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CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
June 7, 2018
Chair Kaluza 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 Pat Kaluza, Vice Chair Jason Kelvie, Scott Einck, Karl Drotning,
Brooks Lillehei, Jason Swenson, and Jeff Witte
Members Absent: ex-officio Mike Lamm
Others Present: Frank Dempsey, Associate Planner; Dan Licht, The Planning
Company; Joe Powers, Senior Project Engineer; Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The May 17, 2018 Planning Commission meeting minutes and Planning Commission
work session minutes were approved as presented.
4. Announcements
Mr. Dempsey stated that the June 6, 2018 Parks, Recreation and Natural Resources
Committee draft motions regarding Spirit of Brandtjen Farm Commercial 5th and 6th
Additions and Avonlea 4th Addition were distributed to the Planning Commission at
tonight’s meeting.
5. Spirit of Brandtjen Farm Commercial 5th Addition
Chair Kaluza opened the public hearing to consider the application of Wings Financial
Credit Union for the following, located south of 160th Street (CSAH 46) and east of
Pilot Knob Road (CSAH 31): A. Preliminary and final plat and PUD development
stage plans of one lot to be known as Spirit of Brandtjen Farm Commercial 5th Addition
for a Wings Financial Credit Union, and B. Vacation of public drainage and utility
easements.
Ross Hedlund from Frauenshuh provided a brief overview of the request.
Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that
Wings Financial Credit Union is proposing to develop a bank to be platted as Lot 1,
Block 1, Spirit of Brandtjen Farm Commercial (SBFC) 5th Addition, which will require
the consideration of applications for a PUD Development Stage Plan, preliminary plat,
final plat, and vacation of existing drainage and utility easements.
Mr. Licht reviewed the building design, which utilizes brick and extensive glass with
metal framing on all elevations and complies with Zoning Ordinance requirements.
Planning Commission Meeting Minutes, June 7, 2018 Page 2
The proposed building and parking area comply with the lot requirements and
setbacks of the SBF PUD District. The sizes of proposed plantings comply with the
Zoning Ordinance requirements, but the landscape plan must be revised to provide
for planting shrubs in the yards abutting Pilot Knob Road (CSAH 31) and 160th Street
(CSAH 46).
Mr. Licht explained the access to Lot 1, Block 1, along with existing trails and
sidewalks and off-street parking, all of which meet Zoning Ordinance requirements. A
drive through is being proposed on the north elevation of the building, along with a
bypass lane to the north of the ATM lane.
Mr. Licht reviewed the proposed signage for Wings Financial. He indicated that the
proposed freestanding sign encroaches into the reserve areas for future expansion of
Pilot Knob Road (CSAH 31) and 160th Street (CSAH 46) so the sign must be relocated
west and south to be outside of the reserve areas.
Existing drainage and utility easements dedicated with SBFC 1st Addition over the
entire parcel will be vacated and new easements will be dedicated on the SBFC 5th
Addition final plat at the perimeter of the lot.
Mr. Licht stated that staff recommends approval of the PUD Development Stage Plan
for Wings Financial and the related applications for preliminary and final plat approval
of Spirit of Brandtjen Farm Commercial 5th Addition and the easement vacation,
subject to the 8 stipulations listed in the May 31, 2018 planning report.
Chair Kaluza 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 6:11 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
• Commissioner Kelvie asked Mr. Hedlund what the traffic flow was for a credit
union. Mr. Hedlund indicated that it’s relatively low. There are approximately
2-8 customers there at a time.
• Commissioner Swenson confirmed with Mr. Hedlund that Wings Financial is
willing to remove three of the five proposed signs, per Stipulation 2a of the
planning report.
Motion was made by Swenson, seconded by Einck to recommend to City Council
approval of the Spirit of Brandtjen Farm Commercial 5th Addition preliminary and final
plat and PUD development stage plans of one lot, and vacation of public drainage and
utility easements, subject to the following 8 stipulations:
Planning Commission Meeting Minutes, June 7, 2018 Page 3
1. The landscape plan shall be revised to provide for planting shrubs in the yards
abutting Pilot Knob Road (CSAH 31) and 160th Street (CSAH 46) similar in
character to that installed for adjacent uses in SBFC.
2. The submitted plans for signs shall be revised as follows:
a. Three of the five proposed wall signs shall be removed
b. The proposed freestanding sign shall be revised to not exceed 28 feet in
height as allowed by Section 11-23-15.M.1.b of the Zoning Ordinance
c. The proposed freestanding sign shall not encroach into the reserve areas
for Pilot Knob Road (CSAH 31) and 160th Street (CSAH 46)
d. All signs require issuance of a sign permit by the City
3. Any outdoor storage of waste containers shall comply with Section 11-18-11.B of
the Zoning Ordinance
4. All utility plans are subject to review and approval of the City Engineer
5. All grading, drainage, and erosion control plans are subject to review and approval
of the City Engineer
6. All easements are subject to review and approval of the City Engineer
7. The developer shall pay $6,372 as a cash fee in lieu of land for park dedication
requirements in accordance with the SBF Master Development Agreement
8. The developer shall execute a development agreement with the City in accordance
with Section 10-5-1 of the Subdivision Ordinance prior to City council approval of
the final plat
Ayes: Swenson, Einck, Lillehei, Kaluza, Kelvie, Witte, Drotning
Nays: 0
6. Spirit of Brandtjen Farm Commercial 6th Addition
Chair Kaluza opened the public hearing to consider the application of Cushman and
Wakefield for the following, located south of 160th Street (CSAH 46) and east of Pilot
Knob Road (CSAH 31): A. Preliminary and final plat and PUD development stage
plans of one lot to be known as Spirit of Brandtjen Farm Commercial 6th Addition for
a Valvoline Instant Oil Change, and B. Vacation of public drainage and utility
easements.
Chris Duley, Director of Pre-construction for Valvoline Oil Change and Rick Osberg
from James R. Hill, Inc. were in attendance at tonight’s meeting. Mr. Duley provided
a brief overview of their request. He stated that this building will be a two-bay facility
that is Valvoline’s brand new prototype. This will be a corporate store, not a franchise,
which has “all the bells and whistles”. Mr. Duley indicated that he had brought revised
plans to address stipulations included in the May 31, 2018 planning report.
Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that
Valvoline, LLC has submitted plans for a minor automobile repair use to be platted as
Lot 1, Block 1, Spirit of Brandtjen Farm Commercial 6th Addition (SBFC 6th). A minor
auto repair use within the subject area is consistent with SBF Land Use Plan.
Planning Commission Meeting Minutes, June 7, 2018 Page 4
Mr. Licht reviewed the performance standards that would apply within the C-3 District
for a minor auto repair use, which are listed in the May 31, 2018 planning report.
The proposed building and parking area comply with the lot requirements and
setbacks of the SBF PUD District and do not encroach into the CSAH 46 reserve area.
The submitted architectural plans must be revised to incorporate three Grade A
materials or brick for 65 percent of the exterior finish of the principal building.
The landscape plan must be revised to provide for installation of shade trees in the
yard north of the proposed building along 160th Street (CSAH 46). The proposed
plantings comply with the size requirements specified in the Zoning Ordinance.
Mr. Licht explained the private drive that will access the subject site and extend across
Outlot A, SBFC 1st Addition. He indicated that the proposed building has two service
bays for performing oil changes and minor auto repairs. The proposed off-street
parking complies with the Zoning Ordinance, including the additional off-street parking
located to the east of the principal building.
Mr. Licht indicated the locations and dimensions of the wall signs. The area of the
proposed signs comply with Zoning Ordinance requirements, but three of the five
proposed wall signs must be removed from the building. The Developer is also
proposing a freestanding monument sign located northeast of the principal building,
is setback more than the 15 feet from a property line required by the Zoning
Ordinance, and is outside of the CSAH 46 reserve area. An application must be
submitted for any signs that are proposed.
Mr. Licht reviewed the proposed lighting, waste storage, and easement vacations,
which are reviewed in detail in the May 31, 2018 planning report.
Mr. Licht stated that staff recommends approval of the Spirit of Brandtjen Farm
Commercial 6th Addition and PUD Development Stage Plan for Valvoline Instant Oil
Change, and easement vacation, subject to the 13 stipulations listed in the May 31,
2018 planning report.
Chair Kaluza 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
6:20 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
• Mr. Durley was asked to explain the difference between franchise and
corporate facilities and to explain the changes on the revised plans. Mr. Durley
Planning Commission Meeting Minutes, June 7, 2018 Page 5
stated that this will be a full brick building, all the employees will get their training
at this location, corporate controls the deliveries, all the oils are recycled, no
parking on the site after hours, one delivery a week, upgraded finishes, and the
dumpster enclosure will be seven feet high with steel gates and will have the
same finishes as the main building.
• Commissioner Swenson stated that he appreciates the effort that was made to
have the revised plans ready for tonight’s meeting that will comply with the
planning stipulations. Mr. Durley indicated which signs would be removed, per
Stipulation 7a of the planning report.
• It was agreed that the elevation of the monument sign can be determined after
the grading is done for the site.
Motion was made by Lillehei, seconded by Drotning to recommend to City Council
approval of the Spirit of Brandtjen Farm Commercial 6th Addition preliminary and final
plat and PUD development stage plans of one lot, and vacation of public drainage and
utility easements, subject to the following 13 stipulations:
1. No outside storage shall be allowed except as allowed in compliance with the
Zoning Ordinance.
2. Sale of products other than those related to minor auto repair shall be subject to a
PUD Development Stage Plan amendment.
3. The submitted architectural plans shall be revised to incorporate three Grade A
materials or brick for 65 percent of the exterior finish of the principal building as
required by Section 11-17-9.D.1 of the Zoning Ordinance.
4. The landscape plan shall be revised to provide for installation of shade trees and
shrubs in the yard north of the proposed building along 160th Street (CSAH 46)
consistent with approved uses to the west in SBFC.
5. The design and construction of the proposed private drive is subject to review and
approval of the city Engineer, and the following:
a. A five-foot concrete sidewalk shall be constructed on the east side of the
private drive within Lot 1.
b. An ingress/egress and sidewalk easement shall be recorded over the
private drive.
6. The site plan shall be revised to provide for a sidewalk connection from the
principal building to the sidewalk to be constructed on the east side of the private
drive.
7. The plans for signs on the subject site shall be revised as follows:
a. Three of the five proposed wall signs shall be removed from the building.
b. Details regarding the construction of the proposed monument sign,
including height, shall be submitted.
c. All signs require issuance of a sign permit approved by the City.
8. The plan for the waste container enclosure shall be revised to increase the
percentage of brick to 65 percent of the area of the north, east, and south
elevations.
9. The developer shall pay a park fee in lieu of land dedication of $5,508 in
accordance with the SBF Master Development Agreement.
10. All easements are subject to review and approval of the City Engineer.
Planning Commission Meeting Minutes, June 7, 2018 Page 6
11. All grading, drainage, and erosion control plans are subject to review and approval
of the City Engineer.
12. All utility plans are subject to review and approval of the City Engineer.
13. The developer shall execute a development agreement drafted by the City
Attorney prior to City Council approval of the final plat.
Ayes: Einck, Lillehei, Kaluza, Kelvie, Witte, Drotning, Swenson
Nays: 0
7. Avonlea 4th Addition
Chair Kaluza opened the public hearing to consider the application of Mattamy Homes
for a preliminary plat and PUD development stage plans of 321 single family lots and
60 attached townhome units to be known as Avonlea 4th Addition, located west of
Cedar Avenue (C.R. 23) and south of 181st Street.
David VonRuden from Mattamy Homes and Ryan Bluhm from Westwood Professional
Services, Inc. were in attendance at tonight’s meeting. Mr. VonRuden provided a brief
overview of their request. He indicated that there will be at least 2 phases with this
development. Mattamy tried to keep the layout of the Avonlea 4th Addition preliminary
plat close to the approved PUD concept plan.
Planning Consultant Dan Licht presented the planning report. Mr. Licht stated that the
Avonlea 4th Addition preliminary plat consists of the balance of the developer’s land
holdings. The preliminary plat consists of 321 single family lots and 60 row
townhomes for a total of 381 dwellings.
The revised Avonlea Master Plan approved on October 2, 2017 includes an increase
of 17 dwelling units resulting from substituting more townhouse uses where single
family lots were originally planned. Mr. Licht explained that the proposed preliminary
plat remains below the threshold for completion of an Environmental Impact Statement
(EIS).
Mr. Licht reviewed the single family lots and indicated they are consistent with the
minimum lot and setback requirements established by the Avonlea PUD Booklet and
the Avonlea Overall Concept Plan. The Overall Concept Plan must be updated to
reflect the design of the Avonlea 4th Addition Preliminary Plat. Also, with the change
of builders occurring in Avonlea since the initial PUD approvals in 2015, staff is
recommending the following as a condition of PUD Development Stage Plan approval:
The front elevation of the single family homes on the 64 foot and 74 foot lots must
have an exterior finish of brick, stucco, natural or artificial stone, cement fiberboard,
or engineered wood siding as well as incorporating a variety of siding types,
textures (lap, shingle, board and batten), architectural elements such as shutters
or front pillars, and variety of siding, trim, and roofing color combinations, subject
to approval of the Zoning Administrator at the time a building permit is issued.
Planning Commission Meeting Minutes, June 7, 2018 Page 7
Mr. Licht reviewed the row townhouses that are being proposed, including lot area,
setbacks, design, garages, and guest parking.
All right-of-way and street construction is subject to the Transportation Master Plan
adopted as part of the Avonlea PUD Booklet. The preliminary plat must be revised so
that all sheets include street names/designations.
Mr. Licht reviewed the landscape plan in regard to the boulevards, buffer yards, and
the single family and townhome portions of the development.
Mr. Licht stated that staff recommends approval of the Avonlea 4th Addition PUD
Development Stage Plan and preliminary plat, subject to the 12 stipulations listed in
the May 31, 2018 planning report.
Chair Kaluza opened the hearing to the public for comment.
Heino Benthin, 18822 Highview Avenue
Mr. Benthin had no concerns with this plat. He wanted to know when 185th Street is
going to be built and if it will go through to Highview Avenue.
Mr. Licht stated that the preliminary plat provides for the dedication of right-of-way and
the timing of the 185th Street construction would depend on the phasing of the
development. Initially 185th Street will be constructed from Cedar Avenue to Hamburg
Avenue. 185th Street will be constructed from Hamburg Avenue to Highview Avenue
when the west half of the Avonlea PUD and the property to the south develops.
Motion was made by Kelvie, seconded by Einck to close the public hearing at
6:41 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
• Commissioner Swenson asked Mr. Licht to explain why Stipulation 3 is included
in staff’s recommendation. Mr. Licht explained that when Avonlea was
originally approved, it was owned by Mattamy Homes as developer/builder.
Mattamy Homes have entered into an agreement to sell the single family lots
to M/I Home and Lennar. In order to ensure consistency between the first
phase of development and the materials used in that section of the
development, with what’s now being proposed and preliminary platted, City
staff felt that it was necessary to include this stipulation so that concerns raised
by property owners within the development are addressed and the consistency
is carried forward throughout the development as it was originally intended.
This would have been done no matter who the new developer was.
• Commissioner Lillehei asked the developer about the construction and
extension of 185th Street. Mr. VonRuden stated that the plan is to build 185th
Planning Commission Meeting Minutes, June 7, 2018 Page 8
Street this summer to Glenbridge Avenue and then to Hamburg Avenue next
summer.
Motion was made by Lillehei, seconded by Swenson to recommend to City Council
approval of the Avonlea 4th Addition preliminary plat and PUD development stage
plans of 321 single family lots and 60 attached townhome units, subject to the following
12 stipulations:
1. The single family lots shall be subject to the lot requirements for 54 foot, 64 foot,
or 74 foot lots established by the Avonlea PUD Booklet as shown on the approved
Overall Concept Plan for Avonlea.
2. The Avonlea Overall Concept Plan shall be updated to be consistent with the
Avonlea 4th Addition preliminary plat.
3. The front elevation of the single family homes on the 64 foot and 74 foot lots must
have an exterior finish of brick, stucco, natural or artificial stone, cement fiberboard,
or engineered wood siding as well as incorporating a variety of siding types,
textures (lap, shingle, board and batten), architectural elements such as shutters
or front pillars, and variety of siding, trim, and roofing color combinations, subject
to approval of the Zoning Administrator at the time a building permit is issued.
4. All right-of-way and street construction is subject to review and approval of the City
Engineer.
5. Trees planted within the public right-of-way require HOA maintenance with no
liability to the City for damaged or destroyed trees.
6. The height of the plantings provided within the residential buffer yard required
along 185th Street must be specified to indicate compliance with the minimum 10
foot visual screen required by Section 11-21-9.E.6 of the Zoning Ordinance.
7. The developer must provide additional information regarding the value of
construction and the landscaping to be installed within the townhouse portion of
the development with application for final plat approval to verify compliance with
Section 11-58-21.L of the Zoning Ordinance.
8. Outlots A and B shall be deeded to the City to be incorporated into the Avonlea
PUD development of the Darrow-Kohls property.
9. Outlots G and P shall be deeded to the City, the net area of which (excluding
wetlands, wetland buffers, and stormwater basins) shall be credited for park
dedication purposes.
10. Outlots C, J, M, N, and O shall be deeded to the City for stormwater management
purposes. All grading, drainage, erosion control, and wetland issues are subject
to review and approval of the City Engineer.
11. All utility plans are subject to review and approval of the City Engineer.
12. Drainage and utility easements shall be dedicated over all of Lot 33, Block 16, and
Lot 29, Block 17. All drainage and utility easements are subject to review and
approval of the City Engineer.
Ayes: Lillehei, Kaluza, Kelvie, Witte, Drotning, Swenson, Einck
Nays: 0
Planning Commission Meeting Minutes, June 7, 2018 Page 9
8. City of Lakeville
Chair Kaluza opened the public hearing to consider the City of Lakeville’s initiative to
amend Title 4 (Health and Sanitation) and Title 11 (Zoning Ordinance) of the Lakeville
City Code.
Planning Consultant Daniel Licht presented the planning report. Mr. Licht reviewed
the recommended amendments of the Lakeville City Code regarding the keeping of
chickens upon urban residential properties and the key provisions of the proposed
Zoning Ordinance amendment pertaining to the keeping of chickens, which is listed in
the May 31, 2018 planning report.
Mr. Licht stated that the City has been approached regarding development of a large
site as a motor vehicle salvage auction on properties zoned I-2, General Industrial
District. It is staff’s view that this would not be consistent with the City’s economic
development goals to increase employment opportunities and expand the tax base
and that the use could have negative effects to the environment or surrounding
properties. The amendments provided would preclude auto salvage uses from being
located in the industrial park.
Mr. Licht stated that with regard to the Zoning Ordinance amendment that is before
the Planning Commission, City staff would recommend repealing Sections 5, 6, and 7
related to outdoor storage as an allowed use in the I-CBD, I-1 and I-2 Districts in their
entirety.
Chair Kaluza opened the hearing to the public for comment.
Ben and Cole Wegner, 10486 169th Street
Mr. Wegner indicated that they attended the City Council meeting regarding chickens
previously. He thought having chickens was a great way for kids to learn responsibility
and to learn where their food comes from. He wants the City of Lakeville to jump on
board.
Motion was made by Kelvie, seconded by Lillehei to close the public hearing at
6:54 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
• It was recommended by Commissioner Drotning, and the Planning
Commission concurred, to amend the first paragraph of Section 2 of the Zoning
Ordinance amendment to read as follows:
MOTOR VEHICLE SALVAGE YARD: Any tract of land upon which two (2)
or more junk motor vehicles are kept outside and shall include any building,
Planning Commission Meeting Minutes, June 7, 2018 Page 10
structure, or enclosure used or intended for use as part of the equipment of
such motor vehicle salvage yard including those uses involved in wholesale
or retail sale or auction of junk motor vehicles or junk motor vehicle parts.
• It was also recommended to repeal Sections 5, 6, and 7 of the attached
amended ordinance in their entirety.
• Mr. Licht explained that it’s best to remove these provisions and if something is
presented that is not currently allowed by the Zoning Ordinance, there are ways
to address that and give it fair consideration to insure it is consistent with the
City’s goals for industrial uses.
Motion was made by Lillehei, seconded by Einck to recommend to City Council
approval of the ordinance amending Title 4 (Health and Sanitation) and Title 11
(Zoning Ordinance) except Section 3, as amended.
Ayes: Kaluza, Kelvie, Witte, Drotning, Swenson, Einck, Lillehei
Nays: 0
Motion was made by Lillehei, seconded by Drotning to recommend to City Council
approval of Section 3 (keeping of chickens) of the ordinance amending Title 11 (the
Zoning Ordinance), as presented.
Chair Kaluza asked if there is any discussion prior to the vote being taken. Each
Planning Commission member made a statement.
Drotning – Has always felt that residential areas are not a place for farm animals. He
does not consider chickens as pets. Not in favor of this ordinance.
Swenson – Has been in opposition of this ordinance previously. But he hasn’t heard
that there have been complaints or code enforcement issues from other cities. With
the Administrative Permit requirements in place, he would vote yes on this.
Einck – Feels that chickens are in the same category as exotic animals, foxes, raptors,
etc. We have not had a lot of residents coming forward to ask for chickens. He will
be voting no on the chicken ordinance tonight.
Lillehei – Feels that City staff and Planning Commission has come up with the best
performance standards for the chicken ordinance. He has not yet decided how to vote
tonight. He will continue to listen to the other Planning Commissioners prior to his
vote.
Chair Kaluza asked City staff to explain the Administrative Permit process to the
public. Mr. Dempsey indicated that they would need to complete the Administrative
Permit application. The cost is $100 one-time fee. They are required to follow the
conditions that will be adopted as part of this Ordinance amendment. City staff would
review enforce the Administrative Permit on a complaint basis. Chair Kaluza thought
that the Planning Commission, City staff and Mr. Licht have come up with the best
Planning Commission Meeting Minutes, June 7, 2018 Page 11
possible option for having chickens. He reminded the public that the Planning
Commission gives a recommendation to the City Council and the City Council will
make the final decision on this ordinance. Chair Kaluza will vote yes tonight.
Commissioner Kelvie indicated that he is a big supporter of our market studies. He
has not heard any regrets from the cities that have adopted a chicken ordinance. He
is in support of a chicken ordinance.
Commissioner Witte admitted that he has not had as much exposure regarding the
chicken issue, but he looks at them as farm animals. At this point, he will vote no.
If the City Council did decide to move forward with this provision, the Planning
Commission members felt that they took the time to make this ordinance the best they
could.
Mr. Dempsey stated that this will go to the June 18th City Council meeting but stressed
that it would not be a public hearing so it is at the discretion of the Council if they want
to take additional public comment at that time.
Roll call vote was taken.
Ayes: Kelvie, Swenson, Kaluza
Nays: Witte, Drotning, Einck, Lillehei,
There being no further business, the meeting was adjourned at 7:19 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary