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HomeMy WebLinkAbout05-20 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES May 20, 2021 Chair Witte 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 Jeff Witte, Karl Drotning, Jason Swenson, Brooks Lillehei, Pat Kaluza, Christine Zimmer, Patty Zuzek, Ex-officio member Thor Howe Members Absent: Vice Chair Jenna Majorowicz Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Daniel Licht, The Planning Company (TPC); Alex Jordan, Assistant City Engineer (via Zoom); Christina Orlowsky, Project Engineer (via Zoom); Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The May 6, 2021 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that the following items were distributed to the Planning Commission at tonight’s meeting:  May 19, 2021 Parks, Recreation and Natural Resources Committee meeting motions regarding the Launch Park Third Addition preliminary and final plat and Authentix Lakeville preliminary plat. th  For Agenda Item #6, the February 4 Planning Commission work session minutes regarding the Authentix Comprehensive Plan amendment discussion, and a list of the multiple family projects approved since 2016 and the number of single and townhome building permits approved since 2016.  For Agenda Item #7, a letter regarding Mr. Rypkema’s request to change the zoning of his property to C-3 rather than the proposed RM-2 zoning so they can develop an assisted living or memory care facility on their property in the future. Planning Commission Meeting Minutes, May 20, 2021 Page 2 5. Launch Park Third Addition Chair Witte opened the public hearing to consider the application of Airlake Development, nd Inc. for the following, located east of Cedar Avenue (CSAH 23) and north of 222 Street: A. Preliminary and final plat of two industrial lots and three outlots to be known as Launch Park Third Addition; and B. Vacation of drainage and utility easements. Dan Regan with Airlake Development and Brian Wurdeman with Kimley-Horn were in attendance at tonight’s meeting. Mr. Regan presented a brief overview of the project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey reviewed the preliminary and final plat. Mr. Dempsey stated that Launch Park Third addition abuts Cedar Avenue (CSAH 23) and ndth 222 Street. 220 Street will be extended across Cedar Avenue and will provide access for Lot nd 2, Block 1 and Lot 1, Block 2. A second street (Garvey Lane) will be extended north from 222 th Street to 220 Street providing access to Lot 1, Block 1, Lot 1, Block 2, and Outlot B. Mr. Dempsey stated that easements dedicated with the final plat of Launch Park Second Addition will be vacated and replaced with the required drainage and utility easements with the Launch Park Third Addition final plat. Mr. Dempsey explained that Old Dominium Freight Line, Inc. will develop Lot 1, Block 2 separately from Airlake Development, the developer of the Launch Park Third addition plat. The plans propose a 43,300 square foot office and trans-load facility with plans to accommodate a future expansion of the building. The City will enter into a separate Site Improvement Performance Agreement and Stormwater Maintenance Agreement with Old Dominium. Mr. Dempsey reviewed the site plan for Old Dominium Freight Line, Inc. Planning Department staff recommends approval of the Launch Park Third Addition preliminary and final plat and easement vacation subject to the 11 stipulations listed in the May 13, 2021 planning report. Chair Witte 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 6:17 p.m. Voice vote was taken on the motion. Ayes - unanimous Planning Commission Meeting Minutes, May 20, 2021 Page 3 Chair Witte asked for comments from the Planning Commission. Discussion points included:  The Planning Commission was glad to see the developer expanding the city’s industrial park in this area.  Confirmed that the dock doors on the Old Dominion Freight Line building will be numbered to make identification easier for the Old Dominium Freight Line trucks, and for fire and police. The developer indicated that in the future they may be expanding from 84 dock doors to 100 dock doors. Motion was made by Kaluza, seconded by Lillehei to recommend to City Council approval of the Launch Park Third Addition preliminary and final plat of two industrial lots and three outlots and drainage and utility easement vacation, subject to the following stipulations: 1. Implementation of the recommendations listed in the May 11, 2021 engineering report. 2. The site and building for Lot 1, Block 2 shall be developed in compliance with the plans approved by the City Council and Zoning Ordinance requirements. 3. Old Dominium Freight Line, Inc. shall submit a security to guarantee installation of the approved landscaping for Lot 1, Block 2 and for the stormwater and infiltration basins and drainage ways at the time of final plat approval. The security amount will be determined prior to City council consideration of the final plat. 4. All landscaped areas adjacent to the building and the employee and visitor parking lot shall be irrigated. Trees and shrubs shall not be planted in street right-of-way. The landscape plan shall be amended to identify minimum eight foot tall conifer trees and the minimum required height for shrubs, not container size. 5. All signs shall comply with the Zoning Ordinance requirements for the I-2 District. A sign permit shall be issued by the Planning Department prior to the installation of any signs. 6. Snow storage shall not take place in required parking spaces. 7. Site lighting shall not exceed one foot candle at the property line adjacent to public right- of-way. All exterior light fixtures shall be down-cast design so as not to glare onto public right-of-way. 8. The motor fuel dispensing facility shall require approval of an administrative permit and approval by the Fire Marshal in accordance with Zoning Ordinance requirements. 9. All trash and recycling containers shall be stored inside the building or within a six-foot tall enclosure constructed of similar materials as the building, including a durable, maintenance free gate. 10. Old Dominium Freight Line, Inc. shall sign a site improvement performance agreement for work related to public improvements and landscaping and a private maintenance agreement for the stormwater basins prior to City Council consideration of the Launch Park Third Addition final plat. Planning Commission Meeting Minutes, May 20, 2021 Page 4 11. Prior to commencing building construction, the developer shall contact the Federal Aviation Administration (FAA) to determine if a permit is required for any crane or similar construction equipment on the property. Ayes: Swenson, Zuzek, Lillehei, Witte, Kaluza, Zimmer, Drotning Nays: 0 6. Authentix Lakeville Chair Witte opened the public hearing to consider the application of Continental 564 Fund, th LLC for the following, located north of 210 Street (CSAH 70) and west of Keokuk Avenue: A. Comprehensive Plan amendment to re-guide property from Commercial to Corridor Mixed Use; B. Zoning Map amendment to rezone property from C-3, General Commercial District to M-1, Mixed Use I-35 Corridor District; C. Ordinance amending the following sections of Title 11 (the Zoning Ordinance) of the Lakeville City Code: 1) Section 11-17-13 to allow a reduction in minimum floor area for multiple family dwellings meeting Metropolitan Council affordable housing criteria as a conditional use; and 2) Section 11-65-7 to allow townhome dwellings in the M-1 District as a conditional use; D. Preliminary plat of one lot to be known as Authentix Lakeville for the construction of 288 multiple family dwelling units; and E. Conditional use permit to allow: 1) Multiple principal buildings in the M-1 District; 2) townhome dwellings in the M-1 District; and 3) a reduction in minimum floor area for multiple family dwellings meeting Metropolitan Council affordable housing criteria. Eric Thom, Senior Development Director from Continental Properties presented a brief overview of their project. Brady Busselman, PE from Sambatek was introduced by Mr. Thom. Mr. Thom explained who Continental Properties is and reviewed what the public is looking for in today’s market. Authentix will have studio size to three-bedroom dwelling units. He stated they have a top tier management team. They will do background checks on all prospective tenants to be sure they qualify for the rent. He reviewed a few changes from the original concept plan involving streets, sidewalks and the size of the one-bedroom units. Mr. Thom feels that this is a great location for Authentix to have privately owned attainable housing in the area. Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that the proposed development will include 288 stacked-flat townhouse dwelling units within 12 buildings, a clubhouse/management building, and a maintenance building. The Planning Commission and City Council previously reviewed the proposed development as a sketch plan application to provide comment on the proposed land use. The proposed development first requires consideration of applications for a Comprehensive Plan amendment to guide the property for Corridor Mixed Use and a Zoning Map amendment Planning Commission Meeting Minutes, May 20, 2021 Page 5 to rezone the property to M-1, Mixed Use I-35 Corridor District. The Planning Commission and the City Council supported the proposed amendment to the M-1 District when discussed as part of the previous sketch plan review and also as part of the 2021 Zoning Ordinance update. Mr. Licht stated that the developer is also requesting approval of a preliminary plat and a conditional use permit for M-1 District townhouses, reduction in required floor area for some of the one bedroom units, and multiple principal buildings on a lot. Mr. Licht reviewed the developer’s requests which is explained in detail in the May 13, 2021 planning report. He indicated that the Authentix Lakeville development will help the City’s affordable/attainable housing goal. Exceptions to certain performance standards are allowed by the Zoning Ordinance for attainable dwelling units meeting Metropolitan Council affordable housing criteria. The Zoning Ordinance exceptions include exterior finish materials, minimum unit floor area by CUP, the garage requirement, and landscaping. thth Mr. Licht reviewed the proposed 210 Street (CSAH 70), Keokuk Avenue, and 207 Street access points along with off-street parking and sidewalks. Planning Department staff recommends approval of the Authentix Lakeville planning applications subject to the 15 stipulations listed in the May 13, 2021 planning report. Chair Witte opened the hearing to the public for comment. th Robert Powell, 11774 205 Street Mr. Powell owns the property just to the west of the Authentix development. His concerns were regarding landscaping between his property and the Authentix property. He would also like survey markers installed at the property corners. Motion was made by Lillehei, seconded by Swenson to close the public hearing at 6:52 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Witte asked for comments from the Planning Commission. Discussion points included:  Brady Busselman described the retaining wall that will be constructed along the west property line of the Authentix Lakeville site. He stated the Authentix site is up to 10 feet lower at the west property line than the Powell property. The Planning Commission confirmed that the Powell’s are fine with the retaining wall proposed to be built between Planning Commission Meeting Minutes, May 20, 2021 Page 6 their property and Authentix. It was noted that property pins are required to be installed as part of the final plat approval.  The large wetland in the southwest corner of the Authentix property makes development of the property challenging.  The distance of the clubhouse from most of the dwelling units was discussed.  The Authentix development will help Lakeville meet affordable/attainable housing goals.  Authentix will be close to shopping, the freeway, and job opportunities.  Commissioner Kaluza thanked City Staff and Mr. Licht for all the work that went into this development. He felt that because the City just approved the 2040 Comprehensive Plan and the subsequent Zoning Ordinance and Zoning Map updates several months ago, he is uncomfortable with amending the Comprehensive Plan and Zoning Map so soon. He th apologized for missing the February 4 work session where the Authentix sketch plan and proposed land use change was first discussed.  Commissioner Zimmer questioned how much the City is compromising in order to reach the affordable/attainable housing numbers. She is uncomfortable with reducing the size of the one-bedroom units.  Mr. Thom indicated that they are 1-2 months ahead of schedule on their projection for occupied units at the Springs of Lakeville project. They are not seeing a drop off in occupancy rates even during COVID.  Sidewalk connections were discussed. Mr. Thom agreed to build the sidewalks as recommended in the planning report so their residents would not necessarily have to walk th along 210 Street (CSAH 70) to get to the businesses located along Keokuk Avenue. th  Clarified whether the proposed connection to 210 Street was public or private. Mr. Morey clarified that the connection will be a public street stub and City staff is recommending that the developer maintain the street stub until/if the development of the Rypkema property connects to it.  Mr. Thom stated the requested reduction in size of the one-bedroom units from the 700 sq. ft. minimum to 650 sq. ft. will only be needed for half (56 of the 112) of the one-bedroom units.  The development of this property for commercial uses is very difficult because of the large wetland area that bisects the property.  Confirmed that the developer will be doing criminal background checks on prospective tenants.  Recommended that Continental Properties provide storm shelters for Authentix similar to what they provided at Springs of Lakeville. th  Discussed the future extension of 207 Street to the west property line and the northerly extension of Keswick Loop.  Commission members discussed the importance of the proposed Comprehensive Plan amendment to provide a variety of housing types and affordable/attainable housing constructed in an appropriate location, which the Authentix Lakeville project has, given its proximity to the city’s industrial park. Planning Commission Meeting Minutes, May 20, 2021 Page 7  Mr. Licht clarified that the management company for Authentix Lakeville will need to report to the City what they are charging for rent for at least ten years to prove they are still meeting the Metropolitan Council’s affordable/attainable housing goals. th  The Planning Commission agreed to not require the construction of 207 Street to the west plat boundary subject to the developer submitting an escrow or security for the future construction because it makes sense not to construct the street until it will be used. Motion was made by Swenson, seconded by Drotning to recommend to City Council th approval of the following, located north of 210 Street (CSAH 70) and west of Keokuk Avenue: A. Comprehensive Plan amendment to re-guide property from Commercial to Corridor Mixed Use; B. Zoning Map amendment to rezone property from C-3, General Commercial District to M-1, Mixed Use I-35 Corridor District; C. Ordinance amending the following sections of Title 11 (the Zoning Ordinance) of the Lakeville City Code: 1) Section 11-17-13 to allow a reduction in minimum floor area for multiple family dwellings meeting Metropolitan Council affordable housing criteria as a conditional use; and 2) Section 11-65-7 to allow townhome dwellings in the M-1 District as a conditional use; D. Preliminary plat of one lot to be known as Authentix Lakeville for the construction of 288 multiple family dwelling units; E. Conditional use permit to allow: 1) Multiple principal buildings in the M-1 District; 2) Townhome dwellings in the M-1 District; and 3) A reduction in minimum floor area for multiple family dwellings meeting Metropolitan Council affordable housing criteria, subject to the following stipulations: 1. The site and buildings shall be developed in accordance with the plans approved by the City Council subject to stipulations of approval as outlined herein. 2. The developer shall comply with the rental housing affordability criteria established by Metropolitan Council for a minimum period of 10 years from the date a Certificate of Occupancy is issued for each building. 3. Specifications for the fence surrounding the pool shall comply with Section 11-21-5.G of the Zoning Ordinance. th 4. The intersection design for 210 Street (CSAH 70) and Keswick Loop shall be subject to approval of Dakota County. 5. The specifications and construction plans for Keswick Loop, the Keokuk Avenue th intersection improvements, and extension of 207 Street shall be subject to review and approval of the City Engineer. 6. The developer shall provide an ingress/egress easement over Lot 1, Block 2, Lakeville Commerce Center to allow for: a. Construction of a shared private drive aisle to Keokuk Avenue and a five foot wide concrete sidewalk on the south side of the private drive. b. Construction of a median on Keokuk Avenue limiting this access to right-in/right- out only, subject to review and approval of the City Engineer. Planning Commission Meeting Minutes, May 20, 2021 Page 8 c. Construction and maintenance of the private drive aisle abutting the property line east of Building 1. 7. The construction specifications of the parking areas and drive aisles shall be subject to review and approval of the City Engineer. 8. The landscape plan shall be subject to review and approval of the City Forester. 9. The photometric lighting plan shall be revised such that the illumination pattern of all proposed exterior lighting complies with the intensity limits measured at property lines established by Section 11-16-17.A.2 of the Zoning Ordinance, subject to review and approval of the Zoning Administrator. 10. All utility issues shall be subject to review and approval of the City Engineer. 11. All wetland, grading, and stormwater drainage issues shall be subject to review and approval of the City Engineer. 12. Outlots A, B, and C encompassing wetlands and wetland buffers shall be deeded to the City. 13. All easements shall be subject to review and approval of the City Engineer. 14. Park dedication requirements shall be satisfied by payment of a cash fee in lieu of land at the time of final plat approval as provided for by Section 10-4-8.J of the Subdivision Ordinance. 15. The developer shall execute a development agreement as drafted by the City Attorney prior to City Council consideration of the final plat. Ayes: Zuzek, Lillehei, Witte, Drotning, Swenson Nays: Kaluza, Zimmer. Commissioner Kaluza and Zimmer were not comfortable amending the Comprehensive Plan so soon after its approval. 7. City of Lakeville th Chair Witte opened the public hearing to consider the following, located north of 210 Street (CSAH 70) and west of Keokuk Avenue: A. Comprehensive Plan amendment to re-guide property from High Density Residential and Medium/High Density Residential to Medium/High Density Residential and Low/Medium Density Residential; and B. Zoning Map amendment to rezone property from RH-2, Multiple Family Residential District and RM-2, Medium Density Residential District to RM-2, Medium Density Residential District and RST- 2, Single and Two Family Residential District. Planning Consultant Daniel Licht presented the planning report. He stated that the proposed Comprehensive Plan and Zoning Map amendments were recommended by the Economic Development Commission during their review of the Authentix concept plan and proposed Comprehensive Plan and Zoning Map amendments. The Economic Development Commission suggested the Authentix Comprehensive Plan and Zoning Map amendments be contingent upon corresponding Comprehensive Plan and Zoning Map amendments to lower Planning Commission Meeting Minutes, May 20, 2021 Page 9 the planned density west of future Keswick Loop, which the Planning Commission and City Council concurred with. Mr. Licht indicated that the effect of the proposed amendments to the 2040 Land Use Plan Map will reduce the intensity of the land uses developed on the subject properties. The reduction in the number of potential dwelling units will have a corresponding effect of decreasing traffic generation, water use, and wastewater flows resulting from the development of the subject properties. Mr. Licht stated that the City received a letter on behalf of the Rypkema property ownership requesting that the current 2040 Land Use Plan designation for High Density Residential land use be retained or, as an alternative, the property be guided for commercial use because the property owner would like to develop an assisted living or memory care facility on the property. Mr. Licht indicated that because the Rypkema property will abut the proposed th Authentix Lakeville Corridor Mixed Use development to the east and have full access to 210 Street (CSAH 70) at its southwest corner, it may be a more viable commercial property than Authentix. Mr. Licht said the Planning Commission may consider recommending the property be guided Corridor Mixed Use instead of the proposed Medium/High Density Residential land use as outlined by City staff. The CMU land use designation would guide the property primarily for commercial uses but leave open the option for multiple family dwellings, including senior housing. The proposed amendments of the 2040 Land Use Plan and Zoning Map for the properties at th the northwest quadrant of 210 Street (CSAH 70) and Keswick Loop are consistent with the goals and policies of the 2040 Comprehensive Plan. City staff recommends approval of the amendments as presented. Chair Witte opened the hearing to the public for comment. th Christopher Powell, 11770 – 205 Street Mr. Powell is in favor of the land use and zoning change for his property. Currently, Mr. Powell cannot add on to his home because it is non-conforming, but with the RST zoning, he would be able to get a permit and add a bedroom to the home. th Steve Pierce, Bridge Realty, representing the Rypkema property located at 11813 – 210 Street. Mr. Pierce confirmed that Mr. Rypkema would like to develop an assisted living or memory care facility on his property. He proceeded to review their letter that was distributed to the Planning Commission stating their zoning concerns. Motion was made by Lillehei, seconded by Drotning to close the public hearing at 7:58 p.m. Voice vote was taken on the motion. Ayes - unanimous Planning Commission Meeting Minutes, May 20, 2021 Page 10 Chair Witte asked for comments from the Planning Commission. Discussion points included:  Planning Commission expressed concern that it would be difficult to propose new land use and zoning for a property when they don’t have any plans associated with the request.  Mr. Morey reiterated that staff followed the direction provided by the EDC, Planning Commission and City Council and that is why this agenda item was scheduled at the same meeting as the Authentix Lakeville project. He stated he learned this week that Robert and Colleen Powell also want to change the land use and zoning of the property their house is located on so they can add onto their home just like their son is proposing to do. Mr. Rypkema is fine with no change to the land use and zoning of his property. Because the property Robert and Colleen Powell’s house is located on was not included in tonight’s Comprehensive Plan and Zoning Map amendment request, Mr. Morey recommended the Planning Commission table this agenda item to a future date. Motion was made by Drotning, seconded by Swenson to recommend that Agenda Item 7 be tabled to a future date. Ayes: Lillehei, Witte, Kalua, Zimmer, Drotning, Swenson, Zuzek Nays: 0 8. City of Lakeville Chair Witte opened the public hearing to consider amendments to various chapters of Title 11 of the Lakeville City Code (Zoning Ordinance). Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that the Planning Department initiates an annual review of the Zoning Ordinance, Subdivision Ordinance, and/or City Code to address issues identified in the course of ongoing administration of the City’s development regulations and review of development applications. Based on direction from the Planning Commission and City Council at previous meetings, Mr. Licht summarized recommended amendments to the Zoning Ordinance and City Code, that are described in detail in the May 13, 2021 planning report. Mr. Licht stated that City staff recommends approval of the amendments to the Zoning Ordinance and City Code, as presented. Chair Witte opened the hearing to the public for comment. th Richard Bohnen, owner of the former Hi-Hi Market at 8333 – 210 Street Planning Commission Meeting Minutes, May 20, 2021 Page 11 Mr. Bohnen hopes that the Planning Commission approves the LED bands on principal buildings and canopies for motor vehicle fuel facilities. Aaron Steele, from Goats on the Go (via Zoom) Mr. Steele offered his support for the Zoning Ordinance amendment pertaining to goats. He indicated that the amendments would make this service much more opportunistic and allow the goats to take care of the invasive species much quicker. He recommends even going further but appreciated the innovative thinking of staff on this. Bridget Leenstra, 18809 Kabot Cove Lane. Ms. Leenstra indicated that she is the reason this change regarding goats is included with the Zoning Ordinance amendment tonight. She expressed her appreciation to City staff, in particular Daryl Morey, for their help with getting this item on tonight’s agenda. Motion was made by Kaluza, seconded by Lillehei to close the public hearing at 8:32 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Witte asked for comments from the Planning Commission. After some discussion amongst the Planning Commission as to how the Zoning Ordinance should read regarding the banded lighting on motor fuel facility canopies, the Planning Commission decided to remove Sections 22 through 25 regarding the motor fuel facilities and the proposed banded lighting on the canopies and vote on that separately. Motion was made by Drotning, seconded by Kaluza to recommend to City Council approval of the Zoning Ordinance amendment, excluding Sections 22-25. Ayes: Witte, Kaluza, Zimmer, Drotning, Swenson, Zuzek, Lillehei Nays: 0 After further discussion, Mr. Morey recommended the following, amending Section 22 and 24 and not allow banded lighting on any side of a canopy that is facing residential property. Section 22 and Section 24 will read as follows: Section 22. Section 11-37-3.E.6 of the Zoning Ordinance (Motor Fuel Facilities – Motor Fuel Sales, Not Including Truck Stops or Automobile Repair) is hereby amended to read as follows: 6. Ten percent (10%) of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. The canopy may have contrasting color bands or accent lines not to exceed an accumulative width of four inches (4"). The color bands shall not may be illuminated on any side not Planning Commission Meeting Minutes, May 20, 2021 Page 12 facing a residential district provided that the light source is shielded and complies with the provisions of Section 11-23-15.F of this title. Section 24. Section 11-37-7.B.6.f of the Zoning Ordinance (Motor Fuel Facilities –Truck Stops or Automobile Repair) is hereby amended to read as follows: f. Ten percent (10%) of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. The canopy may have contrasting color bands or accent lines not to exceed an accumulative width of four inches (4"). The color bands shall not may be illuminated on any side not facing a residential district provided that the light source is shielded and complies with the provisions of Section 11-23-15.F of this title. Motion was made by Drotning, seconded by Zimmer to recommend to City Council approval of Sections 22 through 25 of the Zoning Ordinance amendment, as amended. Ayes: Kaluza, Zimmer, Drotning, Swenson, Zuzek, Lillehei, Witte Nays: 0 There being no further business, the meeting was adjourned at 8:52 p.m. Respectfully submitted, Penny Brevig, Recording Secretary