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HomeMy WebLinkAboutItem 03 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES November 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 Pat Kaluza, Brooks Lillehei, Karl Drotning, Jason Kelvie, Jeff Witte, Ex-officio Member Mike Lamm Members Absent: Paul Reuvers, Scott Einck Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Kris Jenson, Associate Planner; Alex Jordan, Senior Project Engineer; Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The October 19, 2017 Planning Commission meeting minutes were approved as presented. The October 19, 2017 Planning Commission work session minutes were approved as presented. 4. Announcements Mr. Morey stated that the following items were distributed at tonight’s meeting: A. November 1, 2017 Parks, Recreation and Natural Resources draft motions regarding the Cedar Crossings 2nd Addition and Pleasant Hill preliminary plats. B. Letter from Dakota Electric Association regarding Agenda Item 5, Schreiner right- of-way vacation. C. Amended Findings of Fact for Agenda Item 6, The Moments fence variance. 5. Terry and Christine Schreiner Chair Swenson opened the public hearing to consider the request of Terry and Christine Schreiner for a vacation of public street right-of-way, located adjoining the east property line of Lot 1, Block 1, Schweich First Addition. Terry and Christine Schreiner presented a brief overview of their request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the Schreiners are requesting that the unimproved right-of-way adjacent to their property be vacated and allowed to be combined with their principal parcel to the west. He indicated that the 30 foot wide right-of-way was dedicated as part of the Planning Commission Meeting Minutes, November 2, 2017 Page 2 Schweich First Addition plat in 1966 for a future Township Road, which has been determined by City staff will not be needed for public street purposes. Mr. Dempsey explained the process to vacate public road right-of-way, which includes notifying all utility companies that serve the area in the event they have existing or future planned facilities within the right-of-way area. Dakota Electric (DEA) responded that they have underground lines within the right-of-way and is requesting that a 10 foot wide public drainage and utility easement be dedicated along the easterly and southerly portion of the right-of-way to be vacated. Mr. Dempsey stated that when platted road right-of-way is vacated, ownership of the vacated right-of-way is transferred to the adjacent lot in the original plat. The sole beneficiary of the vacation is the Schreiner property. Mr. Dempsey stated that staff recommends approval of the road right of way vacation subject to the two stipulations listed in the October 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 Kelvie, seconded by Drotning to close the public hearing at 6:08 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 road right-of-way vacation makes sense. Motion was made by Drotning, seconded by Kelvie to recommend to City Council approval of the Schreiner road right-of-way vacation, subject to the following stipulations: 1. The vacated road right-of-way shall be combined into a single parcel with Lot 1, Block 1, Schweich First Addition within 60 days of approval of the right-of-way vacation. 2. Prior to the City recording the right-of-way vacation resolution, a 10 foot wide public drainage and utility easement shall be dedicated as shown on Exhibit D of the October 27, 2017 planning report. Ayes: Kelvie, Lillehei, Swenson, Kaluza, Witte, Drotning Nays: 0 6. TMSC of Lakeville, LLC (The Moments) Chair Swenson opened the public hearing to consider the request of TMSC of Lakeville, LLC for a variance to allow a commercial fence setback less than 30 feet from a public street right-of-way, located at 16258 Kenyon Avenue. Planning Commission Meeting Minutes, November 2, 2017 Page 3 Carolyn Wright and Amit Sela from Paragon Restoration were in attendance on behalf of The Moments. Ms. Wright stated that they originally installed a 6 foot tall chain link fence, but have now determined this is not sufficient to block the headlight glare that comes off the freeway exit ramp at CSAH 46. They are requesting to replace the current fence with a privacy fence. Mr. Sela indicated that the semi truck headlights shine into the dining room and library and will adversely affect the residents who have dementia. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey explained that the applicant is proposing to install a 10 foot tall privacy fence along the north side of the property setback 14.2 feet from the property line to alleviate headlight glare. The fence would be located approximately eight-tenths of a foot into the Dakota County trail easement. The location of the fence within the trail easement is subject to approval by Dakota County. Mr. Dempsey stated that the Findings of Fact that were distributed at tonight’s meeting have been amended to refer to a 10 foot tall (versus an 8 foot tall) fence as measured from the ground level at the base of the fence. Mr. Dempsey reviewed the Zoning Ordinance criteria that must be met for variance applications. Mr. Dempsey stated that staff finds that the application meets the criteria and recommends approval of the variance, and adoption of the Findings of Fact dated November 2, 2017, subject to the six stipulations listed in the October 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 Kelvie, seconded by Lillehei to close the public hearing at 6:21 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion points included: • Installing a jersey barrier on the south side of CSAH 46 was suggested by Commissioner Witte to prevent vehicles from crashing through the fence. Mr. Sela stated that he has talked to Dakota County staff but they have said no to the installation of a barrier in this location. • Senior Project Engineer Alex Jordan explained that during the development review process in 2015, a guardrail was suggested by City staff but County staff stated the retaining wall is outside of the clear zone (safety area) for driver recovery of their vehicle if it left the roadway. He felt that when CSAH 46 is re- Planning Commission Meeting Minutes, November 2, 2017 Page 4 built as a six lane divided roadway, the retaining wall will likely be located inside the clear zone and the County may consider installing a guardrail. He agreed that it is a safety concern and City staff can re-visit this issue with the County now that construction of The Moments facility is complete. • The Planning Commission was in support of the fence variance. They agreed that the fence needs to be tall enough to block headlights from vehicles that come off of the exit ramp at CSAH 46. Mr. Morey indicated that the elevation of the property at the base of the fence is much lower than the elevation of CSAH 46. The intent of the Zoning Ordinance limiting fence height is to reduce visual impacts to adjacent properties or public streets. In this instance, the height of the fence as measured from its base is not as important as the height of the fence that can be seen above the grade of CSAH 46. Therefore, Mr. Morey suggested the following revision to the wording for stipulation 2 of the planning report: 2. The fence shall not exceed 8 feet in height above the elevation of the property at the CSAH 46 right of way line. • Mr. Sela indicated that the fence will be built in sections and cables will be installed within the fence for stability. Motion was made by Lillehei, seconded by Drotning to recommend to City Council approval of a variance to allow a commercial fence setback less than 30 feet from a public street right-of-way, located at 16258 Kenyon Avenue, and adoption of the Findings of Fact dated November 2, 2017, subject to the following stipulations, as amended: 1. The fence shall be installed in the location shown on the approved site plan. 2. The fence shall not exceed 8 feet in height above the elevation of the property at the CSAH 46 right-of-way line. 3. The fence shall be constructed of maintenance free compositing fence materials in a design consistent with the plan submitted with the variance application and approved with this variance. 4. Ivy landscaping shall be installed on the north side of the fence in adequate quantities to provide linear landscape screening of the fence from 162nd Street. 5. The location of the fence within the trail easement is subject to approval by Dakota County. 6. A building permit shall be issued for the fence prior to construction. Ayes: Lillehei, Swenson, Kaluza, Witte, Drotning, Kelvie Nays: 0 7. Cedar Crossings 2nd Addition Chair Swenson opened the public hearing to consider the application of Arcon Land II, LLC for the following, located west of Cedar Avenue (CSAH 23) and north of 210th Street: A. Preliminary plat of 15 single family residential lots to be known as Cedar Crossings 2nd Addition; B. Comprehensive Plan amendment to re-guide a portion of Planning Commission Meeting Minutes, November 2, 2017 Page 5 the property from Medium/High Density Residential to Low/Medium Density Residential; and C. Zoning Map amendment to rezone a portion of the property from RM-2, Medium Density Residential District to RST-2, Single and Two Family Residential District. Scott Johnson, President of Arcon Land II, LLC, presented a brief overview of their request. Associate Planner Kris Jenson presented the planning report. Ms. Jenson explained the applicant’s reasoning for requesting a Comprehensive Plan amendment to re- guide a portion of the property from Medium/High Density Residential to Low/Medium Density Residential. The Comprehensive Plan amendment will be submitted to the Metropolitan Council after City Council action on the preliminary plat and the amendment will be subject to the recording of the Cedar Crossings final plat. Ms. Jenson also explained the applicant’s Zoning Map amendment request and stated that the request would rezone the remainder of the RS-2 area of the preliminary plat to RST-2. Ms. Jenson stated that the developer intends to submit a final plat in two phases for the entirety of the area preliminary platted by Cedar Crossings and Cedar Crossings 2nd Addition. Ms. Jenson clarified that the Cedar Crossings lots to the west have not been final platted so the rezoning of those lots have not gone into effect. Ms. Jenson indicated that all 15 lots in the Cedar Crossings 2nd Addition preliminary plat meet the RST-2 District lot area, width, depth and building setback requirements for single family lots. There is one cul-de-sac street being proposed with the Cedar Crossings 2nd Addition preliminary plat. The developer is requesting to reduce the required right of way width to 50 feet due to the constraints of the creek and the regional pipeline easement. The developer has included a landscape plan which proposes plantings just outside the pipeline easement area to provide a buffer for those lots adjacent to or that back up to Cedar Avenue (CSAH 23). Ms. Jenson stated that staff recommends approval of the Cedar Crossings 2nd Addition preliminary plat, Comprehensive Plan amendment and Zoning Map amendment, and adoption of the Findings of Fact dated November 2, 2017, subject to the four stipulations listed in the October 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 Kelvie, seconded by Lillehei to close the public hearing at 6:46 p.m. Planning Commission Meeting Minutes, November 2, 2017 Page 6 Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. The Planning Commission agreed that the layout of this plat will fit in well with the approved Cedar Crossings preliminary plat. Motion was made by Kaluza, seconded by Kelvie to recommend to City Council approval of the Cedar Crossings 2nd Addition preliminary plat of 15 single family residential lots, Comprehensive Plan amendment to re-guide a portion of the property from Medium/High Density Residential to Low/Medium Density Residential, and Zoning Map amendment to rezone a portion of the property from RM-2, Medium Density Residential District to RST-2, Single and Two Family Residential District, and adoption of the Findings of Fact dated November 2, 2017, subject to the following stipulations: 1. The recommendations listed in the October 26, 2017 engineering report. 2. Outlot A shall be deeded to the City with the final plat. 3. Lot 1, Block 1 must have driveway access from Street A only. 4. Homes constructed on Lots 1-11, Block 1 must have an attached three car garage. Ayes: Swenson, Kaluza, Witte, Drotning, Kelvie, Lillehei Nays: 0 8. Pleasant Hill Chair Swenson opened the public hearing to consider the application of KJ Walk, Inc. for the following, located west of Pilot Knob Road (CSAH 31) and north of 180th Street: A. Preliminary plat of 113 single family residential lots to be known as Pleasant Hill; and B. Zoning Map amendment to rezone the portion of the property currently zoned RS-3, Single Family Residential District to RS-4, Single Family Residential District. Warren Israelson, owner of KJ Walk, Inc. presented a brief overview of the request. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that the applicant is requesting a Zoning Map amendment to rezone the southern half of the subject property from RS-3, Single Family Residential District to RS-4, Single Family Residential District. The RS-4 lot widths and sizes are comparable to the lot sizes and width of the lots adjacent to the south plat boundary, in the city of Farmington. The developer has included a ghost plat for the northerly portion of the subject property showing single family and townhome lots, the future extension of roads to the north of 179th Street, and the easterly extension of 178th Street from Autumn Meadows. Planning Commission Meeting Minutes, November 2, 2017 Page 7 Ms. Jenson stated that the Pleasant Hill preliminary plat consists of 113 single family lots. All 113 lots meet the lot area, width, depth, and building setback requirements of the RS-4 District. Pleasant Hill is proposed to be developed in four phases. The construction of 179th Street from its terminus in Autumn Meadows to Pilot Knob Road and 28 single family lots immediately south of 179th Street at the east end of the preliminary plat will be developed in the first phase. Ms. Jenson indicated that the developer will construct five foot wide concrete sidewalks along one side of all streets in the development, except the cul-de-sacs. Regarding tree preservation, Ms. Jenson indicated that there are 1,490 significant trees located within the Pleasant Hill preliminary plat boundaries. The tree preservation plan proposed to save 15 of the trees. Most of the trees are elm and boxelder, which, according to the City Forester, are not high-value in forestry terms. The Parks, Recreation and Natural Resources Committee recommended in their November 1, 2017 meeting motion for staff to work with the developer to try and save more trees. The developer hosted a neighborhood meeting on July 26, 2017 with approximately 27 people in attendance. The primary concerns raised at the meeting were the removal of trees, street connections, and multi-family development north of 179th Street. Since that meeting, the developer has modified the preliminary plat plans to include only the single family lots south of 179th Street. Ms. Jenson stated that staff recommends approval of the Pleasant Hill preliminary plat and Zoning Map amendment, and adoption of the Findings of Fact dated November 2, 2017, subject to the eight stipulations listed in the October 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 Kelvie, seconded by Lillehei to close the public hearing at 7:00 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 asked the developer if he intended to remove the trees in phases. Mr. Israelson stated that due to the amount of grading required because of the elevation changes across the subject property, tree removal for the entire plat will be done with the first development phase. • Commissioner Witte appreciated the City Forester’s comments. He stated it makes the tree preservation plan easier to understand. Planning Commission Meeting Minutes, November 2, 2017 Page 8 • Commissioner Lillehei expressed appreciation for the developer hosting the neighborhood meeting. Motion was made by Lillehei, seconded by Drotning to recommend to City Council approval of the Pleasant Hill preliminary plat and Zoning Map amendment to rezone the portion of the property currently zoned RS-3, Single Family Residential District to RS-4, Single Family Residential District, and adoption of the Findings of Fact dated November 2, 2017 subject to the following stipulations: 1. Implementation of the recommendations listed in the October 26, 2017 engineering report. 2. The rezoning from RS-3, Single Family Residential District to RS-4, Single Family Residential District shall become effective upon recording of the Pleasant Hill final plat. 3. Park dedication shall be satisfied with a combination of land dedication and cash contribution paid with the final plat for each development phase. 4. The developer shall construct five foot wide concrete sidewalks along one side of all streets, except the cul-de-sacs. The developer shall construct a 10 foot wide bituminous trail on both sides of 179th Street, from the west plat boundary to the bituminous trails on the west side of Pilot Knob Road. 5. Outlots A, B, and C shall be deeded to the City with the final plat. 6. Buffer yard landscaping shall be installed according to the approved landscape plan. A security for the buffer yard landscaping shall be submitted with the final plat. The lots abutting 179th Street must install sod to the trail and a $1,000 per lot security will be required with the building permit. 7. Landscape plans for the stormwater basins within Outlots A, B, and C are required to be submitted with the final plat. 8. If a subdivision monument sign is proposed for the development, it must be maintenance free and located on private property. A sign permit is required prior to installation of the sign. Ayes: Kaluza, Witte, Drotning, Kelvie, Lillehei, Swenson Nays: 0 There being no further business, the meeting was adjourned at 7:07 p.m. Respectfully submitted, Penny Brevig, Recording Secretary