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CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
September 21, 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, Paul
Reuvers, Scott Einck, Jason Kelvie, Ex-officio Member Mike Lamm
Members Absent: Karl Drotning arrived at 6:08 p.m.
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Daniel Licht, The Planning Company; Alex Jordan, Senior Project Engineer; and Penny
Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The August 17, 2017 Planning Commission meeting minutes were approved as
presented.
4. Announcements
Mr. Morey stated that the following items were distributed at tonight’s meeting:
September 20, 2017 Parks, Recreation and Natural Resources draft motion
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regarding the Avonlea 3 Addition preliminary plat
Suggested Stipulation 6 for Agenda Item 5, Michael Rongitsch CUP
5. Michael Rongitsch
Chair Swenson opened the public hearing to consider the application of Michael
Rongitsch for a conditional use permit to allow a shared driveway access to Judicial
Road, located at 16009 Judicial Road.
Michael Rongitsch presented a brief overview of his request.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the Planning Commission and City Council approved a conditional use
permit (CUP) to allow a single family home to be constructed on the subject property
that is not served with City sanitary sewer. Mr. Rongitsch is now requesting the
construction of the home further to the rear of the property including a shared driveway
with the property to the north. The existing driveway at 16003 Judicial Road has
access onto Judicial Road and the owner has consented to allow the shared driveway
arrangement. A shared access and driveway maintenance agreement shall be
submitted to the City for review and shall be recorded on the property title of both
affected properties.
Planning Commission Meeting Minutes, September 21, 2017 Page 2
Mr. Dempsey explained that the conditional use permit process requires identifying
and eliminating any non-conformities on the properties.
Mr. Dempsey stated that a private sanitary sewer system plan has been designed and
submitted for a primary and secondary sewer system on the subject property, which
is required to meet design and installation requirements per applicable codes and
subject to City approval.
Mr. Dempsey stated that he is recommending the following stipulation be added. He
had mentioned the driveway encroachment in his report, but did not include it as a
stipulation.
6. The driveway encroachment over the north property line of 16003 Judicial Road
shall be removed to comply with the survey as shown on Exhibit E of the
planning report dated September 14, 2017.
Mr. Dempsey stated that staff recommends approval of the Michael Rongitsch
conditional use permit, subject to the five stipulations listed in the September 14, 2017
planning report and with the addition of Stipulation 6.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Kelvie, seconded by Einck to close the public hearing at
6:07 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 the private shared driveway easement will need to be recorded
prior to a building permit being issued.
Mr. Rongitsch returned to the podium and explained that the latest survey
should have shown that there was no encroachment over the north property
line at 16003 Judicial Road. Mr. Dempsey stated that Stipulation 6 should be
included until he can verify that the driveway is non-encroaching. If that is the
case, Stipulation 6 can be removed.
Motion was made by Lillehei, seconded by Kelvie to recommend to City Council
approval of the Michael Rongitsch conditional use permit to allow a shared driveway
access to Judicial Road, located at 16009 Judicial Road, subject to the following
stipulations:
1. The private sanitary sewer design and private well must comply with code
requirements and is subject to approval by Building Inspections.
Planning Commission Meeting Minutes, September 21, 2017 Page 3
2. A building permit shall be required prior to commencing any construction on the
property.
3. The single family dwelling shall be in compliance with all setback requirements of
the RA District.
4. Dakota County Parcel number 22-13600-000-50 shall be combined with parcel
number 22-13600-000-40 prior to issuance of a building permit for the house to be
constructed at 16009 Judicial Road.
5. A perpetual shared access and driveway maintenance agreement shall be
submitted to the City for review and shall be recorded to the property title of both
affected properties at 16003 and 16009 Judicial Road prior to the issuance of a
building permit for the house to be constructed at 16009 Judicial Road.
6. The driveway encroachment over the north property line of 16003 Judicial Road
shall be removed to comply with the survey as shown on Exhibit E of the planning
report dated September 14, 2017.
Ayes: Kelvie, Einck, Lillehei, Swenson, Kaluza, Reuvers, Drotning
Nays: 0
6. Spirit of Brandtjen Farm Club House
Chair Swenson opened the public hearing to consider the application of SBF
Development Corp. for PUD Development Stage plans for a community clubhouse in
Spirit of Brandtjen Farm, located south of 162nd Street and east of Eagleview Drive.
Jacob Fick from SBF Development, Inc. presented an overview of the request. He
stated they are proposing to add a second clubhouse in the northeast portion of the
Spirit of Brandtjen Farm (SBF) PUD. He indicated that it will look very similar to a
granary building, trying to keep with the theme for the entire SBF PUD. The clubhouse
will include a party room, a fitness center, bathrooms and locker rooms. The
clubhouse will have restricted hours; the use of a key card for access to the building
and the outdoor pool will be required. Mr. Fick indicated that they considering a
location for an outdoor trash enclosure, if it cannot fit indoors.
Planning Consultant Daniel Licht presented the planning report. Mr. Licht reviewed
the performance standards of the Zoning Ordinance which clubhouse facilities in
residential areas must follow, along with the building design, landscaping, lot
requirements, pedestrian access, off-street parking, the need to include fencing
around the sections of the pool that are not bounded by the clubhouse building, and
exterior lighting, all of which are discussed in detail in the September 14, 2017
planning report. He indicated that if outdoor storage of trash containers is proposed,
details for a structure to enclose the containers that complies with the Zoning
Ordinance must be submitted and are subject to review and approval of City staff.
Staff feels this will be a nice entrance to the SBF development from the north. The
proposed landscaping is extensive; however, staff is recommending additional
plantings along the south side of the lot as well as an internal trail connection to the
sidewalk along Eagleview Drive in the southwest corner of the lot.
Planning Commission Meeting Minutes, September 21, 2017 Page 4
Mr. Licht stated that staff recommends approval of the PUD development stage plan
for the SBF north clubhouse, subject to the eight stipulations listed in the September
14, 2017 planning report.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Kelvie, seconded by Reuvers to close the public hearing
at 6:20 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 the location of the clubhouse within the SBF PUD is
appropriate.
Motion was made by Drotning, seconded by Kelvie to recommend to City Council
approval of the Spirit of Brandtjen Farm PUD development stage plans for a
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community clubhouse, located south of 162 Street and east of Eagleview Drive,
subject to the following stipulations:
1. Siding material for the principal building shall be LP Smartside or fiber cement
board products.
2. A detailed landscape plan based on the site plan and including a schedule
regarding the type and size of plantings and planting details that complies with the
requirements of Section 11-21-9.C of the Zoning Ordinance shall be submitted and
is subject to review and approval of City staff.
3. The site plan shall be revised to provide a connection from the proposed interior
trail to the southwest corner of the subject site to intersect the sidewalk on
Eagleview Drive.
4. The site plan shall be revised to provide for a fence enclosing the pool area in
compliance with Section 11-21-5.G of the zoning Ordinance, subject to review and
approval of City staff.
5. The developer shall provide an exterior lighting plan indicating the location, type,
and height of all exterior light fixtures and a photometric plan illustrating the
intensity of the proposed exterior lighting in compliance with Section 11-16-17 of
the Zoning Ordinance.
6. Any outdoor storage of trash containers shall comply with the requirements of
Section 11-18-11 of the Zoning Ordinance, subject to review and approval of City
staff.
7. All grading, drainage and erosion control issues are subject to review and approval
of the City Engineer.
8. All utility issues are subject to review and approval of the City Engineer.
Ayes: Einck, Lillehei, Swenson, Kaluza, Reuvers, Drotning, Kelvie
Nays: 0
Planning Commission Meeting Minutes, September 21, 2017 Page 5
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7. Avonlea 3 Addition
Chair Swenson opened the public hearing to consider the application of Mattamy
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Homes for the following, located west of Cedar Avenue (C.R. 23) and south of 183
Street: A. Amendment to the Avonlea Planned Unit Development District to revise
the Avonlea PUD Master Plan; B. Preliminary plat and PUD Development Stage Plan
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of 6 single family lots and 44 attached townhome lots to be known as Avonlea 3
Addition.
David Von Ruden, Land Project Coordinator for Mattamy Homes presented an
overview of their request. Mr. Von Ruden explained that Cal Atlantic will be building
the proposed townhomes. Mattamy Homes will continue to buildout the property that
they still own in the Avonlea plat. Mattamy Homes does not plan on purchasing the
rest of Phase 3 or Phase 4. They are trying to get as much done on Phase 2 this fall
as possible and work towards finishing all of Phase 2 next summer once entitlements
are complete. Mr. Von Ruden reviewed the proposed land use changes compared to
the approved Master Plan. He indicated that the phase 3 revisions were changed to
meet the land use density requirements of the Avonlea EAW.
Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that
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the proposed Avonlea 3 Addition development consists of 6 single family lots and 44
row townhomes to be subdivided from Outlot H, Avonlea. The 17 dwelling unit
increase in this area resulting from substituting more townhouse units where single
family lots were originally planned is generally acceptable. Mr. Licht explained why
the Avonlea Master Plan is being amended, which is explained in detail in the
September 15, 2017 planning report.
Mr. Licht stated the developer has identified that the proposed revisions to the Avonlea
PUD Master Plan do not change any of the land uses on the Darrow-Kohl’s property
and is therefore recommending that Stipulation 1.A be removed.
Mr. Licht reviewed the proposed single family lots along with the row townhouse units,
including lot area, setbacks, exterior finish, garages, and guest parking.
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Mr. Licht discussed access to Avonlea 3 Addition. He stated the proposed alignment
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of 185 Street (CSAH 60) west of Cedar Avenue will be discussed with Dakota County
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and the developer in conjunction with the preliminary plat of Outlot B, Avonlea 3
Addition.
A landscape plan has been submitted by the developer. All proposed tree types, the
proposed boulevard landscaping, buffer yard requirements, and townhome
landscaping were included and are all in compliance with the Zoning Ordinance
requirements.
Mr. Licht stated that staff recommends approval of the amendment to the Avonlea
PUD District to revise the Avonlea PUD Master Plan and the Avonlea preliminary plat
and PUD Development stage plan, subject to the 11 stipulations listed in the
September 15, 2017 planning report, as amended.
Planning Commission Meeting Minutes, September 21, 2017 Page 6
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Drotning, seconded by Lillehei to close the public hearing
at 6:37 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
Planning Commissioners were glad to see more density along Cedar
Avenue.
Commissioner Drotning requested that the Planning Commission get more
schooling regarding the EAW and EIS process while the City is preparing
the Comprehensive Plan update.
Mr. Morey clarified that the additional dwelling units proposed within the
Avonlea PUD are subject to meeting sanitary sewer capacity constraints,
which were described in the Planning and Engineering reports. The
developer will have to prove that the City’s sanitary sewer system can
handle the additional units. That is why the PUD amendment will only apply
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to Avonlea 3 Addition.
Confirmed that park designations on the approved Master Plan and the
proposed revised Master Plan are intended to be the same.
Motion was made by Lillehei, seconded by Reuvers to recommend to City Council
approval of the Avonlea Planned Unit Development amendment to revise the Avonlea
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PUD Master Plan and the Avonlea 3 Addition preliminary plat and PUD Development
stage plan of 6 single family lots and 44 attached townhome lots, subject to the
following stipulations:
1. The revised Avonlea Master Plan must be further revised to shift the proposed
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park at the northwest corner of Glenbridge Avenue and 183 Street east of the
four 65 foot wide lots shown on the revised Avonlea Master Plan.
2. The amendment to the Avonlea PUD is applicable only to the area of the Avonlea
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3 Addition preliminary and final plat.
3. All right-of-way and street construction is subject to review and approval of the City
Engineer.
4. Trees planted within the public right-of-way require HOA maintenance with no
liability to the City for damaged or destroyed trees.
5. Outlot A shall be deeded to the City. All grading, drainage, erosion control, and
wetland issues are subject to review and approval of the City Engineer.
6. All utility plans are subject to review and approval of the City Engineer.
7. All drainage and utility easement are subject to review and approval of the City
Engineer.
Planning Commission Meeting Minutes, September 21, 2017 Page 7
8. The site plan and street layout for future phases within Outlot B shall be subject to
the Avonlea Master Plan, except as may be approved as an amendment to the
Avonlea PUD and subject to meeting potential future sanitary sewer capacity
constraints as determined by the City Engineer, and Section 10-4-3.S of the
Subdivision Ordinance.
9. The preliminary and final plat is subject to review and approval of the Dakota
County Plat Commission.
10. Documents establishing a homeowners association must be submitted to address
ownership and maintenance of private open space, private drives, and boulevard
trees, which are subject to review and approval of the City Attorney prior to release
of the final plat mylars.
11. The applicant shall execute a development agreement with the City as drafted by
City Attorney and subject to approval of the City Council.
Ayes: Lillehei, Swenson, Kaluza, Reuvers, Drotning, Kelvie, Einck
Nays: 0
There being no further business, the meeting was adjourned at 6:44 p.m and the
Planning Commission immediately went into their work session.
Respectfully submitted,
Penny Brevig, Recording Secretary