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Home My WebLink About12-05-19 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES December 5, 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, Karl Drotning, Jenna Majorowicz, Jeff Witte Members Absent: Jason Swenson, Brooks Lillehei, 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 November 21, 2019 Planning Commission meeting minutes and work session minutes were approved as presented. 4. Announcements Mr. Morey stated that an additional stipulation is being recommended by staff for The Moments agenda item in response to the MnDOT letter that was received today, which was distributed at tonight’s meeting. 5. The Moments 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 at 16258 Kenyon Avenue: A. Amendment to Conditional Use Permit #15-18 to allow a modified site plan with a detached accessory building and an impervious surface area greater than 25% in the Shoreland Overlay District; B. Vacation of a public drainage and utility easement. Patrick Sarver from Civil Site Group was in attendance at tonight’s meeting along with Jeff Schuler, architect with WH Design Group. Mr. Sarver presented a brief overview of the request. He indicated that they wanted to provide some outdoor recreation space for their tenants and also house some high-quality HVAC equipment in the proposed building. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Ms. Wright has submitted applications for a CUP amendment and the vacation of a drainage and utility easement to allow an expansion of the site and construction of a detached accessory building. Planning Commission Meeting Minutes, December 5, 2019 Page 2 Mr. Dempsey reviewed the history of the subject site since the approval of The Moments preliminary and final plat in 2015. The accessory building will include an outdoor kitchen and dining area, restrooms, and a mechanical room with a small storage area. The proposed accessory building complies with the setback requirements of the Zoning Ordinance. Mr. Dempsey stated that the proposed combined impervious surface area for the two lots is less than the maximum allowed 70% in the Shoreland Overlay District with a conditional use permit. Mr. Dempsey reviewed the Assistant City Engineer’s comments regarding the grading of the site and the requirement of removal, relocation and construction of the existing privately owned and maintained retaining wall. The proposal includes the vacation of a portion of the drainage and utility easement on the south side of Lot 2 adjacent to the City owned Outlot A to accommodate part of the proposed retaining wall. None of the utility companies expressed opposition to the request to vacate the easement. Mr. Dempsey stated that after receiving the letter from MnDOT regarding this proposal, staff is suggesting the following additional stipulation: 7. The Minnesota Department of Transportation shall review and approve the grading plan and retaining wall design prior to issuance of a grading permit or building permit. Mr. Dempsey stated that Planning Department staff recommends approval of the conditional use permit amendment and easement vacation, subject to the stipulations listed in the November 26, 2019 planning report and stipulation 7, and adoption of the Findings of Fact dated December 5, 2019. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Einck, seconded by Witte to close the public hearing at 6:09 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Discussion points included:  Why the impervious surface area allowance in the shoreland overlay district is different for residential and commercial/industrial properties.  Why a new HVAC system is needed for a building that is only two years old. Mr. Schuler indicted that currently each unit has its own individual heating Planning Commission Meeting Minutes, December 5, 2019 Page 3 system, which has a short life span so they are installing a centralized system which will be more energy efficient and longer lasting.  Where the soil is coming from and how the soil will be moved around on the site. Mr. Sarver responded that with the construction of their building addition on Lot 1, approved with CUP 19-11, they will have an opportunity to manage the dirt on site and be able to move dirt from the building addition site on Lot 1 to the retaining wall area on Lot 2. They will apply for a permit with the City to utilize the Kenyon Avenue right-of-way for the on-site transfer of fill material.  Confirmed with the applicant that they agree with the addition of Stipulation 7. Motion was made by Drotning, seconded by Einck to recommend to City Council approval of: A. Amendment to Conditional Use Permit #15-18 to allow a modified site plan with a detached accessory building and an impervious surface area greater than 25% in the Shoreland Overlay District; B. Vacation of a public drainage and utility easement, and adoption of the Findings of Fact dated December 5, 2019, subject to the following seven stipulations listed in the November 26, 2019 planning report, as amended: 1. A Site Improvement Performance Agreement shall be signed by the applicant which shall include a $50,000 security with the conditional use permit for grading, erosion control, landscaping, and restoration of the site improvements. 2. The site and accessory building shall be developed in accordance with the plans approved by the City Council. 3. The landscape plan shall be revised to include a more tolerant species to that environment. The minimum size evergreen tree is eight feet tall. 4. Any new lighting shall be downcast and not glare onto public right-of-way. 5. A fence permit shall be applied for and approved by the Planning Department prior to installation of a fence. 6. All stipulations of CUP 15-18, CUP 19-11 and CUP 19-14 shall remain in full force and effect. 7. The Minnesota Department of Transportation shall review and approve the grading plan and retaining wall design prior to issuance of a grading permit or building permit. Ayes: Majorowicz, Einck, Kaluza, Witte, Drotning Nays: 0 There being no further business, the meeting was adjourned at 6:21 pm. Respectfully submitted, Penny Brevig, Recording Secretary