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HomeMy WebLinkAboutItem 03 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES October 17, 2019 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 Scott Einck, Brooks Lillehei, Jason Swenson, Karl Drotning, Jenna Majorowicz, Jeff Witte Members Absent: Ex-officio Mike Lamm Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The September 19, 2019 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that a revised The Moments of Lakeville planning report dated October 17, 2019 was distributed to the Planning Commission at tonight’s meeting. 5. Moments of Lakeville Chair Kaluza opened the public hearing to consider the application of Elizabeth Wright, Waite Holdings, LLC and TMSC of Lakeville, LLC for the following, located south of 162nd Street (CSAH 46) and east of Kenyon Avenue: A. An amendment to Sections 11-72-7, 11-73-7, 11-74-7, and 11-75-7 of the Zoning Ordinance, and B. A conditional use permit to allow the connection of principal buildings across a property line for interior pedestrian and vehicle use in the C-3 District and to allow a six-foot tall chain link fence in the required front yard in the C-3, General Commercial District. Patrick Sarver, with the Civil Site Group Inc., Amit Sela and Elizabeth Wright were in attendance at tonight’s meeting to answer any questions that the Planning Commission may have. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey briefly explained the history of this property. He stated that the proposed expansion of The Moments of Lakeville memory care facility, which included the combination of Lots 1 and 2, Kenyon Retail, was approved by the City Council at their April 15, 2019 meeting. The Moments representatives have subsequently determined that combining the two lots will not be possible so now the applicant is requesting approval of a Zoning Ordinance amendment and conditional use permit to allow the connection Planning Commission Meeting Minutes, October 17, 2018 Page 2 of principal buildings across a property line for interior pedestrian and vehicle use in the C-3 District, as well as a conditional use permit for a fence in the required front yard in the C-3 District. The connection of two separate buildings on two separate lots by an enclosed pedestrian walkway is not currently allowed by the Zoning Ordinance. According to the applicant, the lots cannot be combined into a single parcel due to private financial institution requirements even though the memory care facility is owned and managed by the same group. A draft ordinance amendment to allow connection of principal buildings across a property line as a conditional use was prepared by The Planning Company (TPC), the City’s planning consultant, which would apply to properties within the C-2, C-3, C- CBD, and O-P Districts. Mr. Dempsey stated that a revised planning report was distributed at tonight’s meeting which includes the performance standards for the connection of principal buildings across a property line by conditional use permit, which was inadvertently left out of the original planning report and which Mr. Dempsey briefly reviewed, along with four additional stipulations having to do with the building connection. Mr. Dempsey reviewed the previously approved fencing for both lots and the proposed CUP for the current fencing request, which is outlined in detail in the October 17, 2019 revised planning report. He also indicated that all stipulations of CUP 19-11 shall remain in full force and effect except as amended by the proposed CUP which includes 3b, c and g. Mr. Dempsey stated that Planning Department staff recommends approval of the Zoning Ordinance amendment and conditional use permit for the building connection across a property line and for the fencing on The Moments of Lakeville lots, subject to the eight stipulations listed in the October 17, 2019 revised planning report, and adoption of the Findings of Fact dated October 17, 2019. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Drotning, seconded by Lillehei to close the public hearing at 6:10 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Discussion points included: • Commissioner Witte asked if the solid fence height variance that was approved in 2017 was being withdrawn and if the headlight issue related to that variance was resolved. Mr. Sela indicated that there were challenges with meeting wind Planning Commission Meeting Minutes, October 17, 2018 Page 3 load requirements for the proposed solid fence and that is why they are now proposing the black vinyl chain link fence. They will be installing special window levelers in an attempt to solve the issue with headlights shining through the windows. • Commissioner Witte asked if the applicant owns more land to the east of their building and if so, what do they plan to do with the land. Mr. Sela stated that they are proposing to install a beautiful English garden in this location, including a small accessory building with toilets and mechanical equipment. There will be class 5 walkways through the garden. • Commission Drotning commented that it seems that The Moments of Lakeville has been developed on the fly with changes that keep coming back through the Planning Commission. He hopes the development team will be more efficient with their ideas and plans so they don’t have to keep coming back to the Planning Commission. Mr. Sela expressed his appreciation for all the support the City has given them. • Commissioner Drotning has been and still is concerned with the parking requirements for this project. He asked that the parking requirements for residential care facilities be reviewed as part of the next Zoning Ordinance update. Mr. Sela assured him that there will be enough parking for the existing building and proposed expansion. Motion was made by Swenson, seconded by Einck to recommend to City Council approval of a Zoning Ordinance amendment and conditional use permit for The Moments of Lakeville to allow the connection of two principal buildings across a property line and a six-foot tall chain link fence in the required front yard in the C-3 District, and adoption of the Findings of Fact dated October 17, 2019, subject to the following eight stipulations listed in the October 17, 2019 revised planning report: 1. The proposed fence on Lot 1 and the existing chain-link fence on Lot 2 requires issuance of a fence permit by the City prior to installing the new fence on Lot 1. All fences shall be constructed of black vinyl coated chain link and shall meet Zoning Ordinance requirements. Screening slats or other non-durable screen material shall not be installed on the chain-link fence. 2. The black nylon mesh screening material on the existing fence on Lot 2 shall be removed prior to the issuance of a permit for the new fence on Lot 1. If screening is desired by the property owner, English Ivy or comparable vegetative screening shall be planted to grow on the chain-link fence along 162nd Street. 3. The 12-foot tall solid privacy fence approved by variance on November 20, 2017 shall expire. 4. The Zoning Lot designation that combined Lot 1 and Lot 2 shall be rescinded by Planning Department staff. 5. Plans showing exterior building materials of the connection that are consistent with the exterior materials of the principal buildings must be submitted with the building permit application for the new principal building and connection. 6. The property owner shall submit an agreement meeting the requirements of the proposed Zoning Ordinance amendment for review by the City Attorney prior to City Council consideration of the conditional use permit. The agreement shall be Planning Commission Meeting Minutes, October 17, 2018 Page 4 recorded prior to the issuance of a building permit for the new principal building and connection. 7. The City Engineer shall review and approve the grading and storm water management design for the structure connecting the principal buildings prior to issuance of a building permit for the new principal building and connection. 8. The structure connecting the principal buildings shall comply with Building Code requirements. Ayes: Swenson, Majorowicz, Lillehei, Kaluza, Einck, Witte, Drotning Nays: 0 There being no further business, the meeting was adjourned at 6:21 pm. Respectfully submitted, Penny Brevig, Recording Secretary