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HomeMy WebLinkAboutItem 03 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES November 7, 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, Brooks Lillehei, Karl Drotning, Jenna Majorowicz, Jeff Witte, Paul Reuvers Planning Commission member Jason Swenson arrived at 6:05 p.m. Members Absent: Vice Chair Scott Einck, Ex-officio Mike Lamm Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Monica Waite, Planning and Zoning Specialist; Alex Jordan, Assistant City Engineer; Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The October 17, 2019 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that the following were distributed at tonight’s meeting: 1. November 6, 2019 Parks, Recreation and Natural Resources Committee meeting motions regarding the Old School Addition preliminary and final plat and Bennett Bluffs preliminary plat. 2. Amended Planning Commission agenda adding an item under New Business to designate an alternate chair for the November 21, 2019 Planning Commission meeting. 5. Old School Addition Chair Kaluza opened the public hearing to consider the application of ISD 194 for the following, located at 8670 – 210th Street: A. Preliminary and final plat of one lot and two outlots to be known as Old School Addition; B. Zoning Map amendment to rezone property from RM-1, Medium Density Residential District to O-R, Office/Residential Transition District; and C. Vacation of public drainage and utility easements. Bruce Rydeen from Cerron Commercial Properties and Bill Holmgren, Executive Director of Business Services for ISD 194 were in attendance at tonight’s meeting and were available to answer any questions that the Planning Commission may have. Mr. Planning Commission Meeting Minutes, November 7, 2018 Page 2 Holmgren presented a short overview of the request. He stated that the ISD 194 School Board decided to sell the subject building and subdivide the property, with the hockey rinks and creek located in outlots to be deeded to the City. They have a buyer for Lot 1 and will close on the property included in the Old School Addition plat following City Council approval. Planning and Zoning Specialist Monica Waite presented the planning report. Ms. Waite stated that the subject office building and property were until recently used for ISD 194 administrative offices. The preliminary and final plat and rezoning will allow a private use to occupy the office building. Ms. Waite explained that because the new use of the building is proposed as a private office, it would not be permitted in the RM-1, Medium Density Residential District, which is the existing zoning of the property. The proposed use is permitted under the O-R, Office/Residential Transition District. Mr. Waite stated that the proposed rezoning and office use is compatible with existing land uses in the vicinity and consistent with the 2040 Comprehensive Plan. Ms. Waite stated that an administrative subdivision is required to split off a portion of the parent parcel in conjunction with the preliminary and final plat. The Old School Addition preliminary and final plat meets the requirements for lot area and lot width for the O-R District. Setback requirements are also being met. Ms. Waite indicated that there are two outlots proposed with the Old School Addition preliminary and final plat. Outlot A consists of two skating rinks, a warming house and a storage building. Outlot B consists of the floodway for the South Creek tributary stream. Both outlots will be deeded to the City of Lakeville with the final plat. There are an adequate number of parking spaces for the office building and the skating rinks. A shared parking and access easement agreement will be drafted between Lot 1 and Outlots A and B prior to the City Council meeting. Regarding the easement vacation, ISD 194 is coordinating with the City of Lakeville for the vacation of the existing public drainage and utility easements located within Outlots A and B. Ms. Waite stated that Planning Department staff recommends approval of the Old School Addition preliminary and final plat, Zoning Map amendment, and easement vacation, subject to the four stipulations listed in the November 1, 2019 planning report and adoption of the Findings of Fact dated November 7, 2019. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Lillehei, seconded by Drotning to close the public hearing at 6:09 p.m. Planning Commission Meeting Minutes, November 7, 2018 Page 3 Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Commissioner Drotning commented that ISD 194 has a long history of working cooperatively with the City. He is very supportive of this project. Motion was made by Drotning, seconded by Lillehei to recommend to City Council approval of the Old School Addition preliminary and final plat of one lot and two outlots, Zoning Map amendment to rezone property from RM-1, Medium Density Residential District to O-R, Office/Residential Transition District, and vacation of public drainage and utility easements, and adoption of the Findings of Fact dated November 7, 2019, subject to the following four stipulations listed in the November 1, 2019 planning report: 1. A shared parking and access easement agreement shall be recorded with the final plat. 2. An administrative subdivision of the parent parcel shall be recorded prior to the recording of the final plat. 3. An easement for the ISD 194 existing fiber optic line running through Outlots A and B shall be recorded with the final plat. 4. Outlots A and B shall be deeded to the City with the final plat. Ayes: Swenson, Majorowicz, Lillehei, Kaluza, Reuvers, Witte, Drotning Nays: 0 6. Bennett Bluffs Chair Kaluza opened the public hearing to consider the application of CNC Development III, LLC for a preliminary plat of 24 single family residential lots to be known as Bennett Bluffs, located west of Cedar Avenue (CSAH 23) and south of 202nd Street (CSAH 50). Rick Osberg from James R. Hill Inc. and Trace Mills from OneTenTen Homes were present to answer any questions the Planning Commission may have. Mr. Osberg presented a short overview of the request. He indicated that substantial discussions were held with Dakota County Transportation staff on the street access at 202nd Street (CSAH 50) for this development. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey indicated that the Bennett Bluffs preliminary plat meets the single family lot area and lot width requirements of the RM-1 District. The proposed house pads shown on the Bennett Bluffs preliminary grading plan indicate that all 24 lots have adequate building pad areas that meet setback requirements. Mr. Dempsey stated that two of the single family lots abut 202nd Street (CSAH 50) requiring additional buffer yard landscaping, which complies with the 10-foot tall minimum screening height requirements adjacent to 202nd Street. Planning Commission Meeting Minutes, November 7, 2018 Page 4 Mr. Dempsey stated the Bennett Bluffs preliminary plat proposes three outlots. A wetland delineation prepared on April 24, 2019 identified wetland areas within Outlots A and B which will be deeded to the City with the final plat. Outlot C will be retained by the developer for possible future development. A 10-foot wide bituminous trail will be constructed along the south side of 202nd Street as part of the current road improvement project. A 10-foot wide trail already exists along the west side of Cedar Avenue. Mr. Dempsey stated that Street A will be constructed as a temporary cul-de-sac to be extended when the property to the west develops. The developer has submitted a ghost plat to show the possible westerly extension of Street A when the adjacent lot develops in the future. The location of the Street A full access intersection with CSAH 50 was determined with the Dakota County Plat Commission review of the Bennett Bluffs preliminary plat. Mr. Dempsey stated that Planning Department staff recommends approval of the Bennett Bluffs preliminary plat, subject to the eight stipulations listed in the November 1, 2019 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 6:20 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Commissioner Witte confirmed that the purpose of the ghost plat is to show that it will be possible for Street A to connect through the adjacent property to the west when it develops. Motion was made by Majorowicz, seconded by Reuvers to recommend to City Council approval of the Bennett Bluffs preliminary plat of 24 single family residential lots, located west of Cedar Avenue (CSAH 23) and south of 202nd Street (CSAH 50), subject to the following eight stipulations listed in the November 1, 2019 planning report: 1. Implementation of the recommendations listed in the October 30, 2019 engineering report. 2. Outlots A and B shall be deeded to the City with the final plat. 3. Temporary turn-around easements shall be dedicated over Lot 10, Block 1 and Lot 4, Block 3 of the preliminary plat. The temporary turnaround will expire at the time Street A is extended to the west. 4. The developer shall install a “Future Street Extension” sign at the west terminus of Street A. Planning Commission Meeting Minutes, November 7, 2018 Page 5 5. The developer shall construct sidewalks on one side of Street A as shown on the preliminary plat plans. 6. The overhead electric distribution lines along the south side of 202nd Street shall be placed under ground and the supporting poles shall be removed. 7. Sod shall be installed to the edge of the 202nd Street (CSAH 50) trail adjacent to Lot 1, Block 1 and Lot 1, Block 2. 8. Landscaping shall be installed consistent with the approved landscape plan. A security shall be provided with the final plat to guarantee installation of the approved landscaping. Ayes: Majorowicz, Lillehei, Kaluza, Reuvers, Witte, Drotning, Swenson Nays: 0 7. City of Lakeville Chair Kaluza opened the public hearing to consider amendments to Title 11 of the Lakeville City Code (the Zoning Ordinance) concerning outdoor storage, signs, and prohibited animals. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that the proposed Zoning Ordinance amendment would prohibit the storage of recreational vehicles and equipment, including trailers, within a shoreland impact zone or a bluff impact zone. The amendment also adds a definition of watercraft and allows the storage of watercraft within a shoreland impact zone or bluff impact zone. Mr. Morey stated that Park Nicollet representatives have requested that the medical office building under construction in the northwest quadrant of the CSAH 50/60 roundabout be allowed to have two, 64-square foot wall signs. Their property is zoned O-R Office/Residential Transition District, which would allow two, 50-square foot wall signs. In reviewing the Sign Ordinance, Planning Department staff and the City’s planning consultant agree that there are similarities between the O-R District and C-1 District with regards to signage and impacts on adjacent properties. City staff and the planning consultant are recommending that the O-R District signage be included with the C-1 District signage requirements and the separate O-R District signage section be eliminated. The C-1 District would allow the Park Nicollet office building to have two, 64-square foot wall signs as requested. Mr. Morey indicated that during a recent court action involving Mikayla Raines, the judge in the case thought the wording regarding prohibited animals in the Zoning Ordinance was ambiguous. The City Attorney’s office has recommended the proposed changes to this section of the Zoning Ordinance to remove any perceived ambiguity. Mr. Morey stated that staff recommends approval of an amendment to the Zoning Ordinance concerning outdoor storage, signs, and prohibited animals. Chair Kaluza opened the hearing to the public for comment. Planning Commission Meeting Minutes, November 7, 2018 Page 6 Georgetta Olson, 10669 – 202nd Street W. Ms. Olson and her family live along Juno Trail on Lake Marion. They have a graphite trailer that can be used as a fish house where they store their kayaks and other water toys that they use on Lake Marion. Ms. Olson indicated that she is a 30% disabled veteran and it is difficult for her to carry kayaks, paddle boards, etc. down the hill from their house to the lakeshore. She is asking for a waiver or exception to keep their fish house/trailer parked down by the water. Ms. Olson also commented that she feels it is extremely limiting to be able to have only two recreational vehicles parked outside. They have snowmobiles, ATVs, etc. that they use in the winter. She would like this ordinance re-evaluated. Motion was made by Swenson, seconded by Reuvers to close the public hearing at 6:32 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Discussion points included: • There was much discussion regarding where watercraft and trailers can be stored, that the Olson’s trailer can also be used as a fish house, accessory building setback requirements in the shoreland overlay district, and whether motorized vehicles are allowed on the public trail. • Accessory buildings and fish houses are subject to meeting building setback requirements, which is 75 feet from the Lake Marion OHWL. The Olson’s fish house/trailer does not meet this setback requirement. • Trailers and recreational vehicles must be parked on a paved surface if they are stored in the front or side yard. • Mr. Morey pointed out that the proposed Zoning Ordinance amendment concerning outdoor storage would apply to all properties within the city, not just lakeshore properties. Fish houses and accessory buildings are not currently allowed in the location where the Olson fish house/trailer is parked. • The consensus among the Planning Commission members was that the fish house/trailer is being used as a shed to store items, which is not allowed in the current location. • Commissioner Lillehei understood Ms. Olson’s predicament with storage of the water toys and felt the City should let our residents enjoy the lakes along with all the toys that go along with living on a lake, but he did not have a solution for her particular situation. • Commission Swenson commented that the lakes in our city are in a much more urban setting than lakeshore properties in outstate Minnesota. He felt that restricting the location of fish houses, trailers and accessory buildings for lakeshore properties in Lakeville was appropriate. Planning Commission Meeting Minutes, November 7, 2018 Page 7 • Chair Kaluza reminded the public that the Planning Commission holds the public hearing and makes a recommendation to the City Council. The City Council will make the final decision on the Zoning Ordinance amendment. Motion was made by Reuvers, seconded by Drotning to recommend to City Council approval of an amendment to Title 11 of the Lakeville City Code (the Zoning Ordinance) concerning outdoor storage, signs, and prohibited animals, as presented. Ayes: Lillehei, Kaluza, Reuvers, Witte, Drotning, Swenson, Majorowicz Nays: 0 8. Staff Notices For the November 21st Planning Commission meeting, the Chair and Vice Chair will be absent. The Planning Commission will need to take a vote and designate an alternate Chair for the November 21st meeting only. Motion was made by Drotning, seconded by Swenson to designate Commissioner Brooks Lillehei as the alternate Chair for the November 21, 2019 Planning Commission meeting. Ayes: Kaluza, Reuvers, Witte, Drotning, Swenson, Majorowicz, Lillehei Nays: 0 There being no further business, the meeting was adjourned at 7:01 pm. Respectfully submitted, Penny Brevig, Recording Secretary