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CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
September 6, 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, Brooks Lillehei, Scott Einck, Jason Swenson, Jeff
Witte, Karl Drotning, Ex-officio Mike Lamm
Members Absent: Vice Chair Jason Kelvie
Others Present: Daryl Morey, Planning Director; Zach Johnson, City Engineer; Frank
Dempsey, Associate Planner, Kris Jenson, Associate Planner; Joe Powers, Project
Engineer; Daniel Licht, TPC Company; Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The August 16, 2018 Planning Commission meeting minutes and Planning
Commission work session minutes were approved as presented.
4. Announcements
Mr. Morey stated the following was distributed at tonight’s meeting:
• September 5, 2018 Parks, Recreation and Natural Resources Committee draft
motion regarding the Wild Wings preliminary plat
Mr. Morey stated there will be a work session held in the Marion Conference Room
immediately following tonight’s regular meeting.
5. City of Lakeville
Chair Kaluza opened the public hearing to consider the 2019-2023 Capital
Improvement Plan (CIP).
City Engineer Zach Johnson presented the draft 2019-2023 Capital Improvement Plan
(CIP). Mr. Johnson reviewed the objectives of the CIP and indicated that the CIP
represents the City’s continued investment in our infrastructure. It includes future
transportation, utilities, environmental resources, parks and recreation equipment and
facilities for the years 2019-2023.
Mr. Johnson reviewed the CIP map and explained the reconstruction projects and the
specific year that project will be completed. He also highlighted some of the parks
projects that will be completed in the next five years.
Planning Commission Meeting Minutes, September 6, 2018 Page 2
Mr. Johnson stated that the 2019-2023 CIP will be considered at the October 15 City
Council meeting.
Mr. Johnson stated that staff has reviewed the 2019-2023 CIP and finds it to be
consistent with the Comprehensive Plan and therefore recommends approval as
presented.
Chair Kaluza thanked Mr. Johnson for his presentation and opened the hearing to the
public for comment.
There were no comments from the audience.
Motion was made by Drotning, seconded by Swenson to close the public
hearing at 6:08 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 commented that the CIP is the backbone of the City’s
infrastructure improvements for the next five years. He is glad to see the
planning continue.
• Chair Kaluza indicated that if the public would like to review the CIP, it is on the
city’s website and you can contact City staff with specific questions.
• Commissioner Drotning asked Mr. Johnson to explain the difference between
maintenance and reconstruction of the roads. Mr. Johnson explained that
maintenance is routine in nature and rehabilitation or reconstruction deals with
infrastructure at the end of its life cycle.
• How the use of technology has helped the City map, track and make effective
decisions on when infrastructure needs to be upgraded was discussed.
Commissioner Drotning agreed that technology has helped make infrastructure
improvements much more cost effective.
Motion was made by Swenson, seconded by Drotning to recommend to City
Council adoption of the 2019-2023 Capital Improvement Plan as presented, finding
that it is consistent with the City’s Comprehensive Plan.
Ayes: Swenson, Einck, Lillehei, Kaluza, Witte, Drotning
Nays: 0
6. Timothy and Kristin Poehling
Chair Kaluza opened the public hearing to consider the application of Timothy and
Kristin Poehling for a conditional use permit to allow an attached garage greater than
1,250 square feet on a single family home in the RS-2, Single Family Residential
District, located at 19553 Iteri Avenue.
Planning Commission Meeting Minutes, September 6, 2018 Page 3
Dave Zweber was in attendance at tonight’s meeting representing the Poehlings. Mr.
Zweber stated that the additional accessory space that is being requested will be for
an athletic cross training facility for the Poehling family. He stated there will be no
commercial use of the space.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the subject property is a 2.74-acre vacant lot that is zoned RS-2, Single
Family Residential District. The proposed house complies with RS-2 District setback
requirements.
Mr. Dempsey stated that the applicants have indicated that the attached accessory
building will be used for vehicle storage in the 1,084 square foot space and athletic
training activities in the 1,620 square foot space attached to the vehicle
storage/garage. This would be a total attached accessory building area of 2,704
square feet. Staff is suggesting a maximum combined accessory building area of
2,904 square feet, which would allow the future construction of an accessory building
up to 200 square feet without having to amend the conditional use permit.
Mr. Dempsey indicated that the only non-conforming condition is the water well which
will be sealed as a stipulation of the conditional use permit.
Mr. Dempsey reviewed the criteria of the Zoning Ordinance for accessory building
area requirements, which are listed in detail in the August 31, 2018 planning report.
Mr. Dempsey stated that staff recommends approval of the Poehling CUP subject to
the five stipulations listed in the August 31, 2018 planning report, and adoption of the
Findings of Fact dated September 6, 2018.
Chair Kaluza opened the hearing to the public for comment.
Randy Knippel, 9925 Iteri Court West
Mr. Knippel wanted to raise awareness of the discrepancy of the legal descriptions in
this neighborhood. Because this lot is not being platted, the legal description
discrepancy may not be looked at as closely. He thought the Poehling’s survey
appeared to be okay.
Mr. Knippel commented that he thought because their road was constructed without
curb and gutter, a rain garden would be required when new single family home
construction occurred in this area.
Motion was made by Drotning, seconded by Einck to close the public hearing
at 6:25 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
Planning Commission Meeting Minutes, September 6, 2018 Page 4
• Mr. Dempsey explained that the City is not in a position to require this lot to be
platted. He indicated that the surveyor was aware of the legal description
situation and found the monumentation in the corners of the lot, so lot lines
should not be an issue.
• Project Engineer Joe Powers explained the rain gardens that Mr. Knippel
referred to and why it was not necessary to include one on this lot.
• Commissioner Drotning lives in the area and indicated that the rain gardens
are on the City lots. He looked at this proposed home favorably, given the size
of the subject lot.
Motion was made by Swenson, seconded by Drotning to recommend to City
Council approval of the Poehling conditional use permit to allow an attached garage
greater than 1,250 square feet on a single family home in the RS-2, Single Family
Residential District, located at 19553 Iteri Avenue, subject to the following stipulations,
and adoption of the Findings of Fact dated September 6, 2018:
1. The total accessory building area (combined attached and detached) on the
property shall not exceed 2,904 square feet.
2. The athletic training accessory space shall not be used for the operation of any
commercial business or for the storage of commercial materials or equipment.
3. Restroom facilities shall not be installed within any accessory building area.
4. The private water well shall be sealed in compliance with Dakota County
requirements in conjunction with the new home construction.
5. The survey shall be amended prior to City Council consideration of the conditional
use permit to include the location of the private well and any other recorded
easements on the property.
Ayes: Einck, Lillehei, Kaluza, Witte, Drotning, Swenson
Nays: 0
7. Wild Wings
Chair Kaluza opened the public hearing to consider the application of Ryan
Contracting Co. for a preliminary plat of 45 single family residential lots and four outlots
to be known as Wild Wings, located east of Pilot Knob Road (CSAH 31) and south of
173rd Street.
Joel Cooper from James R. Hills, representing Ryan Contracting was in attendance
at tonight’s meeting to answer any questions the Planning Commission may have.
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that
the Wild Wings preliminary plat consists of 45 single family lots on two blocks. The lot
area, width and depth requirements along with house setback requirements all meet
the RS-4, Single Family Residential District requirements.
Ms. Jenson indicated that there are four outlots in the Wild Wings preliminary plat.
Outlots A and B will be deeded to the City with the final plat as stormwater
Planning Commission Meeting Minutes, September 6, 2018 Page 5
management ponds. Outlot C consists of a creek and wetland complex and will be
deeded to Dakota County with the final plat. Outlot D will be retained by the property
owner for future development.
Ms. Jenson reviewed the streets proposed with the Wild Wings preliminary plat, which
are discussed in detail in the August 28, 2018 Engineering Division memo. Five foot
wide concrete sidewalks will be constructed on one side of Eagleview Drive and
Eastwood Avenue as well as the south side of 173rd Street.
A Tree Preservation Plan has been submitted by the developer showing 80% of the
significant trees located within the Wild Wings boundaries to be saved. There is one
wetland complex in the Wild Wings preliminary plat which is proposed to be preserved
within Outlot C.
Ms. Jenson indicated that staff has determined that a future park should be located
on the west side of the creek so as to be a part of the greenway corridor. Park
dedication will be satisfied through a cash contribution and the park dedication fee will
be based on the rate in effect at the time of final plat approval.
Ms. Jenson stated that staff recommends approval of the Wild Wings preliminary plat
subject to the five stipulations listed in the August 28, 2018 planning report
Chair Kaluza opened the hearing to the public for comment.
Karen Roed-Rick, 17289 Eagleview Drive
Ms. Roed-Rick requested more information concerning the stormwater management
ponds that are proposed for Outlots A and B.
Motion was made by Swenson, seconded by Witte to close the public hearing
at 6:44 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
• Chair Kaluza asked City staff or Mr. Cooper to address Ms. Roed-Rick’s
question about the stormwater management ponds. Both Ms. Jenson and Mr.
Cooper explained how the stormwater ponds will function.
• Commissioner Swenson asked about the classification of Eagleview Drive. Mr.
Powers stated that it is classified as a minor collector and will be extended to
the south when the adjacent property develops. There will be driveway access
to Eagleview Drive and a sidewalk will be constructed on one side.
Motion was made by Witte, seconded by Lillehei to recommend to City Council
approval of the Wild Wings preliminary plat of 45 single family residential lots and four
outlots, subject to the following stipulations:
Planning Commission Meeting Minutes, September 6, 2018 Page 6
1. The recommendations listed in the August 28, 2018 engineering report.
2. The developer shall construct five-foot wide concrete sidewalks along one side of
Eagleview Drive and Eastwood Avenue as well as the south side of 173rd Street.
3. A barricade and “Future through street” sign must be placed at the south terminus
of Eagleview Drive.
4. Outlots A and B shall be deeded to the City with the final plat. Outlot C shall be
dedicated to Dakota County with the final plat.
5. Any subdivision identification sign must be monument style, not more than 10 feet
in height and 100 square feet in area, and must be maintenance free or located
within an outlot owned and maintained by an HOA. A sign permit must be issued
by the City prior to the installation of any subdivision identification sign.
Ayes: Lillehei, Kaluza, Witte, Drotning, Swenson, Einck
Nays: 0
8. Cedar and Dodd Retail Addition
Chair Kaluza opened the public hearing to consider the application of Hy-Vee, Inc. for
a conditional use permit for a convenience food use with a drive-through service
window, located east of Cedar Avenue (CSAH 23), north of Dodd Boulevard (CSAH
9), and south of Glacier Way.
Mike Brandt from Kimle Horn, representing Hy-Vee, presented a brief overview of the
project. Mr. Brandt stated that they have revised the final plat to include an additional
lot from the original final plat approved last year. The revised final plat still includes
the Hy-Vee gas and convenience store along with an additional retail/restaurant site
and an outlot for future development.
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that
the conditional use permit (CUP) for Lot 2, Block 1 is for a convenience restaurant
drive through as a part of a multi-tenant retail building.
Ms. Jenson reviewed the CUP criteria of the Zoning Ordinance for a convenience food
use with a drive-through service window, which is discussed in detail in the August 28,
2018 planning report.
Ms. Jenson stated that staff recommends approval of the Cedar and Dodd Retail
Addition CUP subject to the five stipulations listed in the August 28, 2018 planning
report, and adoption of the Findings of Fact dated September 6, 2018.
Chair Kaluza opened the hearing to the public for comment.
Dave Gerber, 17403 Gettysburg Way
Mr. Gerber has major concerns with traffic flow at the Dodd Boulevard/Glacier Way
intersection, which he stated is one of the most dangerous intersections he has seen.
Planning Commission Meeting Minutes, September 6, 2018 Page 7
Motion was made by Lillehei, seconded by Drotning to close the public hearing
at 7:02 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
• Ms. Jenson explained that a traffic signal is planned to be installed in 2019 at
the Dodd Boulevard/Glacier Way intersection. In addition, the existing signal
at the Dodd Boulevard/Cedar Avenue intersection will be removed when Dodd
Boulevard is realigned to 179th Street in the future consistent with Dakota
County’s East-West Corridor Study. Also, a median will be constructed at the
Dodd Boulevard/Glasgow Avenue intersection with the Cedar and Dodd Retail
Addition development making it a ¾ intersection.
• Commissioner Swenson appreciated the stipulation for additional landscaping
to help with headlight glare from the drive-through along Dodd Boulevard.
• Private drives and accesses was discussed. Because of the grade of the site,
access points were limited and compromises were made to get connectivity
through the site.
• Commissioner Witte asked the developer what type of businesses they were
planning for this development. Mr. Brandt indicated that they are thinking a
coffee shop, maybe a chiropractic office, and eventually a sit-down restaurant.
Motion was made by Swenson, seconded by Witte to recommend to City Council
approval of the Cedar and Dodd Retail Addition conditional use permit for a
convenience food use with a drive-through service window, located east of Cedar
Avenue (CSAH 23), north of Dodd Boulevard (CSAH 9), and south of Glacier Way,
subject to the following stipulations, and adoption of the Findings of Fact dated
September 6, 2018:
1. The site and building on Lot 2 shall be developed consistent with the plans
approved by the City Council.
2. Hours of operation for the convenience food use shall be limited to 5:00 a.m. to
11:00 p.m. Any change beyond these hours of operation shall require an
amendment to the conditional use permit.
3. Prior to City Council consideration, plans for the trash enclosure with materials
consistent with the multi-tenant building must be submitted. The trash enclosure
gates shall be constructed of durable maintenance-free materials.
4. Prior to City Council consideration, the landscape plan for Lot 2 shall be modified
to add an additional Black Hills Spruce tree to those proposed along the Dodd
Boulevard right of way to provide additional screening of headlights from the drive-
through onto Dodd Boulevard.
5. A comprehensive sign plan shall be submitted for staff review prior to the issuance
of any sign permits. A sign permit must be issued by the City prior to the installation
of any signs.
Ayes: Kaluza, Witte, Drotning, Swenson, Einck, Lillehei
Nays: 0
Planning Commission Meeting Minutes, September 6, 2018 Page 8
9. Spirit of Brandtjen Farm Office Addition
Chair Kaluza opened the public hearing to consider the application of SBF
Development Corp. for the following, located at 16972 Brandtjen Farm Drive: A. PUD
development stage plans for an addition to the existing office building in Spirit of
Brandtjen Farm; and B. Vacation of public drainage and utility easements.
Pat Wrase, Project Manager with SBF Development Corp. presented a brief overview
of the project. He indicated that there are several divisions in the Spirit of Brandtjen
Farm companies. Enebak Construction has been one of them for over 50 years. He
indicated that the plan is to relocate the Northfield office of Enebak Construction to
this new location in Lakeville.
Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that
SBF Development Corporation has submitted plans for expansion of the horse arena
within the Farmstead Preservation Area of Spirit of Brandtjen Farm. The expansion
consists of a two-story building designed to look like a hay barn attached to the horse
arena by an enclosed breezeway.
Mr. Licht indicated that the horse arena is the third remaining element of the original
Brandtjen farmstead that was repurposed for office uses and is currently occupied as
the real estate office for SBF.
The north wall of the proposed hay barn office addition is in line with the north wall of
the horse arena so the appearance from Brandtjen Farm Drive is appropriate. The
proposed exterior materials will be consistent with the materials used for the dairy barn
and horse arena.
Mr. Licht stated that a landscape plan that complies with the Zoning Ordinance must
be submitted and approved by City staff.
Mr. Licht reviewed the parking requirements. The site plan does not provide for
additional parking other than two parking stalls that comply with the Zoning Ordinance
requirements where a driveway access was planned from Brandtjen Farm Drive. If
additional off-street parking becomes an issue, there is area east of the proposed hay
barn office addition where additional off-street parking could be added. Mr. Licht
stated that City staff is recommending that a proof-of-parking agreement be executed
for Lot 2, Block 1, SBF Office Addition requiring construction of parking stalls within
the lot as required by the Zoning Ordinance for the hay barn office addition if the City
determines a need in the future.
Mr. Licht reviewed pedestrian access in this area of SBF, along with the easement
vacation application, which are described in detail in the August 29, 2018 planning
report.
Planning Commission Meeting Minutes, September 6, 2018 Page 9
Mr. Licht stated that staff recommends approval of the PUD development stage plans
and vacation of public drainage and utility easements, subject to the nine stipulations
listed in the August 29, 2018 planning report.
Chair Kaluza opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Lillehei, seconded by Witte to close the public hearing at
7:22 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 commented that he supports the concept of multiple
uses in the Farmstead Preservation Area sharing parking.
• Commissioner Swenson confirmed with Mr. Wrase that the heavy equipment
for Enebak Construction will remain in the industrial park in Northfield. Mr.
Wrase indicated that the Enebak Construction project managers and finance
staff will be moving to the proposed Lakeville office.
• Commissioner Witte thought this building was very unique and fits the property
well.
• Commissioner Drotning indicated that the SBF development has been fun to
watch. He hopes the developer keeps building uses in the Farmstead
Preservation Area that are consistent with the SBF PUD.
Motion was made by Drotning, seconded by Witte to recommend to City Council
approval of the PUD development stage plans for an addition to the existing office
building in Spirit of Brandtjen Farm and vacation of public drainage and utility
easements, subject to the following stipulations:
1. Construction of the breezeway overlaying the lot line between the hay barn office
addition and horse arena shall be subject to review and approval by the building
Official.
2. Roofing material for the hay barn office addition shall be consistent with that used
for the horse arena building.
3. 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.
4. A proof-of-parking agreement shall be executed for Lot 2, Block 1, SBF Office
Addition requiring construction of parking stalls within the lot as required by the
Zoning Ordinance for the hay barn office addition if the City determines a need in
the future.
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
Planning Commission Meeting Minutes, September 6, 2018 Page 10
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.
9. A cross access easement must be established over the private utilities crossing
the two lots in the final plat.
Ayes: Witte, Drotning, Swenson, Einck, Lillehei, Kaluza
Nays: 0
Mr. Morey reminded the Planning Commissioners about the Spirit of Brandtjen Farm trail
tour on September 19th from 10:30 am to 1:00 pm, and to let staff know if they would like
to attend.
10. City of Lakeville
Chair Kaluza opened the public hearing to consider an amendment to Section 11-23-
19.G of the Lakeville Zoning Ordinance concerning wall signs within the Freeway
Corridor District.
Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that
City staff has identified an error in the provisions of the Zoning Ordinance regulating
the area of wall signs for commercial uses within the Freeway Corridor District. The
maximum area allowed for wall signs within the Freeway Corridor District was
inadvertently reduced from 150 square feet to 100 square feet by Ordinance 816
approved on February 7, 2007.
Mr. Licht stated staff has concluded that the 2007 Zoning Ordinance amendment
concerning the allowed area for a wall sign within the Freeway Corridor District as an
unintended modification. A draft ordinance to amend the Zoning Ordinance to allow
the area of a wall sign within the Freeway Corridor District up to 150 square feet has
been prepared to correct his issue.
Mr. Licht stated that City staff recommends approval of the draft ordinance restoring
the wall sign area allowance within the Freeway Corridor District to 150 square feet
as allowed prior to adoption of the Ordinance 816 on February 7, 2007.
Chair Kaluza opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Drotning, seconded by Swenson to close the public
hearing at 7:29 p.m.
Planning Commission Meeting Minutes, September 6, 2018 Page 11
Voice vote was taken on the motion. Ayes - unanimous
Chair Kaluza asked for comments from the Planning Commission. Commissioner
Swenson stated that the proposed Zoning Ordinance amendment makes sense to
correct the issue.
Motion was made by Witte, seconded by Drotning to recommend to City Council
approval of the amendment to Section 11-23-19.G of the Lakeville Zoning Ordinance
concerning wall signs within the Freeway Corridor District, as presented.
Ayes: Drotning, Swenson, Einck, Lillehei, Kaluza, Witte
Nays: 0
There being no further business, the meeting was adjourned at 7:30 pm.
Respectfully submitted,
Penny Brevig, Recording Secretary