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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