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CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
September 20, 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, Paul
Reuvers, Ex-officio Mike Lamm
Members Absent: Vice Chair Jason Kelvie, Karl Drotning, Jeff Witte
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner,
Daniel Licht, TPC Company; Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The September 6, 2018 Planning Commission meeting minutes and Planning
Commission work session minutes were approved as presented.
4. Announcements
Mr. Morey stated that the October 4, 2018 Planning Commission meeting will be
cancelled. The next meeting is scheduled for October 18, 2018.
5. Dakota Electric Association
Chair Kaluza opened the public hearing to consider the application of Dakota Electric
Association for an interim use permit to allow an accessory antenna greater than 50
feet in height in the C-3, General Commercial District, located at 17709 Cedar Avenue.
Craig Knudsen from Dakota Electric Association provided a brief overview of their
project. Mr. Knudsen stated the reason for the 58 foot tower/antenna height is
because there is a certain elevation that they need to meet for communication with
the Farmington DEA office.
Mr. Dempsey presented the planning report. Mr. Dempsey stated that representatives
of Dakota Electric Association (DEA) have submitted an interim use permit (IUP)
application and plans for the installation of a 58 foot tall accessory radio antenna and
support tower at their substation located north of the City’s Central Maintenance
Facility (CMF). The maximum accessory antenna height in the C-3 District is 50 feet
unless an IUP is approved to exceed that height.
Mr. Dempsey referenced the interim use permit criteria from Section 11-5-5 of the
Zoning Ordinance. He pointed out that the most pertinent criteria for consideration of
the proposed radio antenna is required landscape screening. Mr. Dempsey indicated
Planning Commission Meeting Minutes, September 20, 2018 Page 2
that existing landscaping at the DEA substation site consists of mature evergreen
trees and adequately screens the substation and the proposed antenna.
DEA has agreed to combine a separate abutting parcel they own south of the principal
substation parcel, thereby eliminating a non-conformity. DEA representatives will
contact Dakota County regarding the formal procedure to combine the parcels.
Mr. Dempsey stated that staff recommends approval of the DEA IUP for an accessory
antenna subject to the three stipulations listed in the September 14, 2018 planning
report, and adoption of the Findings of Fact dated September 20, 2018.
Chair Kaluza opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Lillehei, seconded by Reuvers to close the public hearing
at 6:06 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Kaluza asked for comments from the Planning Commission. The Planning
Commission agreed that this is a good location to install the antenna and it will blend
in with the surroundings.
Motion was made by Lillehei, seconded by Reuvers to recommend to City Council
approval of the Dakota Electric Association interim use permit to allow an accessory
antenna greater than 50 feet in height in the C-3, General Commercial District, located
at 17709 Cedar Avenue, subject to the following stipulations, and adoption of the
Findings of Fact dated September 20, 2018:
1. The antenna and tower shall not exceed 58 feet in height
2. The interim use permit for the 58 foot tall accessory antenna and tower shall expire
when the antenna and tower is no longer needed for the operations of Dakota
Electric Association or their successors
3. The two Dakota Electric Association owned parcels (PID220090079013 &
220090079012) shall be combined into a single parcel
Ayes: Einck, Lillehei, Kaluza, Swenson, Reuvers
Nays: 0
6. Kenwood Hills
Chair Kaluza opened the public hearing to consider the application of Kenwood Hills
LLC (aka Homestead Partners LLC) for a variance from the wetland buffer setback to
allow the construction of a deck onto the rear of an existing detached townhome within
the Kenwood Hills PUD, located at 18254 Jurel Way.
Planning Commission Meeting Minutes, September 20, 2018 Page 3
Tom Bakritges and Chuck Ryan from Homestead Partners were in attendance at
tonight’s meeting. Mr. Bakritges provided an overview of their request. Mr. Bakritges
pointed out the environmental constraints with the development of the Kenwood Hills
project, including slopes and wetlands. He explained there is a unique construction
method they use called the Diamond Pier Foundation System that will minimize
impacts in the wetland buffer area for installation of the proposed deck footings. Mr.
Bakritges stated that the survey submitted with the variance application showed the
proposed deck on the left (north) side of the home. He provided a revised survey
showing the deck on the right (south) side of the home consistent with the location of
the existing patio door on the rear of the home. He stated he supports the planning
report and the draft findings of fact.
Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that
the proposed deck, located on Lot 9, Block 3, Kenwood Hills 2nd Addition, would
encroach into a required wetland buffer setback. The subject site is zoned PUD,
Planned Unit Development District. The detached townhome constructed on the
subject site complies with all the required minimum setbacks of the PUD District.
Mr. Licht explained that there is a wetland to the east of the lot. The 10-foot setback
from the wetland buffer extends into the unit lot to the rear wall of the detached
townhome. A potential buyer is requesting construction of an elevated deck at the
main level patio door that would extend 10 feet from the rear of the detached
townhome to the rear line of the unit lot. The proposed deck is within the unit lot but
encroaches into the required wetland buffer setback.
Mr. Licht stated that the developer is requesting a variance to allow for construction of
the proposed deck into the required 10-foot setback from the wetland buffer. He
explained the practical difficulty encountered by the developer is that the required
setback from the wetland buffer overlays the unit lot limiting the buildable area therein.
Mr. Licht also described the Kenwood Hills 2nd Addition re-plat approved in 2016.
Mr. Licht stated that staff recommends approval of a variance from the 10-foot wetland
buffer setback required by the Kenwood Hills PUD District and adoption of the
Findings of Fact dated September 20, 2018.
Chair Kaluza opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Lillehei, seconded by Swenson 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:
Planning Commission Meeting Minutes, September 20, 2018 Page 4
• Commissioner Reuvers referred to the variance criteria listed in Section 11-6-
5.C of the Zoning Ordinance where it states the variance request is “unique to
the property not created by the landowner”. He believes the PUD zoning of this
property is designed to address this request.
• There was a discussion regarding whether other lots in Kenwood Hills have the
same situation and could potentially request a variance too. Mr. Morey
indicated that he researched this question and determined there would be a
maximum of three detached townhome lots that could request a similar
variance. One is the existing detached townhome on the lot to the north, which
has a three-season porch and meets the wetland buffer setback, and the other
is one of the three vacant lots located immediately north of that lot. Chuck Ryan
stated JMS Custom Homes will restrict the types of house plans that would be
offered for the three vacant lots in order to meet the 10-foot wetland buffer
setback. The existing detached townhome with the three-season porch was
also designed to meet the 10-foot wetland buffer setback.
• The Planning Commissioners support the request for the deck but agreed that
amending the PUD would be more appropriate. They also questioned whether
restrictive covenants could be recorded against the three vacant lots to ensure
that the detached townhomes to be constructed on those lots meet the 10-foot
wetland buffer setback.
• Mr. Morey reviewed the application process and timing if the developer were to
apply for a PUD amendment. Mr. Morey stated that the PUD amendment
would have to be advertised for a public hearing to be held at the October 18th
Planning Commission meeting. The developer could request a special City
Council meeting prior to their work session on October 22nd to consider the
PUD amendment application. If not, the next possible City Council meeting
would be November 5th. The developer stated this would be too late in the year
to build the deck.
• Mr. Morey clarified that even if the Planning Commission denies the variance
request at tonight’s meeting, the developer can still request the variance
application be considered at the October 1st City Council meeting.
Chair Kaluza called for a recess at 6:44 so the developer could discuss his options
with staff.
Reconvened at 6:55
• Mr. Bakritges thanked the Planning Commission for the meeting break to
discuss his options with staff. He requested the Planning Commission take
action this evening on his variance application.
Motion was made by Reuvers, seconded by Swenson to recommend to City
Council approval of the Kenwood Hills LLC variance from the wetland buffer setback
to allow the construction of a deck onto the rear of an existing detached townhome
within the Kenwood Hills PUD, located at 18254 Jurel Way, and adoption of the
Findings of Fact dated September 20, 2018:
Ayes: 0
Planning Commission Meeting Minutes, September 20, 2018 Page 5
Nays: Lillehei, Kaluza, Swenson, Reuvers, Einck
The Planning Commission supports construction of the deck but believes that a PUD
amendment would be the preferred application.
Motion was made by Reuvers, seconded by Einck to direct staff to prepare findings
of fact to reflect their discussion and recommendation.
Ayes: Kaluza, Swenson, Reuvers, Einck, Lillehei
Nays: 0
There being no further business, the meeting was adjourned at 6:59 pm.
Respectfully submitted,
Penny Brevig, Recording Secretary
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
October 18, 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, Karl Drotning, Jeff Witte,
Brooks Lillehei, Scott Einck, Jason Swenson, Ex-officio Mike Lamm
Members Absent: None
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner,
Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The September 20, 2018 Planning Commission meeting minutes will be approved at
the November 1, 2018 meeting
4. Announcements
None
5. Kwik Trip
Chair Kaluza opened the public hearing to consider the application of KT Real Estate
Holdings, LLC for a conditional use permit amendment to allow an expansion of the
Kwik Trip convenience store building located at 16260 Kenrick Avenue.
Bjorn Berg from Kwik Trip provided a brief overview of the project. Mr. Berg indicated
that Kwik Trip is requesting a small building addition off the back of the store, not in
view of the public. It will house the kitchen and the current kitchen will be used for
beverage sales.
Mr. Dempsey presented the planning report. Mr. Dempsey stated that a CUP
amendment has been requested for the Kwik Trip gas and convenience store at 16260
Kenrick Avenue. Kwik Trip is requesting an addition to the existing store for additional
kitchen and food preparation area. Kwik Trip received CUP approval for the
construction of the convenience store with motor fuel sales and a car wash in 1996
(CUP No. 96-16).
Mr. Dempsey indicated that the building addition will match the roof-line and building
height of the existing building and the proposed exterior architectural materials will
match the existing building. The proposed site plan does not indicate any impact to
the total number of available parking spaces on site or to vehicle circulation. The
Planning Commission Meeting Minutes, October 18, 2018 Page 2
proposed plan indicates a new gate to replace the non-conforming gate for the refuse
and recycling that is presently stored in a walled and gated enclosure between the
store and car wash buildings.
Mr. Dempsey stated that there is sufficient screening in place between Kwik Trip and
the residential properties to the east.
Mr. Dempsey stated that staff recommends approval of the Kwik Trip CUP
amendment, subject to the four stipulations listed in the October 12, 2018 planning
report, and adoption of the Findings of Fact dated October 18, 2018.
Chair Kaluza opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Kelvie, seconded by Swenson Reuvers to close the public
hearing at 6:07 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
• Commissioner Drotning confirmed that this addition would have been a building
permit only if not for the original CUP.
• Vice Chair Kelvie asked if this type of building addition is planned for the other
Kwik Trips in Lakeville. Mr. Berg commented that they have submitted a CUP
amendment application for a similar addition at the Kwik Trip located at 20187
Dodd Boulevard, but the addition will be more visible and screening will be
more difficult.
• Vice Chair Kelvie asked if the need for more space is due to an increase in food
service. Mr. Berg indicated that with two new products (smoothies and
frappes), there is a need for additional staff and storage. He stated that this
will be all they can accommodate unless more land is purchased.
• Commissioner Drotning remembers the Planning Commission working very
hard with the neighbors of this Kwik Trip to make sure the landscaping and
screening would be sufficient when the original CUP was considered in 1996.
Mr. Dempsey stated that there has never been a noise complaint.
• Commissioner Swenson commented that he was glad to see a continuing
investment in this facility.
Motion was made by Drotning, seconded by Kelvie to recommend to City Council
approval of the Kwik Trip conditional use permit amendment to allow an expansion of
the Kwik Trip convenience store building located at 16260 Kenrick Avenue, subject to
the following stipulations, and adoption of the Findings of Fact dated October 18,
2018:
Planning Commission Meeting Minutes, October 18, 2018 Page 3
1. The site and building improvements shall comply with the plans approved by the
City Council.
2. A building permit is required prior to commencing any building improvements.
3. The new gate screening the trash storage area shall be constructed of durable,
maintenance free material.
4. Conditional Use Permit #96-16 shall remain in full force and effect.
Ayes: Swenson, Einck, Lillehei, Kaluza, Kelvie, Witte, Drotning
Nays: 0
6. Verizon Wireless
Chair Kaluza opened the public hearing to consider the application of Verizon Wireless
for the following, located at Fire Station No. 4, 9465 – 185th Street: A. Amendment to
Conditional Use Permit No. 08-12 to allow the installation of a personal wireless
service tower and antennas, and B. Amendment to Interim Use Permit No. 08-15 to
allow the personal wireless service tower and antennas to exceed 75 feet in height in
the P/OS, Public and Open Space District.
Karyn O’Brien representing Verizon Wireless provided an overview of the request.
Ms. O’Brien stated that this request is to replace the current tower and to increase the
tower height so they can accommodate other service providers. She introduced Brian
Schneider from their construction design firm who will be available to answer any
technical questions regarding the construction of the tower.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Verizon Wireless has submitted applications for amendments to CUP No.
08-12 and IUP No. 08-15 to allow the construction of a new personal wireless service
tower and antennas to replace the existing 110-foot tall tower and antennas in
approximately the same location. The purpose of this request is to improve the service
coverage in this area of the city.
A CUP is required to allow a personal wireless service antenna tower not located on
a public or quasi-public structure. An IUP is required for the antenna tower to be more
than 75 feet tall. Mr. Dempsey explained the co-location requirement of the Zoning
Ordinance. He indicated that the proposed tower is designed to allow three users.
The current tower only allows two service users.
Mr. Dempsey reviewed the performance standards for CUP’s that are part of the
Zoning Ordinance requirements and are listed in detail in the October 12, 2018
planning report. There are also general standards for IUP’s provided in the Zoning
Ordinance and listed in detail in the October 12, 2018 planning report, which Mr.
Dempsey reviewed at tonight’s meeting.
Mr. Dempsey stated that the new Verizon tower at Fire Station No. 4 is consistent with
other similar antenna towers in the City.
Planning Commission Meeting Minutes, October 18, 2018 Page 4
Mr. Dempsey stated that staff recommends approval of the CUP amendment and IUP
amendment, subject to the seven stipulations listed in the October 12, 2018 planning
report and adoption of the Findings of Fact dated October 18, 2018.
Chair Kaluza opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Drotning, seconded by Einck to close the public hearing
at 6:22 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
• The Planning Commission agreed that this location originally made sense and
they see no problem with extending the height for better service.
• Mr. Dempsey stated that the City tries to locate the towers on public property
such as parks, schools, and water towers.
Mr. Dempsey wanted to make two items clear:
• On page 2 of the planning report, it should state that AT&T will relocate the
existing AT&T antenna to the new tower, not Verizon.
• On page 4, paragraph c, of the planning report, it should state that a second
equipment building will be constructed by Verizon.
Mr. Dempsey indicated that he will amend his planning report to reflect these changes
prior to the City Council meeting.
Motion was made by Swenson, seconded by Einck to recommend to City Council
approval of the Verizon Wireless amendment to CUP 08-12 to allow the installation of
a personal wireless service tower and antennas and amendment to IUP 08-15 to allow
the personal wireless service tower and antennas to exceed 75 feet in height in the
P/OS, Public and Open Space District, subject to the following stipulations, and
adoption of the Findings of Fact dated October 18, 2018:
1. The personal wireless service antenna shall comply with the requirements of
Section 11-30-3 of the Zoning Ordinance.
2. The personal wireless service antenna shall not exceed 139 feet in height and shall
be constructed in the location shown on the plans approved by the City Council.
3. The personal wireless service tower and antennas shall be painted Tenemec blue
or comparable color to match the existing tower.
4. A building permit shall be required prior to construction of the tower and antenna.
All required Federal and State permits shall be submitted prior to the issuance of
a building permit.
Planning Commission Meeting Minutes, October 18, 2018 Page 5
5. The existing personal wireless service tower and antennas shall be removed from
the property upon completion of the installation of the new tower and antennas.
6. When the antenna tower is no longer used for the purpose of personal wireless
services, the tower shall be removed within one year of the discontinuance of the
use or as directed in the agreement.
7. The stipulations listed in Conditional Use Permit No. 08-12, except B and C and
Interim Use Permit No. 08-15 except B and C shall remain in full force and effect.
Ayes: Einck, Lillehei, Kaluza, Kelvie, Witte, Drotning, Swenson
Nays: 0
There being no further business, the meeting was adjourned at 6:28 pm.
Respectfully submitted,
Penny Brevig, Recording Secretary