HomeMy WebLinkAboutItem 03 draft minutes
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
July 6, 2023
Chair Majorowicz 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 Jenna Majorowicz, Vice Chair Christine Zimmer, Scott Einck, Pat
Kaluza, Brooks Lillehei, Jason Swenson, Patty Zuzek, Ex-Officio member Jeff Hanson
Members Absent: None
Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Kris Jenson,
Associate Planner; Lucas Ritchie, Project Engineer; Tina Morrow, Recording Secretary
3. Approval of the Meeting Minutes
The June 15, 2023 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. July 5, 2023 Parks, Recreation and Natural Resources Committee meeting motion
regarding the Antlers Ridge preliminary plat.
2. Email from neighboring property owner regarding Agenda Item 6, Promontory
Comprehensive Plan Amendment.
Mr. Morey stated that if none of the items at tonight’s meeting are tabled, the July 20, 2023
Planning Commission meeting will be canceled.
5. Christian Heritage Academy
Chair Majorowicz opened the public hearing to consider the application of Appro
Development, on behalf of Christian Heritage Academy, for a conditional use permit
amendment to allow the expansion of Christian Heritage Academy, a private elementary and
middle school, located at 7320 175th Street.
Joel Koski, Principial of Christian Heritage Academy presented an overview of the project.
Planning Commission Meeting Minutes, July 6, 2023 Page 2
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated the applicant
is requesting a conditional use permit (CUP) amendment to allow a building expansion to the
existing school at 7320 175th Street.
The proposed expansion would add space to both wings of the building, for a total of just under
16,000 square feet of additional space. The property is zoned PUD, Planned Unit Development
with a base zoning of RM-1, Medium Density Residential District. The proposed additions
meet all setback requirements of the RM-1 District.
The school currently has an enrollment of 230 students, which requires 33 parking spaces.
Based on the other existing uses on site and the required parking spaces for each of those uses,
the site requires a total of 285 parking spaces. The entire site currently has 344 surface spaces
and 62 spaces within the enclosed parking structure for Pillars of Lakeville, for a total of 406
parking spaces. This leaves the site with an excess of 121 total parking spaces (59 surface spaces)
for the current developments on the site.
Ms. Jenson outlined the building height, exterior materials, landscaping, and the classroom
floor plan.
Ms. Jenson clarified that the City Attorney is recommending Stipulation #5 in the June 28, 2023
planning report be amended to read:
5. The conditional use amendment shall terminate five years after issuance by the City
Council. The conditional use permit amendment shall expire unless the applicant
commences the authorized use within five years of the date of this amendment.
Planning Department staff recommends approval of the Christian Heritage Academy
conditional use permit amendment, subject to the 5 stipulations listed in the June 28, 2023
planning report, as amended, and approval of the Findings of Fact dated July 6, 2023.
Chair Majorowicz 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 6:08 p.m.
Voice vote was taken on the motion.
Ayes – unanimous.
Chair Majorowicz asked for comments from the Planning Commission. Discussion point
included:
• Commissioner Zimmer spoke positively regarding the school expansion.
Planning Commission Meeting Minutes, July 6, 2023 Page 3
Motion was made by Lillehei, seconded by Zimmer to recommend to City Council approval
of the Christian Heritage Academy conditional use permit amendment subject to the following
stipulations, and approval of the Findings of Fact dated July 6, 2023:
1. The site plan and building additions shall be developed in accordance with the plans
approved by the City Council.
2. Landscaping shall be installed consistent with the approved landscape plan. A landscape
escrow must be submitted with the building permit for the plantings that will be done in
conjunction with each phase of construction.
3. Due to the increase in enrollment associated with the building additions, the circulation of
vehicles on site for drop-off and/or pick-up must be revised so as to accommodate more
vehicles on site if vehicles are regularly backing up onto 175th Street.
4. A building permit is required prior to commencing construction. The construction shall
be completed in accordance with the approval of the Building Official and Fire Marshal.
The conditional use permit amendment shall expire unless the applicant commences the
authorized use within five years of the date of this amendment.
Ayes: Zuzek, Kaluza, Lillehei, Majorowicz, Zimmer, Einck, Swenson
Nays: 0
6. Promontory
Chair Majorowicz opened the public hearing to consider the application of Tradition
Development Corp. for a Comprehensive Plan amendment to bring land into the current
Municipal Urban Service Area (MUSA), located east of Judicial Road and south of 185th Street
(CSAH 60).
Patrick Wrase with Tradition Development presented a brief overview of the project.
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated the applicant
has applied for a comprehensive plan amendment (CPA) to bring two parcels, totaling 28 acres
into the current Municipal Urban Service Area (MUSA). Planning staff reviewed the
application and opted to include three additional parcels south of 185th Street (CSAH 60) as
part of the request, for a total of approximately 83 acres over five parcels, which is outlined in
the June 28, 2023 planning report. These five parcels are in MUSA Expansion Area B (2029-
2038).
Ms. Jenson explained the notification process required as part of a comprehensive plan
amendment, and that while parcels can be removed from consideration by the Planning
Commission or City Council, parcels could not be added after the required notification has
been distributed.
Planning Commission Meeting Minutes, July 6, 2023 Page 4
Ms. Jenson indicated that prior to the public hearing, she spoke with the other two property
owners included in the comprehensive plan amendment. Both property owners indicated that
they were opposed to any of these five parcels being brought into the MUSA before the 2029
timeframe and therefore staff is recommending that only the two parcels owned by Tradition
RTH LLC should be considered for the comprehensive plan amendment to be brought into the
Current MUSA.
Planning Department staff recommend approval of the Tradition Development
Comprehensive Plan amendment, and approval of the Findings of Fact dated July 6, 2023.
Chair Majorowicz opened the hearing to the public for comment.
Nancy Stoddard, 12240 185th Street W. Ms. Stoddard stated she was aware of the past rezoning
of her property from agricultural to residential. She commented on the 2040 Comprehensive
Plan, and her concerns regarding development before the timeframe of 2029-2038. She gave a
brief history of her conversations with City staff to extend the timeframe or eliminate the future
development surrounding her property.
Keith Sauber, 11950 195th Street W. Mr. Sauber stated he was under the impression that the
parcels adjoining his property would not be developed prior to 2040.
Greg Foster, 19198 Judicial Rd. Mr. Foster gave a history of his residency in the City of
Lakeville. He has the same concerns regarding the proposed parcels being developed before
2029.
Motion was made by Zimmer, seconded by Kaluza to close the public hearing at 6:57 p.m.
Voice vote was taken on the motion
Ayes – unanimous
Chair Majorowicz asked for comments from the Planning Commission. Discussion points
included:
• Chair Majorowicz asked when Tradition’s property could develop if the comprehensive
plan amendment is approved. Ms. Jenson summarized the potential development
timeline.
• Commissioner Lillehei indicated that he would like to have a work session to further
discuss this issue.
• Commissioners had a lengthy discussion regarding the five parcels and the dates of future
development.
• Commissioner Zimmer asked when Tradition purchased the property and what was the
MUSA Staging Plan at that time. Ms. Jenson clarified that the zoning and MUSA has not
changed for these five parcels since the 2040 Comprehensive Plan was adopted.
Planning Commission Meeting Minutes, July 6, 2023 Page 5
Motion was made by Kaluza, seconded by Swenson to recommend to City Council approval
of the Tradition Development Comprehensive Plan amendment, amended to include only the
two parcels owned by Tradition RTH LLC, and approval of the Findings of Fact dated July 6,
2023.
Ayes: Kaluza, Majorowicz, Einck, Swenson, Zuzek
Nays: Lillehei, Zimmer
Lillehei voted Nay because he thinks there should be a work session to discuss the request
before voting on the application. Zimmer voted Nay because she doesn’t think the
property should be developed before 2029.
7. Antlers Ridge
Chair Majorowicz opened the public hearing to consider the application of Tamarack Land
Lake Marion Commons, LLC for the following: 1) Zoning Map amendment to rezone
property from RM-2, Medium Density Residential District to RST-2, Single and Two Family
Residential District, 2) preliminary plat of 54 twinhome lots to be known as Antlers Ridge,
and 3) conditional use permit for a Shore Impact Plan within the Shoreland Overlay District
of Lake Marion, all located east of Kenrick Avenue and north of 205th Street.
Nate Herman with Tamarack Land Lake Marion Commons, LLC. presented a brief overview
of the project.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated the
applicant has submitted applications and preliminary plat plans for Antlers Ridge, which
proposes the development of 54 twinhome lots, rezoning from RM-2 to RST-2, and a
conditional use permit for a shoreland impact plan within the Shoreland Overlay District of
Lake Marion.
The density of the Antlers Ridge preliminary plat is five units per acre, which falls within the
guided density range for the entire property according to the 2040 Comprehensive Land Use
Plan.
Mr. Dempsey outlined the site and phasing plan, highlighting the development of the two
phrases, which is described in the June 30, 2023 planning report.
The landscaping plan includes landscaping around the site perimeter. Unit lot landscaping
will be submitted separately with the submittal of the building plans at the time of building
permit approval. A row of evergreen and deciduous trees is proposed along the east boundary
of the site adjacent to the existing single family homes. Landscaping is also proposed off-site
as replacement trees due to proposed grading on the Terra Products property near the
Planning Commission Meeting Minutes, July 6, 2023 Page 6
southwest corner of the preliminary plat. Written permission from Terra Products will be
required prior to grading and installation of the landscaping on their property.
A homeowner’s association must be established and the required incorporation documents
must be reviewed by the City Attorney prior to Council approval. A neighborhood meeting
was hosted by the developer with 25-30 residents in attendance. There were comments on
street access, tree removal, and traffic on the existing roads in the area.
Planning Department staff recommends approval of the Antlers Ridge preliminary plat, zoning
map amendment and conditional use permit, subject to the 8 stipulations listed in the June 30,
2023 planning report, and approval of the findings of fact dated July 6, 2023.
Chair Majorowicz opened the hearing to the public for comment.
Jessie Drews, 20452 Kensfield Trail. Mr. Drews asked if a traffic study has been conducted on
Kenrick Avenue between 185th Street and 215th Street. He has concerns about the traffic on
Kenrick Avenue when there is a backup on I-35.
Kevin Marek, 24951 Opal Avenue, owner of Marek Towing. Mr. Marek commented on the
heavy traffic on Kenrick Avenue, especially when there is a backup on I-35. He also asked
about the proposed grades behind the Marek Towing property. He stated Marek Towing is no
longer zoned commercial and he has concerns about the current zoning when he sells his
property. He stated he has no plans to sell his property any time soon.
Joshua Kahn, 20291 Kensington Way (via Teams). He has concerns about traffic, loss of
privacy and increase in freeway noise with the removal of trees, stormwater runoff, and the
extension of 203rd Street, and crime.
Motion was made by Lillehei, seconded by Zuzek to close the public hearing at 7:54 p.m.
Voice vote was taken on the motion
Ayes – unanimous
Chair Majorowicz asked for comments from the Planning Commission. Discussion points
included:
• The need for a traffic study for Kenrick Avenue. Mr. Ritchie stated that Kenrick
Avenue and 205th Street have a capacity to handle 14,000-17,000 cars/days. In 2021,
traffic counts were 5,105 on Kenrick Avenue and 6,240 on 205th Street, which is less
than half of their design capacity. He stated that MNDOT makes adjustments to take
into account Covid related reductions in traffic. He also stated that City staff can
undertake new traffic counts at any time.
Planning Commission Meeting Minutes, July 6, 2023 Page 7
• Commissioner Zimmer asked for clarification on the Kenrick Avenue turn lanes. Mr.
Ritchie responded that the developer will be required to construct a southbound left
turn lane and a northbound right turn lane on Kenrick Avenue at the proposed 203rd
Street intersection.
• Commissioner Zuzek asked what types of twin homes will be developed. Mr. Herman
responded that they will be mostly single level townhomes but there will be some two
level units.
• Commissioner Lillehei commented that street stubs (like 203rd Street) are intended to
be extended when the adjacent property develops and to connect neighborhoods,
residents that move into the Antlers Ridge development should be mindful of the
Marek Towing operation, frontage roads are not designed to accommodate significant
events that occur on the adjacent freeway, and the proposed turn lanes on Kenrick
Avenue will help make that road safer.
• Commissioner Swenson asked about the purpose of the proposed trail located on the
northwest portion of the proposed plat. Mr. Herman stated it was for pond access and
maintenance.
• Commissioner Swenson asked what the retaining walls will be constructed of? Mr.
Herman responded the retaining walls will be a block style modular wall for durability.
• The existing fence along the east property line was discussed. Mr. Morey stated the
fence could only be removed by the developer if it was located within the subject
property.
• Commissioner Swenson commented that the proposed Antlers Park street connections
to the east and south provide alternate access points for this development and the
existing adjacent neighborhoods.
Motion was made by Swenson, seconded by Zurek to recommend to City Council approval
Antlers Ridge preliminary plat, zoning map amendment and conditional use permit, subject
to the following stipulations, and approval of the Findings of Fact dated July 6, 2023:
1. The site shall be developed in accordance with the plans approved by the City Council.
2. The overhead utility lines adjacent to Kenrick Avenue shall be placed underground.
3. Outlots A and B shall be deeded to the City with the final plat.
4. The twinhome dwellings proposed for construction shall be reviewed for compliance with
Zoning Ordinance requirements in conjunction with the final plat and prior to issuance of
building permits.
5. The landscape plan shall be revised to identify minimum shrub sizes, not plant pot size.
Low growing shrubs shall be 18-24 inches tall and tall growing shrubs shall be 24-36 inches
tall as required by Section 11-21-9 of the Zoning Ordinance. The landscape plan for the
proposed preliminary plat shall be subject to review and approval of the City Forester.
6. Five foot wide concrete sidewalks shall be constructed on the east and west sides of
Kensfield Trail and on the south side of 203rd Street from the trail along the east side of
Kenrick Avenue to Kensfield Court.
Planning Commission Meeting Minutes, July 6, 2023 Page 8
7. Park dedication shall be subject to the recommendations of the Parks, Recreation, and
Natural Resources Committee to be satisfied at the time of final plat.
8. The developer shall submit documents with the final plat application establishing a
homeowners association to address ownership and maintenance of private open space for
the proposed twinhomes in accordance with Section 11-57-17 of the Zoning Ordinance,
subject to review and approval of City staff.
Ayes: Lillehei, Majorowicz, Zimmer, Einck, Swenson, Zuzek, Kaluza,
Nays: 0
There being no further business, the meeting was adjourned at 8:06 p.m.
Respectfully submitted,
Tina Morrow, Recording Secretary