Loading...
HomeMy WebLinkAbout04-07CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES April 7, 2022 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, Patrick Kaluza, Brooks Lillehei, Christine Zimmer, Jason Swenson, Patty Zuzek, Ex-Officio Melissa Field Members Absent: Karl Drotning Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Kris Jenson, Associate Planner; Ryan Tessman, Planning and Zoning Specialist; Zack Johnson, City Engineer; Tina Morrow, Recording Secretary 3. Approval of the Meeting Minutes The March 17, 2022 Planning Commission meeting minutes were approved as presented. 4. Announcements Planning Director Daryl Morey stated that the following was distributed to the Planning Commission at tonight’s meeting: 1. April 6, 2022 Parks, Recreation and Natural Resources Committee meeting motions regarding the Pheasant Run of Lakeville Eighth Addition and Cedar Creek Villas preliminary plats. 2. Agenda Item 6, Pheasant Run of Lakeville Eighth Addition, amended wording for Stipulation #6 of the planning report. 3. Agenda Item 8, Cedar Creek Villas, amended wording for Stipulation #13 of the planning report. 4. Agenda Item 9, Superior Sand and Gravel, e-mail from neighboring property owner. Planning Commission Meeting Minutes, April 7, 2022 Page 2 5. Cory and Sarah Lindt Chair Witte opened the public hearing to consider the application of Cory and Sarah Lindh for a conditional use permit to allow the construction of a detached accessory building exceeding 1,100 square feet in area and 15 feet in height in the RST-2, Single and Two Family Residential District. Cory Lindh presented a brief overview of their request. Planning and Zoning Specialist Ryan Tessman presented the planning report. Mr. Tessman stated that Cory and Sarah Lindh have applied for a conditional use permit to allow the construction of a 1,904 square foot pole barn style accessory building located at 11500 195th Street W. The proposed accessory structure would be on the property where the construction of a single family dwelling is in progress and will be used as storage for personal vehicles and equipment until the property is subdivided. Planning Department staff recommends approval of the Cory and Sarah Lindt conditional use permit, subject to the six stipulations listed in the April 1, 2022 planning report and approval of the Findings of Fact dated April 7, 2022. Chair Witte opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Majorowicz, seconded by Zimmer to close the public hearing at 6:09 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 commented that having a tractor on the property makes sense. Motion was made by Kaluza, seconded by Swenson to recommend to City Council approval of Cory and Sarah Lindh conditional use permit to allow a detached accessory building exceeding 1,100 square feet in area and 15 feet in height in the RST-2 District, subject to the following stipulations, and approval of the Findings of Fact dated April 7, 2022: 1. The detached accessory building shall be constructed in the location identified on the certificate of survey prepared by Jacobson Engineers & Surveyors and approved by the City Council. 2. The detached accessory building shall be constructed with the materials noted on the approved conditional use permit plans. Planning Commission Meeting Minutes, April 7, 2022 Page 3 3. The detached accessory building shall be kept, used and maintained in a manner that is compatible with the existing single family home on the property and shall not present a hazard to the public health, safety and general welfare. 4. Sanitary sewer service shall not be provided to the detached accessory building and the detached accessory building shall not be used as a dwelling. 5. No home occupation or other commercial activities shall occur in any accessory building on the property including no storage of commercial equipment or third-party properties or equipment. 6. The detached accessory building shall be removed from the property at the time the property is subdivided. Ayes: Zuzek, Swenson, Kaluza, Witte, Majorowicz, Lillehei, Zimmer Nays: 0 6. Pheasant Run of Lakeville Eighth Addition Chair Witte opened the public hearing to consider the application of KJ Walk, Inc. for a preliminary plat of 33 detached townhome lots to be known as Pheasant Run of Lakeville Eighth Addition, located east of Pilot Knob Road (CSAH 31) and north of 179th Street (future CSAH 9). Luke Israelson from KJ Walk, Inc. was present via Zoom and presented a brief overview of the request. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that Pheasant Run of Lakeville Eighth Addition preliminary plat will consist of 33 detached townhome lots on just over nine acres. Ms. Jenson reviewed conformance with Zoning Ordinance performance standards for the RST-2, Single and Two Family Residential District., which include setbacks, exterior materials, garage size, landscaping, parking, streets, and landscaping. Ms. Jenson clarified that staff is recommending Stipulation #6 in the March 25, 2022 planning report be amended to read: 6. With the final plat, the Developer shall provide an escrow for the portion of future 179th Street to be constructed adjacent to the plat. The City and Developer shall review and establish construction requirements for 179th Street prior to City Council consideration of the final plat. Planning Commission Meeting Minutes, April 7, 2022 Page 4 Planning Department staff recommends approval of the Pheasant Run of Lakeville Eighth Addition preliminary plat, subject to the seven stipulations listed in the March 25, 2022 planning report, as amended. Chair Witte opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Lillehei, seconded by Majorowicz to close the public hearing at 6:14 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Witte asked for comments from the Planning Commission. Discussion points included: • Commissioner Lillehei asked about mature tree size. • Commissioner Swenson commented on the number of additions for Pheasant Run of Lakeville. Motion was made by Swenson, seconded by Majorowicz to recommend to City Council approval of the Pheasant Run of Lakeville Eighth Addition preliminary plat of 33 detached townhome lots located east of Pilot Knob Road (CSAH 31) and north of 179th Street (future CSAH 9), subject to the following stipulations, as amended: 1. Implementation of the recommendations listed in the March 25, 2022 engineering report. 2. Park dedication shall be satisfied with a cash contribution paid with the final plat. 3. The developer shall construct a five-foot-wide concrete sidewalk along the south side of Ellsworth Drive. 4. Outlot A shall be deeded to the City with the final plat. 5. If a subdivision monument sign is proposed for the development, it must be maintenance free and located on private property. A sign permit is required prior to installation of the sign. 6. The City and Developer shall review and establish construction requirements for 179th Street prior to City Council consideration of the final plat. 7. Prior to City Council consideration, the landscape plan must be modified to address the City Forester’s comments. Buffer yard landscaping shall be installed according to the approved landscape plan and a security for the buffer yard landscaping shall be submitted with the final plat. Planning Commission Meeting Minutes, April 7, 2022 Page 5 Ayes: Swenson, Kaluza, Witte, Majorowicz, Lillehei, Zimmer, Zuzek Nays: 0 7. Interstate South Logistics Park Fourth Addition Chair Witte opened the public hearing to consider the application of Scannell Properties #496, LLC. a preliminary plat of one industrial lot and one outlot to be known as Interstate South Logistics Park Fourth Addition, located south of 215th Street (CSAH 70), north of 217th Street, and east of Jacquard Avenue. Jake Kurth, from Scannell Properties #496, LLC. presented a brief overview of the project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Scannell Properties #496 LLC has applied for a preliminary and final plat of one lot and one outlot on 37.91 acres to be known as Interstate South Logistics Park Fourth Addition. Mr. Dempsey indicated that the preliminary and final plat meets the lot area and lot width requirements of the Zoning Ordinance. The property is zoned I-1, Light Industrial District and the proposed office and distribution center use of the property is a permitted use in the I-1 District. Planning Department staff recommends approval of Interstate South Logistics Park Fourth Addition preliminary and final plat, subject to the nine stipulations listed in the March 31, 2022 planning report. Chair Witte opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Kaluza, seconded by Zimmer to close the public hearing at 6:22 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 commented on police and fire emergency access to individual tenant spaces if this is intended to be a multi-tenant building. • Chair Witte questioned the number of tenants allowed per street address. • Commissioner Swenson asked about the parking deferment in relation to the unknown amount of future office space. Planning Commission Meeting Minutes, April 7, 2022 Page 6 Motion was made by Zimmer, seconded by Swenson to recommend to City Council approval of the Interstate South Logistics Park Fourth Addition preliminary and final plat, subject to the following stipulations: 1. Implementation of the recommendations listed in the March 25, 2022 engineering report. 2. The site and buildings shall be developed in compliance with the plans approved by the City Council and Zoning Ordinance requirements. 3. The landscape plan shall be amended prior to City Council consideration of the preliminary and final plat to comply with minimum material size requirements including coniferous trees, ornamental trees, and height of shrubs per 11-21-9.C of the Zoning Ordinance. 4. A security shall be submitted to guarantee installation of the approved landscaping at the time of final plat approval. All landscaped areas within and adjacent to the parking lot shall be irrigated. 5. Snow storage shall not take place in required parking spaces. 6. The buildings shall be constructed of materials and colors consistent with the requirements of the Zoning Ordinance for industrial buildings. 7. If required by the Federal Aviation Administration (FAA), approval of permit No. 7460 (crane permit) shall be obtained from the FAA prior to commencing construction with the use of a crane or cranes taller than 35 feet in height. 8. Any outside trash containers must be within a six-foot tall enclosure or the height of the container and constructed of similar materials as the building, including a durable, maintenance free gate. 9. Any roof-top or ground mounted mechanical units shall be screened in accordance with Zoning Ordinance requirements. Ayes: Kaluza, Witte, Majorowicz, Lillehei, Zimmer, Zuzek, Swenson Nays: 0 8. Cedar Creek Villas Chair Witte opened the public hearing to consider the application of Summergate Companies, LLC. for the following, located north of 202nd Street (CSAH 50), west of Cedar Avenue (CSAH 23), and south of 200th Street: A. Preliminary plat of 66 detached townhome lots to be known as Cedar Creek Villas. B. Vacation of public drainage, street, and utility easements. Bryan Tucker, Summergate Companies and Christian Froemke, Civil Engineer attended tonight’s meeting. Mr. Tucker presented a brief overview of the project. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that Summergate Development, LLC. has applied for a preliminary plat and easement vacation to Planning Commission Meeting Minutes, April 7, 2022 Page 7 allow the development of 66 detached townhome lots on 30 acres to be known as Cedar Creek Villas. Ms. Jenson reviewed the lot size requirements of the RST-2 District along with setbacks and adjacent land uses for the preliminary plat. She indicated the development site consists of three parcels and explained the easements proposed to be vacated. Two of the parcels have existing single family homes while the third parcel is undeveloped. Ms. Jenson clarified that staff is recommending Stipulation #13 in the March 23, 2022 planning report be amended to read: 13. Prior to City Council consideration of the preliminary plat, revised plans showing the additional required right of way for Cedar Avenue, the monument sign location moved out of Outlot C, and the notation that the buffer yard evergreen trees within Lot 15, Block 3 must be at least 10 feet tall, and Outlot D modified to include the proposed HOA common area to the north (street side) and east (to the plat boundary) must be submitted. Planning Department staff recommends approval of Cedar Creek Villas preliminary plat and easement vacation, subject to the 13 stipulations listed in the March 23, 2022 planning report, as amended. Chair Witte opened the hearing to the public for comment. Robert Warner (via Zoom) - 20234 Glenbrook Path He asked if there have been any traffic studies done? He stated the road to north is gravel, and asked if it will be paved? City Engineer Zach Johnson addressed the questions. Bill Wiseman – 7825 202nd Street W. He stated he has concerns about his privacy given the proposed development with a public street along the west plat boundary adjacent to his property. He also expressed concerns about stormwater drainage backing onto his property because of this proposed development. Motion was made by Kaluza, seconded by Majorowicz to close the public hearing at 6:43 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Witte asked for comments from the Planning Commission. Discussion points included: • Chair Witte asked Ms. Jenson about a buffer between the proposed development and the properties to the west. Ms. Jenson identified the trees located along the east boundary of the adjacent parcels. Planning Commission Meeting Minutes, April 7, 2022 Page 8 • Mr. Tucker stated he is willing to meet privately with Mr. Wiseman to address any concerns he has. • Mr. Morey stated there is not a landscape requirement for this project, because the adjacent properties to the west have the same zoning. • Christian Froemke, from Westwood Professional Services, outlined the area in question and the offsite drainage flow. Mr. Froemke stated in general the drainage is mostly to the south and feels there will be no impact to the proposed property given the engineering design of the Cedar Creek Villas development. • Commissioner Zimmer asked Mr. Morey if there would be an assessment for Street 3 after it was constructed. Mr. Morey clarified that there is no assessment for construction of this street. Consistent with Subdivision Ordinance requirements, all public streets will be paid for and constructed by the developer. • Commissioner Swenson commented on the stormwater development plan and how it will be reviewed by the City in conjunction with the preliminary plat and final plat of Cedar Creek Villas. Mr. Froemke summarized the wetland impacts for the proposed development. Motion was made by Swenson, seconded by Zimmer to recommend to City Council approval of the Cedar Creek Villas preliminary plat and vacation of public drainage, street, and utility easements located north of 202nd Street (CSAH 50), west of Cedar Avenue (CSAH 23), and south of 200th Street, subject to the following stipulations, as amended: 1. Implementation of the recommendations listed in the March 23, 2022 engineering report. 2. Park dedication shall be satisfied with a cash contribution paid with the final plat for each development phase. 3. The Developer shall construct 5-foot-wide concrete sidewalks as shown on the preliminary plat plans. The Developer shall reimburse the City for its 5/8 share of the trail construction costs along the north side of 202nd Street and shall provide an escrow for future sidewalk/trail construction along the south side of 200th Street with the final plat. 4. Outlots A, B, and C shall be deeded to the City with the final plat. 5. Buffer yard landscaping shall be installed according to the approved landscape plan. A security for the buffer yard landscaping shall be submitted with the final plat. The Developer must install sod within Lot 15, Block 3 to the trail along 202nd Street. 6. Street 2 must have a future street extension sign and barricades placed at the west end of the street, Street 5 must have a future street extension sign and barricades placed at the north end of the street, and Street 6 must have a future street extension sign and barricades placed at the east end of the street. 7. All new local utilities and the existing overhead service utilities located along the south side of 200th Street shall be placed underground. 8. A homeowner’s association must be established for ownership and maintenance of the following lots: Lot 4, Block 1, Lot 6, Block 2, Lot 15, Block 3, Lot 12, Block 4, Lot 13, Block 5, Lot 13, Block 6, and Lot 10, Block 7. Planning Commission Meeting Minutes, April 7, 2022 Page 9 9. All townhome units must meet the exterior materials requirements of Section 11-57-19.B.3 of the Zoning Ordinance. 10. The townhome units must comply with the minimum requirements for above grade floor area established by Section 11-17-13.D of the Zoning Ordinance. 11. Each townhome unit shall include an attached garage meeting the minimum width and area requirements of Section 11-57-19.C of the Zoning Ordinance. 12. The Developer shall provide details to verify compliance with the landscape requirements of Section 11-57-19.G of the Zoning Ordinance. 13. Prior to City Council consideration of the preliminary plat, revised plans showing the additional required right of way for Cedar Avenue, the monument sign location moved out of Outlot C, the notation that the buffer yard evergreen trees within Lot 15, Block 3 must be at least 10 feet tall, and Outlot D modified to include the proposed HOA common area to the north (street side) and east (to the plat boundary) must be submitted. Ayes: Witte, Majorowicz, Lillehei, Zimmer, Zuzek, Swenson, Kaluza Nays: 0 9. Superior Sand and Gravel Chair Witte opened the public hearing to consider the application of New Look Contracting d/b/a Superior Sand & Gravel for an Interim Use Permit to allow an extension to the timeframe for mining related activities on property located in the northeast quadrant of 195th Street and Kenrick Avenue at 19250 Kenrick Avenue. David Mitchell from New Look Contracting presented a brief overview of the project. Mr. Mitchell stated that his company has been operating the mining excavation, and grading operations on the property since April 2020 and they are asking for an additional five years to complete operations and restore the property for future development. Mr. Mitchell stated that including the concrete and bituminous recycling operation incentivizes development and construction companies to bring clean fill to the property because they can leave the site with a full load, thus saving hauling costs. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that this project is in the relation to the gravel mining property adjacent to Lake Marion at 19250 Kenrick Avenue. Mr. Dempsey gave a brief history of the property and the mining operations. The request from the applicant is to allow this project to continue bringing fill onto the property and to operate concrete and bituminous demolition recycling and stockpiling for export from the property for the next 5 years. The property requires approximately 160,000 cubic yards of material to complete the grading and filling required by the 2011 interim use permit approved for Midwest Asphalt. Inclusion of the concrete and bituminous demolition handling, crushing, stockpiling, and export is what requires the interim use permit. Import Planning Commission Meeting Minutes, April 7, 2022 Page 10 and grading and fill material for site reclamation would require a grading permit only, which can be approved and administered by City staff. Mr. Dempsey stated that since 2011 staff has received about 14 complaints from nearby neighbors about the truck traffic, dust, and dirt tracked onto the public streets serving the property. Mr. Dempsey explained that, due to Covid-19 restrictions, the applicant prepared a website in advance of tonight’s public hearing allowing the public to be informed and leave comments if needed. The request for the Interim Use Permit will be a policy decision of the City Council with a recommendation from the Planning Commission. Findings of fact for both approval and denial of the Interim Use Permit have been prepared by City staff. If the Planning Commission elects to recommend approval of the Interim Use Permit application, Planning Department staff recommends approval subject to the 18 stipulations listed in the March 30, 2022 planning report. Chair Witte opened the hearing to the public for comment. John Osborne (via Zoom) 18932 Katrine Court. Mr. Osborne indicated that since the gravel pit opened, they have endured long hours of loud equipment noises from the trucks engine braking and tail gates closing as well as dust particles in his home and on his property. Evan Easton (via Zoom) 18924 Katrine Court. His primary concern is that the neighbors will have to continue to live with the noise and dust associated with this site for another 5 years. Motion was made by Zimmer, seconded by Majorowicz to close the public hearing at 7:22 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Witte asked for comments from the Planning Commission. Discussion points included: • Chair Witte asked the applicant to explain the lifecycle of the mine. The applicant explained the operations of the gravel pit and why the additional five years is necessary. • Commissioner Lillehei asked why it is mined, and what happens after the mining is done. • Commissioner Majorowicz asked what the likely timeframe is for the restoration of the project. The applicant’s goal is to have it finished in 3 years yet they are requesting additional time in the event of unforeseen circumstances, so they won’t have to return for an amendment to the interim use permit for additional time. • Commissioner Majorowicz asked about the responsibilities for rehabilitation of the property. Mr. Dempsey indicated the property owner is responsible for completion of the site rehabilitation in accordance with the approved plan. Planning Commission Meeting Minutes, April 7, 2022 Page 11 • Commissioners had a lengthy discussion regarding the current method of fill, use of the site, dust control, storm water containment, and concrete processing. • Mr. Dempsey mentioned this is the last gravel mine operation in the City and no further gravel mining can occur when the property is brought into the current MUSA, anticipated to be in 2029. • Chair Witte asked about monitoring of truck noise on site. • Mr. Johnson commented on the difficulties of enforcing engine braking on public streets in the city. • Chair Witte asked what hours crushing can occur? The applicant indicated the hours allowed by the 2011 interim use permit which they intend to comply with if the new interim use permit is approved. He further stated they anticipate crushing activities to occur for approximately 40 days during the construction season. • Mr. Morey provided a summary of the discussion. He indicated that there are three options for the Planning Commission to consider: 1) approve the interim use permit as requested, 2) deny the interim use permit, and 3) approve the interim use permit with as shorter timeframe (i.e. 3 years). • Commissioners discussed the proposed 5-year timeline for completion and agreed to recommend approval of 4 years. • Mr. Morey recommended stipulation #16 be amended to read: All crushing, and processing operations shall be completed by December 31, 2025. Motion was made by Swenson, seconded by Zimmer to recommend approval of New Look Contracting d/b/a Superior Sand & Gravel for an Interim Use Permit to allow an extension to the timeframe for mining related activities on property, located at 19250 Kenrick Avenue, subject to the following stipulations, as amended, and adopt the Findings of fact for approval dated April 7, 2022: 1. The boundaries of the processing, grading, and rehabilitation areas shall be limited to the areas identified in the approved plans. 2. Rehabilitation, grading, drainage, erosion and sedimentation control, and finished grades shall occur consistent with the Excavation and Grading plan developed by Sathre Berquist, Inc., dated January 7, 2011 as amended for the proposed Interim Use Permit submitted by New Look Contracting. 3. Perimeter side slopes shall be back filled to a maximum grade of 3:1 (33%). No Trespassing signs shall be installed and maintained at regular intervals at the perimeter of the mine adjacent to Kenrick Avenue and 195th Street. 4. Vegetation shall be reestablished as an ongoing part of the site rehabilitation. Ground vegetation shall consist of grass seed mixture. 5. Use of demolition explosives shall not occur on the property. 6. A site improvement performance agreement and annual permits shall be submitted by the applicant along with security as required by Title 7, Chapter 4 of the City Code and Section 11-5-13 of the Zoning Ordinance. A security deposit shall be submitted by the operator Planning Commission Meeting Minutes, April 7, 2022 Page 12 for each acre of land remaining to be rehabilitated in an amount approved by the City Council to complete the approved rehabilitation plan. The annual permit application shall include figures stating the amount of aggregate material exported from the property and fill material imported to the property. 7. Abandoned or inoperable machinery or equipment and rubbish shall not be stored on the site. 8. The maximum noise level at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency. 9. Grading and hauling operations may occur between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Crushing and processing operations shall not occur on Saturdays and Sundays. 10. Operators shall comply with all applicable city, county, state, and federal regulations for the protection of water quality, including the Minnesota Pollution Control Agency and Federal Environmental Protection Agency regulations for the protection of water quality. No waste products or processed residue shall be deposited in any lake, stream or natural drainage system. 11. Asphalt or concrete production is not permitted on the property. 12. All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan. Slopes, graded areas and backfill areas shall be surfaced with adequate topsoil to secure and hold ground cover. Such ground cover shall be tended as necessary until it is self-sustained. 13. Earthen screening berms along Kenrick Avenue and 195th Street shall remain in place during the life of the grading and rehabilitation operation. Earthen berms shall not be located within 50 feet of 195th Street and Kenrick Avenue. 14. Access to and from the site shall be exclusive to Kenrick Avenue. 15. Any flammable liquids stored on the site shall be in above ground storage containers and shall meet Minnesota Pollution Control and Fire Code requirements. 16. All crushing and processing operations shall be completed by December 31, 2025. 17. Excavation is prohibited below an elevation of 1004 (sea level datum). 18. The first 400 feet of the access road shall remain paved with bituminous and shall be swept regularly to keep gravel off of Kenrick Avenue. Kenrick Avenue shall be swept regularly as needed. Any water used by the operator that is acquired from a City water hydrant will require a permit from the City. Ayes: Majorowicz, Lillehei, Zimmer, Zuzek, Swenson, Kaluza, Witte Nays: 0 There being no further business, the meeting was adjourned at 8:19 p.m. Respectfully submitted, Tina Morrow, Recording Secretary