HomeMy WebLinkAboutItem 03 06-03 draft minutes
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
June 3, 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, Vice Chair Jenna Majorowicz, Karl Drotning, Jason Swenson,
Brooks Lillehei, Pat Kaluza, Christine Zimmer, Ex-officio member Thor Howe
Members Absent: None
Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Kris Jenson,
Associate Planner; Logan Vlasaty, Project Engineer (via Zoom); Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The May 20, 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:
• June 2, 2021 Parks, Recreation and Natural Resources Committee meeting minutes
regarding the Crystal Park preliminary plat
• Regarding Agenda Item 8, Crystal Park, an e-mail from a resident and amended
wording for Stipulation #6 of the planning report, which Ms. Jenson will discuss during
her presentation
Mr. Morey stated that the applicant for Agenda Item 5 has withdrawn his CUP application
following his submittal of a plan for a smaller accessory building, which no longer requires a
CUP. No further action is required by the Planning Commission.
Mr. Morey stated that the July Planning Commission meetings may be switched to July 8th and
22nd (rather than July 1st and 15th). The Recording Secretary will send out an e-mail polling the
Commissioners to see if these amended dates would work for them.
5. Alan Knaeble (Application has been withdrawn)
Planning Commission Meeting Minutes, June 3, 2021 Page 2
6. Matthew Null
Chair Witte opened the public hearing to consider the application of Matthew Null for a
variance to allow an addition to a single family home to be setback less than 75 feet from the
Ordinary High Water Level of Lake Marion, located at 10005 – 205th Street.
Matthew and Jamie Null were in attendance at tonight’s meeting. Mr. Null presented a brief
overview of their project. He stated they are proposing a small upgrade to their master
bedroom on the street side and repositioning a new front entrance on the street side of the
house, which will include a small awning over the front door.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that
Mr. Null has applied for a variance to allow for the expansion of his family’s single family home.
The variance is required to allow the addition to be setback less than 75 feet from the Ordinary
High Water Level (OHWL) of Lake Marion.
Mr. Dempsey outlined the existing non-conforming conditions on the subject property and
outlined the staff recommendations to address them.
Mr. Dempsey reviewed the criteria of the Zoning Ordinance that needs to be met in order to
approve the variance, which are listed in the May 27, 2021 planning report.
Planning Department staff recommends approval of the Null variance subject to the five
stipulations listed in the May 27, 2021 planning report, and approval of the Findings of Fact
dated June 3, 2021.
Chair Witte opened the hearing to the public for comment.
Richard Schumacher, 10025 – 205th Street
Mr. Schumacher lives next door to the Null’s and indicated that he likes the addition and does
not see an issue with it.
Motion was made by Lillehei, seconded by Swenson to close the public hearing at 6:10 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Witte asked for comments from the Planning Commission. Discussion points
included:
• Commissioner Zimmer asked Mr. Dempsey to walk through the non-conforming
conditions and review the stipulations that must be followed to correct these conditions.
Planning Commission Meeting Minutes, June 3, 2021 Page 3
• Mr. Null stated that this is the first time he is hearing that the driveway/boat launch must
be removed. {Mr. Dempsey’s planning report listing the staff recommended stipulations was
provided to Mr. Null prior to the Planning Commission meeting }
• The Planning Commission had a lengthy discussion regarding the bituminous area on the
property and why Mr. Null did not want to remove the bituminous surface area of the boat
launch.
• Mr. Null stated that he constructed the current shed after he moved in (without a permit
from the City). He will relocate it to a minimum side yard setback of five feet following
City approval of a zoning permit application.
• Mr. Morey stated that, consistent with past Shoreland Overlay District CUP and variance
applications, impervious surface area non-conformities be addressed by requiring the
applicant to reduce the impervious surface area to no more than 25% as required by the
Zoning Ordinance. He indicated that the survey lists an existing impervious surface area
of 26.2%. The proposed impervious surface area will be 25.7%, which is still over the
maximum of 25%. Mr. Morey suggested amending stipulation #1 so that Mr. Null can
decide what impervious surface area he removes to comply with the 25% maximum
allowed by the Zoning Ordinance .
• Commissioner Lillehei suggested tabling this agenda item until the bituminous surface area
issue is figured out. Mr. Null then agreed to reduce the bituminous surface area to not
more than 25%.
• Mr. Dempsey stated that Stipulation #1 can be amended to read:
The bituminous surface area shall be reduced to not more than 25%. The survey
shall be amended to identify the proposed landscaped groundcover in the area of
the removed bituminous area.
Motion was made by Majorowicz, seconded by Kaluza to recommend to City Council
approval of the Matthew Null variance to allow an addition to a single family home to be
setback less than 75 feet from the Ordinary High Water Level of Lake Marion, located at 10005
– 205th Street, subject to the following stipulations, and approval of the Findings of Fact dated
June 3, 2021:
1. The bituminous surface area shall be reduced to not more than 25%. The survey shall be
amended to identify the proposed landscaped groundcover in the area for the removed
bituminous area.
2. Any disturbed soils resulting from the house additions and bituminous surface removal
shall be restored and established with suitable landscape groundcover immediately after
work in that area is completed.
3. Parking of any vehicles or recreational equipment shall occur only on the paved surface of
the driveway.
Planning Commission Meeting Minutes, June 3, 2021 Page 4
4. The additions shall be constructed in compliance with the survey approved by the City
Council. The house siding and roofing materials shall match the exterior of the existing
house.
5. The shed shall be relocated to a minimum side yard setback of five feet following
administrative approval of a zoning permit application.
Ayes: Swenson, Kaluza, Lillehei, Witte, Majorowicz, Zimmer, Drotning
Nays: 0
7. The Moments of Lakeville
Chair Witte opened the public hearing to consider the application of The Moments of Lakeville
for an amendment to conditional use permits #19-11 and #21-05 to allow an adult day care use
at The Moments of Lakeville memory care facility in the C-3, General Commercial District,
located at 16258 Kenyon Avenue.
Commissioner Lillehei recused himself from this agenda item due to a potential conflict of
interest.
Elizabeth Wright and Jeff Schuler were in attendance at tonight’s meeting. Ms. Wright
presented a brief overview of their request. Ms. Wright thanked the Planning Commission for
considering another Moments CUP amendment application. She indicated that there is a great
need for adult daycare. Mr. Schuler indicated that their goal is to utilize space in the building
already being constructed. They will have space for 20 adult clients. Skylights will be added to
the lower level room so the clients won’t feel like they are in the lower level.
Associate Planner Frank Dempsey presented the planning report. He stated that the building
in which the daycare will be located is the larger recently completed building located at 16258
Kenyon Avenue. The daycare facility is proposed in the lower level and will include two
restrooms.
Mr. Dempsey stated that the adult daycare will be licensed to allow up to 20 guests per day
between the hours of 8:00 am and 6:00 pm. The daycare will be available to elderly clients that
do not reside at The Moments of Lakeville facility. The daycare service may not commence
until the parking lot expansion, which was approved by the City Council with a separate CUP
amendment application on May 3, 2021, is completed. Mr. Dempsey indicated that the license
required from the Minnesota Department of Human Resources to operate the adult daycare
facility must be obtained prior to occupancy of the daycare service.
Planning Department staff recommends approval of The Moments of Lakeville CUP
amendment, subject to the five stipulations listed in the May 27, 2021 planning report, and
approval of the Findings of Fact dated June 3, 2021.
Planning Commission Meeting Minutes, June 3, 2021 Page 5
Chair Witte opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Kaluza, seconded by Drotning to close the public hearing at 6:44 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Witte asked for comments from the Planning Commission. Discussion points
included:
• Commissioner Kaluza was pleased to see a local business expand in Lakeville. He
appreciates the service The Moments of Lakeville provides.
• Ms. Wright explained that they will look for clients that are still at home with caregivers
that need some time away from their loved one. The adult daycare room will be as beautiful
as the rest of the building and there will be elevators so the clients can go upstairs and join
in activities on the main level of the building. She stated the adult daycare room will have
access to the outside. It will be open 5 days a week to start with, but Ms. Wright is hoping
that they could be open on the weekends eventually.
• The Planning Commission agreed that the adult daycare was an appropriate use of the
space and felt that with the direct access to the outside and with the availability of an
elevator and access to the outdoor amenities on site, this will be a great benefit for the
community.
Motion was made by Swenson, seconded by Zimmer to recommend to City Council approval
of The Moments of Lakeville amendment to conditional use permits #19-11 and #21-05 to
allow an adult day care use at The Moments of Lakeville memory care facility in the C-3,
General Commercial District, located at 16258 Kenyon Avenue, subject to the following
stipulations listed in the May 27, 2021 planning report and approval of the Findings of Fact
dated June 3, 2021:
1. All permits and requirements of the Minnesota Department of Human Services shall be
met prior to occupancy of the adult daycare facility.
2. Licensed occupancy for the adult daycare facility shall not exceed 20 adults with daily
service hours between 8:00 am and 6:00 pm.
3. The adult daycare service may not commence until the parking lot expansion has been
completed.
4. A building permit is required prior to commencing any remodeling work associated with
the adult daycare use. A sewer access charge determination will be required from
Metropolitan Environmental Services prior to issuance of a building permit.
Ayes: Kaluza, Witte, Majorowicz, Zimmer, Drotning, Swenson
Planning Commission Meeting Minutes, June 3, 2021 Page 6
Nays: 0
Recuse: Lillehei
Ms. Wright thanked the Planning Commission and staff again.
8. Crystal Park
Chair Witte opened the public hearing to consider the application of DR Horton, Inc. for the
following, located north of 165th Street and west of Ipava Avenue: A. Preliminary plat of 52
townhome lots to be known as Crystal Park; and B. Vacation of public drainage and utility
easements.
Reid Schulz, Project Manager for DR Horton, Inc. presented a brief overview of their request.
Mr. Schulz thanked City staff for their efforts on this project. He indicated that DR Horton is
proposing 52 slab on grade townhome unit lots on land guided and zoned for medium density
residential development. They will have two and three bedroom units. They will construct a
public street that ends in a cul-de-sac along with three private access drives.
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that the
Crystal Park preliminary plat will include 52 attached townhome lots. DR Horton is also
requesting to vacate the drainage and utility easements within Outlot A, Hosanna 4th Addition
and replace them with a combination of permanent and temporary easements. The
development parcel will include permanent perimeter drainage and utility easements.
Ms. Jenson indicated that the currently undeveloped property that will be platted as Crystal
Park is zoned RM-1, Medium Density Residential District. Townhomes are a permitted use
within the RM-1 District.
Mr. Jenson reviewed the density and lot requirements, which are being met. A homeowners
association is required by the Zoning Ordinance. The exterior materials were discussed, along
with floor area and garage size , all of which meet Zoning Ordinance requirements.
The developer has provided information to confirm that the landscape plan meets the
requirements of the Zoning Ordinance. The buffer yard screening along 165th Street must
provide an effective minimal visual screen of 10 feet in height, which will be accomplished with
landscaping including minimum eight-foot-tall evergreen trees and overstory deciduous trees
planted on a two-foot-tall berm.
Ms. Jenson stated that City staff is recommending the following amendment to Stipulation #6:
6. Prior to City Council consideration of the preliminary plat, the landscape plan shall be
modified to add plantings on the west and south sides of the 14-space guest parking lot,
Planning Commission Meeting Minutes, June 3, 2021 Page 7
and the north side (east of the sidewalk) of the same guest parking lot, and at the west end
of the two private drives to block headlights from shining at the townhome units.
Streets, sidewalks, tree preservation and snow storage were also reviewed. A wetland
delineation must be completed and approved prior to City Council consideration of a final
plat. Staff is recommending a cash contribution to satisfy the park dedication requirements
for the Crystal Park plat. The Parks, Recreation and Natural Resources Committee reviewed
the preliminary plat at their June 2, 2021 meeting. Their draft minutes were distributed at
tonight’s Planning Commission meeting.
Ms. Jenson stated that City staff recommends approval of the Crystal Park preliminary plat and
drainage and utility easement vacation, subject to the eight stipulations listed in the May 27,
2021 planning report, as amended
Chair Witte opened the hearing to the public for comment.
Todd and Kim Raberge, 16224 Jatos Circle
The Raberge’s asked for clarification as to whether the trees/woods behind their townhome would
be staying.
Robert Erickson, 19081 Inndale Drive
Mr. Erickson stated he is a member of Hosanna! Church. He stated that an affordable townhome
project was previously proposed for this site that did not proceed due to a lack of available Dakota
County CDA funding. He stated it was inappropriate for the Mayor to encourage church
members to vote for this project at a virtual congregation meeting on the possible sale of the
property to DR Horton.
Mr. Erickson stated that it was inappropriate that DR Horton had posted a development sign for
Crystal Park along 165th Street prior to the project being considered by the Planning Commission
and approved by City Council.
There was a Hosanna! representative available on line if anyone had questions for the church.
Becky Caffery, 10067 166th street
Ms. Caffery is very concerned about the traffic that will come out onto 165th Street from this
development. She indicated there are a lot of accidents at the Jaguar Avenue and 165th Street
intersection.
Motion was made by Zimmer, seconded by Lillehei to close the public hearing at 7:12 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Witte asked for comments from the Planning Commission. Discussion points
included:
Planning Commission Meeting Minutes, June 3, 2021 Page 8
• The woods/trees, stormwater drainage, and grading. Development of Crystal Park
includes the construction of one City owned and maintained stormwater management
basin to collect and treat the stormwater runoff generated from the site.
• Mr. Shultz stated that no trees will be removed from the adjacent City-owned outlot to
the north of Crystal Park.
• Mr. Shultz stated that DR Horton did not want to impact the Hosanna! Church property,
so they designed the preliminary plat with a permanent cul-de-sac accessing 165th Street
instead of a loop street connecting to the private drive that currently serves the church
and Fountains of Hosanna uses and will serve the vacant parcel east of Crystal Park.
• Commissioner Kaluza expressed concern about the lack of a storm shelter for these slab
on grade townhomes, especially given the severe weather Lakeville experienced two weeks
ago. Mr. Schulz commented that DR Horton provides an option of a storm shelter, but
most people prefer not to spend the extra $15,000 that it would cost to include it.
• Mr. Morey stated that 165th Street is a major collector roadway and is designed to
accommodate at least 10,000 trips per day and traffic counts in 2017 were 2,650 trips per
day. Traffic from Crystal Park will create much of an impact by adding approximately
500 trips per day. For comparison, 175th Street between Kenrick Avenue and Ipava
Avenue, which is a major collector with a similar design to 165th Street, had traffic counts
of 12,700 trips per day in 2019. The only driveways onto 165th Street in this area, besides
for Hosanna! Church, are a couple of old single family homes and the twinhomes, town
offices, and businesses to the west. There are trails on both sides of 165th Street which
improves public safety.
• Commissioner Swenson feels the proposed townhome development is an orderly
transition and an appropriate use of the site.
• Confirmed that Street A is a public street and Streets B, C, and D will be owned and
maintained by the townhouse association.
Motion was made by Swenson, seconded by Drotning to recommend to City Council
approval of the Crystal Park preliminary plat of 52 townhome lots, and drainage and utility
easement vacation, located north of 165th Street and west of Ipava Avenue, subject to the eight
stipulations listed below:
1. The recommendations listed in the May 27, 2021 engineering report.
2. An HOA must be established for the ownership of Lot 53, Block 1 and for the maintenance
of Lots 1-53, Block 1.
3. Prior to City Council consideration, the preliminary and final plats must be revised to place
the stormwater pond within a separate outlot. The outlot which includes the stormwater
pond must be deeded to the City with the final plat.
4. A security shall be submitted with each final plat to guarantee installation of the approved
landscaping.
Planning Commission Meeting Minutes, June 3, 2021 Page 9
5. Buffer yard landscaping adjacent to 165th Street shall be installed according to the approved
landscape plan.
6. Prior to City Council consideration of the preliminary plat, the landscape plan shall be
modified to add plantings on the west and south sides of the 14-space guest parking lot, the
north side (east of the sidewalk) of the same guest parking lot, and at the west end of the
two private drives to block headlights from shining at the townhome units.
7. Private Streets B, C, and D shall be posted with no parking, except for the two guest parking
spaces at the end of Streets B and C.
8. Snow will be required to be removed from the site if it cannot be accommodated on site.
Snow shall not be stored in guest parking spaces.
Ayes: Lillehei, Witte, Majorowicz, Zimmer, Drotning, Swenson, Kaluza
Nays: 0
There being no further business, the meeting was adjourned at 7:36 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary