current market conditions. The proposed detached townhomes are a good alternative to single family dwellings within SBF and for the City’s overall housing stock. The proposed HOA clubhouse is subject to a separate application for a PUD Development Stage Plan and subject to the performance standards of the Zoning Ordinance for clubhouse facilities within residential areas. Mr. Licht reviewed the single family lots, detached townhome lots, the street layout, sidewalks/trails, and landscaping, all of which are discussed in detail in the April 27, 2017 planning report. Mr. Licht stated that Outlot E provides for the public greenway trail corridor that follows nd the MCES interceptor easement from Eagleview Drive to 162 Street. Connections from the greenway corridor are provided to the adjacent neighborhoods via trail corridors to Street N and Street E. th Mr. Licht stated that staff recommends approval of the Spirit of Brandtjen Farm 18 Addition preliminary plat and development stage PUD plans subject to the 10 stipulations listed in the April 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 Lillehei, seconded by Einck to close the public hearing at 6:13 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion points included:  Confirmed that there will be one master homeowners association for the Spirit of Brandtjen Farm development.  The Planning Commission complimented Mr. Fick on the outcome of the SBF PUD. Mr. Fick stated that it has been a great collaboration between developer and the City. Motion was made by Lillehei, seconded by Reuvers to recommend to City Council th approval of the Spirit of Brandtjen Farm 18 Addition preliminary plat and PUD development stage plans of 190 single family lots, 63 detached townhome lots, five th common open space lots, and one community clubhouse lot, located south of 160 Street (CSAH 46) and east of Eagleview Drive, subject to the following stipulations: Planning Commission Meeting Minutes, May 4, 2017 Page 3 th 1. SBF 18 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. th 2. Single family dwellings and detached townhouses within SBF 18 Addition are subject to the lot requirements established for cottage lots, traditional lots and detached townhomes as designated on the Lot Designation Plan (Exhibit J) in accordance with the PUD Standards table on page 7.1 of the SBF PUD Booklet. 3. Development of Lot 19, Block 15 will be subject to a separate application for a PUD Development Stage Plan and subject to the performance standards outlined by 11-53-7.D of the zoning ordinance for clubhouse facilities within residential areas. 4. One side of Draft Horse Boulevard and all local streets without a bump out for on- street parking shall be posted as no parking zones. 5. Outlot E shall be deeded to the City for park dedication purposes. The park dedication shall be consistent with the SBF PUD Master Development Agreement. 6. Outlots C and H shall be deeded to the City for stormwater management purposes. 7. The greenway trail corridor planting plan is subject to review and approval by the City. 8. All drainage and utility easements are subject to review and approval of the City Engineer. 9. All grading, drainage, and erosion control issues are subject to review and approval of the City Engineer. 10. All utility issues are subject to review and approval of the City Engineer. Ayes: Bakewicz, Einck, Lillehei, Swenson, Kaluza, Reuvers, Drotning Nays: 0 6. Lee Lake Subdivision Chair Swenson opened the public hearing to consider the application of Guardian nd Development of WY LLC for the following, located west of I-35 and south of 162 Street (CSAH 46): A. Preliminary plat of three lots and one outlot to be known as Lee Lake Subdivision; B. Conditional use permit for a planned shoreland development; C. Amendment to the Jackson Landscaping planned unit development (PUD), and development stage PUD plans for a 120 dwelling unit multiple family building and a 62,400 square foot self-storage facility; and D. Vacation of a public drainage and utility easement (Document No. 3023214) and a public drainage, utility and sloping easement (Document No. 1107262). Ross Malinski from Guardian Development of WY LLC presented an overview of the request, thanked City staff for working with them throughout the process, and introduced the development team. Andy Krenik from Tushie Montgomery Architects presented the project design/amenities. Daniel Licht, The Planning Company, presented the planning report. Mr. Licht stated that Guardian Development Company of WY, LLC has submitted plans for a mixed use development including a 120-unit multiple family building, a 62,400 square foot enclosed self-storage facility, and a 12,000 square foot multiple tenant retail building. The subject site is adjacent to Kenyon Avenue and abuts the east shoreline of Lee Planning Commission Meeting Minutes, May 4, 2017 Page 4 Lake. The developer has submitted applications for an ordinance amending the existing Jackson Landscaping planned unit development (PUD) governing the property to allow for the proposed uses, a PUD Development Stage Plan for the multiple family and self-storage uses, a conditional use permit for a planned shoreland development, and a preliminary plat and final plat. Mr. Licht indicated that the proposed retail use for the subject site is consistent with the commercial land use designated on the 2008 Comprehensive Plan. Direction was given by the City Council that City staff will work with developers on consideration of multiple family uses within existing commercial districts on a case-by-case basis and use the RH-2 District performance standards to establish a PUD District. Mr. Licht stated that the proposed self-storage facility can provide for a secondary use of the property that maximizes available lot area and provides efficiency of development. Mr. Licht reviewed the surrounding land uses and indicated that the setbacks of the three principal buildings and the off-street parking areas comply with the Zoning Ordinance. The area of the preserved open space within the subject site and the proposed impervious surface area also complies with Zoning Ordinance requirements. Mr. Licht stated that the Zoning Ordinance allows for an increase in residential development density if the minimum setback from the OHWL is increased 50 percent, which the proposed multiple family building complies with, along with complying with Shoreland Overlay District density limits. Mr. Licht discussed the future upgrade of Kenyon Avenue adjacent to the site, access to the site via two shared driveways to Kenyon Avenue, and off-street parking. He indicated that depending upon the occupancy of the multiple tenant retail building (with or without a restaurant), the subject site either has sufficient parking or a parking deficit of six stalls by Zoning Ordinance requirements. He added that since the parking deficiency is less than two percent of the required stalls, the six stalls not provided are anticipated to be off-set by the peak demand of the three principal uses and the parking provided on site will be adequate. The building materials for the multiple family building and the self-storage building comply with the Zoning Ordinance requirements. No plans have been provided for the future retail building. The exterior finish requirements are subject to the C-3 District Zoning Ordinance requirements. The proposed building heights and the floor area are consistent with the C-3 District and appropriate for the subject site abutting the I-35 corridor. The landscape plan complies with the Zoning Ordinance. Landscaping was added to the site plan adjacent to the drive aisle to/from the underground garage for the multiple family building to ensure headlight glare is not cast towards Lee Lake. Sign plans have been submitted for the multiple family building and the self-storage facility and both meet Zoning Ordinance requirements. Planning Commission Meeting Minutes, May 4, 2017 Page 5 Mr. Licht reviewed the exterior lighting, grading, utilities and easements required, along with the park dedication requirement. Mr. Licht stated that the developer hosted a neighborhood meeting for the proposed development on March 14, 2017. City staff was present and 30 residents attended the meeting. Comments received during the meeting were incorporated into the revised plans submitted with the development applications. Mr. Licht stated that staff recommends approval of the Lee Lake Subdivision applications subject to the seven stipulations listed in the April 27, 2017 planning report. Chair Swenson opened the hearing to the public for comment. Jim McCarthy, 17477 Goodland Path  With the current development activity in this area, he just wanted to address how crowded it has become in this quadrant of the I-35/CSAH 46 interchange.  Wanted to know why the storage facility is taller at four stories than the apartment building at three stories. He thought it should be the other way around. Motion was made by Lillehei, seconded by Drotning to close the public hearing at 6:39 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion points included:  Mr. Licht addressed Mr. McCarthy’s concerns. He indicated that the developer was required to do a traffic study for this site. Installation of the new traffic signal currently under construction at the CSAH 46/Kenyon Avenue intersection will help with traffic flow. Regarding the height of the structures, the underlying zoning allows up to six stories with a conditional use permit. These buildings should help buffer noise from I-35 for the neighborhood to the west.  Mr. Licht answered Commissioner Bakewicz’s question regarding the Residential Shoreland Density Reserve, which is also explained in detail in the April 27, 2017 planning report.  Mr. Licht confirmed that the impervious surface area requirements are being met.  Commissioner Lillehei wanted to recognize the development team as he lives in this neighborhood and indicated that this was the best neighborhood meeting he has attended. It was good to have the entire development team in attendance to answer resident questions. Planning Commission Meeting Minutes, May 4, 2017 Page 6  Infiltration and stormwater management on the property was discussed. They are meeting the City requirements. The proposed development will not impact the trees along Lee Lake. Motion was made by Lillehei, seconded by Einck to recommend to City Council nd approval of the following, located west of I-35 and south of 162 Street (CSAH 46): A. Preliminary plat of three lots and one outlot to be known as Lee Lake Subdivision; B. Conditional use permit for a planned shoreland development; C. Amendment to the Jackson Landscaping planned unit development (PUD), and development stage PUD plans for a 120 dwelling unit multiple family building and a 62,400 square foot self- storage facility; and D. Vacation of a public drainage and utility easement (Document No. 3023214) and a public drainage, utility and sloping easement (Document No. 1107262), subject to the seven stipulations listed below: 1. The submitted plans and applications shall be subject to review by the DNR. 2. The developer shall provide the ingress/egress and cross parking and utility easements over drive-aisles, surface parking stalls and private utilities within Lots 1-3, Block 1. 3. Construction of the future retail building on Lot 1, Block 1 shall be subject to PUD Development Stage Plan approval. 4. All grading, drainage, erosion control, and storm water management issues are subject to review and approval of the City Engineer. 5. All utility issues are subject to review and approval of the city Engineer 6. Park dedication requirements shall be satisfied as a cash fee in lieu of land in accordance with Section 10-4-8 of the Subdivision Ordinance and the 2017 Fee Schedule. 7. The existing billboard within the subject site shall be removed from the subject site consistent with Zoning Ordinance requirements prior to the issuance of any building permits. Ayes: Einck, Lillehei, Swenson, Kaluza, Reuvers, Drotning, Bakewicz Nays: 0 Mr. Morey thanked the development team and agreed with Commissioner Lillehei that the development team conducted an excellent neighborhood meeting. 7. Mikayla Raines Chair Swenson opened the public hearing to consider the revocation of Interim Use Permit (IUP) No. 16-04 issued to Mikayla Raines for the keeping of up to three (3) foxes pursuant to Chapter 11-35-3.D of the Lakeville City Code, located at 12110 – th 210 Street. Chair Swenson explained the purpose of this public hearing and the purview of the Planning Commission in regard to this agenda item. Based on the findings, the Planning Commission will make a recommendation to the City Council. The Planning Commission will not review or determine whether a fox sanctuary on this property is appropriate. Planning Commission Meeting Minutes, May 4, 2017 Page 7 Chair Swenson explained that individual comments should be kept to three minutes, and asked that people do not repeat what has already been said. He asked those in attendance to please refrain from clapping or interrupting the person speaking. He added that negative remarks about City staff or the Planning Commission will not be tolerated. Mikayla Raines and her sister, Jennifer Swanson, presented an overview of why she felt that Mikayla should be able to keep foxes on her property. Ms. Raines stated that her IUP that was approved last year states that she can have three foxes, and right now she has more than three. Ms. Swanson stated that rescuing foxes and teaching children at the schools about foxes and fur farms is something that Mikayla is extremely passionate about. She wants to have a sanctuary on the property and she wants to dedicate her life to rescuing animals. She has her USDA license and has constructed enclosures for these foxes consistent with USDA requirements. Mikayla is continually being contacted to take in more foxes. Ms. Swanson stated that Mikayla is contributing to the community in great ways. She is asking to be able to continue to bring foxes to her property, save them from being destroyed, and then find good homes for them. Ms. Raines apologized for not limiting the amount of foxes she keeps to three. At the time the IUP was approved, she was not aware of the fur farms and now she wants to be able to save the foxes when she can. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Mikayla Raines proposed and had received approval of an interim use permit (IUP) on April 4, 2016 allowing her to keep up to three foxes on the property. Through public notifications, news reports, social media sites, and two site inspections, staff documented that there are more than three foxes being kept on the property. Ms. Raines has indicated to staff and on social media sites that she has obtained baby foxes that she raises as well as other domestic house pets and wild animals that may be injured or have other needs. Mr. Dempsey reviewed the conditions of the approved IUP. The approved IUP does not allow the keeping of any wild or exotic animals other than foxes. He reviewed the Zoning Ordinance requirements for the keeping of animals in the City. He pointed out that the Zoning Ordinance states an IUP shall terminate upon violation of the conditions under which the permit was issued. Mr. Dempsey identified other violations on the subject property, which are listed in the April 28, 2017 planning report. Following the approval of the IUP, City staff approved an administrative permit to keep the foxes in a single enclosure approximately 140 square feet in area. The enclosure had been installed prior to obtaining City approval of the administrative permit. An inspection took place on March 10, 2017 where staff noticed a much larger (approximately ¼ acre) second enclosure had been installed without administrative permit approval. Inside this enclosure, which included four new pen enclosures, there were five foxes. Planning Commission Meeting Minutes, May 4, 2017 Page 8 City staff has confirmed that Mikayla Raines was issued a USDA permit to be a commercial dealer and exhibitor of foxes, but Ms. Raines is unwilling to provide staff with a copy of the permit. The current license will expire on June 17, 2017 unless it is renewed by the USDA. Mr. Dempsey commented on the number of e-mails that have been sent to the City mostly in support of Ms. Raines keeping the animals for fear the animals will be killed or sent to fur farms. Mr. Dempsey stressed that the purpose of tonight’s agenda item is strictly related to compliance with the conditions of the approved IUP. Mr. Dempsey stated that in consideration of the history of non-compliance with the conditions of the IUP approved in 2016 and because of the kind-hearted and caring nature of Ms. Raines and her willingness to accept more than three foxes of any age plus wild or exotic animals not allowed by the approved IUP or by the Zoning Ordinance, the ability to enforce the conditions of the IUP and Zoning Ordinance requirements will be an on-going and time consuming staff effort. Planning Department staff is recommending that the Planning Commission review the April 28, 2017 planning report and make a determination as to whether there is justification to revoke IUP 16-04 for repeated violation of the terms of the permit. Chair Swenson opened the hearing to the public for comment. The following people spoke at the public hearing: Jordan Van Osdel, 15551 Dunraven Trail, Apple Valley Steve and Lynn Brekke, 20880 Laredo Path, Lakeville th Mikayla Raines, 12110 – 210 Street, Lakeville th Sandi Raines, 12245 – 125 Street, Lakeville th Devon Thomas Treadwell, 3075 - 119 St. W. Faribault Tyler Kistner, 4885 Dominica Way, Apple Valley th Russell Olson, 12150 – 210 Street, Lakeville Garrett Lampert, 14437 CR 35, Elk River Jim McCarty, 17477 Goodland Path th Sheila Schwartz, 732 - 15 Street SE, Owatonna Kevin Wilken, Animal Care Inspector with the USDA John Vaughn, 1670 Mallard Drive, Eagan Regina Goncharenko, 18057 Everglade Court, Farmington Mitchel Rowlands, 20079 Ideal Way, Lakeville th Coty Palmer, 11975 – 84 Avenue, Maple Grove Comments made from the audience:  Questioned the validity of the IUP?  Should consider amending or nullifying the IUP.  Thought with the proper licensing from the City of Lakeville, Ms. Raines would be able to keep the foxes.  Because the subject property is zoned permanent rural agricultural, this is a good use of the property. Planning Commission Meeting Minutes, May 4, 2017 Page 9  Foxes are domesticated farm animals, not wild animals.  Keeping the foxes contained on her property seems to be a problem.  A neighbor commented on the urine smell from the foxes.  Foxes are a lot quieter than dogs, they don’t bark.  Suggested that Ms. Raines become a veterinarian if she wants to work with animals.  Are three foxes a realistic number? Could the number of foxes be adjusted?  Nice to have so many people united on one topic.  A USDA official shared with the Planning Commission what getting a USDA license entails.  We have a rare opportunity to save foxes that would otherwise be destroyed at the fur farms.  Should reach a compromise with the City so Ms. Raines can keep more than three foxes.  Ms. Raines explained that the expanded enclosure fencing was a requirement of her USDA license.  Ms. Raines helps special needs children through interaction with the foxes.  Should determine if keeping foxes on the subject property is impacting the Vermillion River Watershed District. Motion was made by Drotning, seconded by Reuvers to close the public hearing at 7:59 p.m. Voice vote was taken on the motion. Ayes – unanimous Recess at 8:00 p.m. Reconvened at 8:10 p.m. Chair Swenson asked for comments from the Planning Commission. Discussion points included:  Chair Swenson thanked everyone in the audience for their comments and the respect everyone has shown. He reiterated the Planning Commission’s purpose related to this agenda item.  The City Attorney summarized the Zoning Ordinance requirements for the keeping of animals. She stated the City can be more restrictive than the USDA requirements. The applicant must follow the City’s Zoning Ordinance requirements.  The City of Lakeville allows up to three dogs. If you have more, then you need a kennel permit and they are only allowed in the agricultural districts by IUP.  Compliance with the approved IUP is the key to this discussion and Ms. Raines, by her own admission, has not been in compliance with the IUP.  The Planning Commission asked Ms. Raines if she has the desire to comply with the IUP? Ms. Raines indicated that two of the foxes are hers. The others are being sponsored. The rescuing of foxes is completely different from what she was originally asking for with her IUP. Planning Commission Meeting Minutes, May 4, 2017 Page 10  The Planning Commission made it clear that they are not experts on the keeping of foxes. They are volunteers that help develop Zoning Ordinance requirements, and make recommendations to the City Council.  The Planning Commission is inspired by the number of people that come to public hearings and help educate the Planning Commission on topics like foxes and bee keeping.  The Planning Commission reiterated that tonight’s public hearing is to determine if Ms. Raines is following the conditions of her approved IUP. Tonight’s public hearing is not to consider an amendment to the IUP to allow more than three foxes to be kept. Chair Swenson allowed Ms. Raines and her mother, Sandi Raines, to come to the podium to explain that Mikayla keeps the baby foxes for a limited amount of time, she bottle feeds them for approximately 10 weeks and actively starts to find homes for the babies shortly thereafter. She is a non-profit and wants to continue rescuing foxes.  The Planning Commission is not opposed to the rescuing of foxes, but it is their purview to determine if the requirements of the Zoning Ordinance and the conditions of the approved IUP are being met. Motion was made by Reuvers, seconded by Drotning to recommend to City Council revocation of Interim Use Permit No. 16-04 issued to Mikayla Raines for the keeping of foxes, for repeated violation of the terms of the permit. Chair Swenson expressed his appreciation to the audience for the respectful dialogue at tonight’s meeting. Ayes: Lillehei, Swenson, Kaluza, Reuvers, Drotning, Bakewicz, Einck Nays: 0 There being no further business, the meeting was adjourned at 9:02 p.m. Respectfully submitted, Penny Brevig, Recording Secretary