HomeMy WebLinkAbout05-03-05 CITY OF LAKEVILLE
Planning Commission Meeting Minutes
MAY 3, 2005
The May 3, 2005 Planning Commission meeting was called to order by Chair
Swecker in the City Hall Council Chambers at 6:00 p.m.
Flag pledge and roll call of members:
Present: Reuvers, Pattee, Stolte, Swecker, Detjen, Grenz, Drotning, Ex-officio
Arvidson.
Absent:. None.
Staff Present: Daryl Morey, Planning Director; Dennis Feller, Finance Director; Erin
Seeman, Associate Planner; Leif Hanson, Zoning Enforcement/Recycling
Coordinator; Jay Rubash, Assistant City Engineer; Andrea Poehler, Assistant City
Attorney; and Penny Brevig, Recording Secretary.
ITEM 3. APPROVAL OF MEETING MINUTES:
The April 21, 2005 Planning Commission meeting minutes were approved as
presented.
ITEM 4. ANNOUNCEMENTS:
Mr. Morey reminded the Planning Commission members that they will adjourn to
the Marion Conference Room for their work session at the conclusion of the regular
meeting. He extended his appreciation to the. Planning Commission for their
continued hard work on the Spirit of Brandtjen Farms development.
ITEM 5. CONSENT AGENDA
05.38 Motion by Detjen, Second by Drotning to recommend to City Council approval of
the May 3, 2005 Planning Commission Consent Agenda as follows:
A. Approve the application of Jim Allen for the final plat of 40 attached
townhomes to be known as Morgan Square 2nd Addition, located south of
205 Street and west of the Lakeville Theatre.
Ayes: Reuvers, Pattee, Stolte, Swecker, Detjen, Grenz, Drotning.
Nays: 0
Planning Commission Meeting
May 3, 2005
Page 2
ITEM 6. RONALD RIMNAC
Chair Swecker opened the public hearing to consider the application of Ronald
Rimnac for a conditional use permit to allow a total accessory building area greater
than 1,500 square feet and an accessory building height greater than 15 feet in .the
RS-2, Single-Family Residential District, located at 9655 -185 Street. Assistant
City Attorney Poehler attested that the legal notice. had been duly published. in
accordance with State Statutes and City Code.
Ronald Rimnac was in attendance at tonight's meeting to answer any questions that
the Planning Commission or public may have. Mr. Rimnac presented an overview
of the project. He indicated that the detached accessory building is for the purpose
of storing his own motor vehicles and recreational vehicles.
Zoning Enforcement/ Recycling Coordinator Leif Hanson presented the planning
report. Mr. Hanson stated that Ronald Rimnac submitted an application for a
conditional use permit to allow an accessory building that is proposed to be more
than 1,500 square feet in area and 20 feet in height on his property located at 9655
185 Street. He indicated that the proposed accessory building, which combined
with his existing attached garage, would exceed the maximum of 1,500 square feet
of accessory building area that is allowed in the RS-2 District. Mr. Hanson stated
that the total accessory building area on Mr. Rimnac's property would be 2,096
square feet.
Mr. Hanson stated that Mr. Rimnac's property is 318,385 square feet (7.3 acres) in
size and the total proposed accessory building area of 2,096 square feet represents
less than one percent of the area of the subject property.
Mr. Hanson indicated that the materials used for the existing principal building
located on the property is the .same materials that will be used on the proposed
accessory building and the exterior colors will match the principal building as well.
Mr. Hanson stated that there are two overhead doors, 8 feet in height and 10 feet 1
1h inches in width, located on the front (west) elevation of the proposed building.
Mr. Hanson indicated that the proposed accessory building meets all setback
requirements as stated in the Zoning Ordinance.
Mr. Hanson stated that a row of large. deciduous trees would provide screening of
the proposed accessory building to the adjacent properties located to the east and
south. He indicated that some existing deciduous trees located to the south of the
proposed location may need to be removed to accommodate the construction of the
accessory building, but staff will work with Mr. Rimnac to determine if additional
trees will need to be planted on the south side of the proposed accessory building.
Planning Commission Meeting
May 3, 2005
Page 3
•
Mr. Hanson stated that the existing driveway on the property is not entirely paved
and the site plan shows that driveway access will be provided to the proposed
accessory building. He indicated that a stipulation of the conditional use permit
will require Mr. Rimnac to pave the remainder of the existing driveway, provide a
paved driveway access to the proposed accessory building and submit an escrow to
insure that the driveways will be paved, consistent with Zoning Ordinance
requirements.
Mr. Hanson stated that the property is located in MUSA Expansion Area A, which
will be brought into the current MUSA on November 1, 2005, but is served with
City water and a private septic system. He indicated that Mr. Rimnac is not
proposing to provide the accessory building with sewer or water service and any
electric service to the accessory building will need to be installed underground.
Mr. Hanson reviewed the Zoning Ordinance criteria for allowing oversized
accessory buildings by conditional use permit.
Mr. Hanson stated that should the Planning Commission recommend to the City
Council approval of the Rimnac Conditional Use Permit, Planning Department. staff
• recommends approval subject to the 7 stipulations listed in the Apri127, 2005
planning report, and approval of the Findings of Fact dated May 3, 2005.
Chair Swecker opened the hearing to the public for comment.
There were no comments from the audience.
05.39 Motion by Stolte, Second by Pattee to close the public hearing at 6:05 p.m.
Ayes: Pattee, Stolte, Swecker, Detjen, Grenz, Drotning, Reuvers.
Nays: 0
Commissioner Drotning explained to the audience that if the applicant complies
with Zoning Ordinance requirements, these types of conditional use permits are
fairly routine.
05.40 Motion by Drotning,. Second by Reuvers to recommend to City Council approval
of the Rimnac Conditional Use Permit to allow a total accessory building area
greater than 1,500 square feet and an accessory building height greater than 15 feet
in the RS-2, Single-Family Residential District, located at 9655. -185 Street, subject
to the 7 stipulations listed in the April 27, 2005 planning report, and approval of the
Findings of Fact dated May 3, 2005.
• Ayes: Stolte, Swecker, Detjen, Grenz, Drotning, Reuvers, Pattee.
Nays: 0
Planning Commission Meeting
May 3, 2005
Page 4
ITEM 7. BELLANTE
Chair Swecker opened the public hearing to consider the application of William
Feldman, Feldman Enterprises for: A. Preliminary plat of 94 townhome units to be
known as Bellante, located north of 185 Street (CSAH 60) and east of Judicial
Road; B. Rezoning of the subject property from RM-1, Medium Density Residential
District to PUD, Planned Unit Development District; and C. Development Stage
Planned Unit Development. Assistant City Attorney Poehler attested that the legal
notice had been duly published in accordance with State Statutes and City Code.
William Feldman was in attendance at tonight's meeting to answer any questions
that the Planning Commission or public may have. Mr. Feldman presented a brief
overview of the project. He indicated that the townhouse buildings will be built in
three phases, including 38 twinhomes in the first phase, 26 twinhomes in the second
phase, and 1 twinhome, along with 7 townhome units, in the third phase. Mr.
Feldman stated that Ted McWilliams will be the builder of the townhouses in the
Bellante development.
Associate Planner Erin Seeman presented the planning report. Ms. Seeman stated
• that Feldman Enterprises has submitted an application for the preliminary
plat/ development stage planned unit development of Bellante, which consists. of 94
townhome units, six common area lots and seven outlots, located north of 185
Street (CSAH 60) and east of Judicial Road. She indicated that in conjunction with
the preliminary plat, the developer is requesting the rezoning of the property from
RM-1, Medium Density Residential District, to PUD, Planned Unit Development
District.
Ms. Seeman stated that the developer is .requesting a rezoning of the property to
PUD, subject to the standards of the RM-1, Medium Density Residential District, to
accommodate five private looped drives off of a public street. She indicated that all
five private drives will exceed the maximum number of units allowed off of a
private drive in the RM-1 District requirements of the Zoning Ordinance. Ms.
Seeman stated that at a work session held on February 3, 2005, the Planning
Commission was supportive of rezoning the property to PUD to allow the extra
units off of a private drive. They felt the site design met the spirit and intent of the
RM-1 District performance standards.
Ms. Seeman stated that the Bellante preliminary plat proposes 7 outlots that include
delineated wetlands and buffers and an infiltration basin, all of which will be
deeded to the City with the final plat. She indicated that a wetland delineation
• must be completed for the west side of Judicial Road in Scott County to identify the
impacts of the Judicial Road reconstruction associated with this development.
Planning Commission Meeting
May 3, 2005
Page 5
Ms. Seeman stated that the preliminary plat is adjacent to 185 Street (CSAH 60)
and Judicial Road. Street A is a looped internal public street and will be
constructed with the plat, along with a 5-foot wide concrete sidewalk along one
side. She indicated that there will be two public street connections to Judicial Road.
Ms. Seeman stated that a complete tree inventory and preservation plan has been
submitted by the developer. She indicated that there are 497 significant trees on the
site and the developer proposes to save 171 (34%).
Ms. Seeman indicated that staff is recommending a cash contribution to satisfy the
park dedication requirements for Bellante. She indicated that a ten foot wide trail
will be constructed by the developer on the east side of Judicial Road adjacent to
the Bellante plat. She identified the possibility of extending of the trail to the north
through the Bracketts Townhome subdivision, which will be determined prior to
final plat approval. Ms. Seeman indicated that the Parks, Recreation and Natural
Resources Committee will make a recommendation regarding the park dedication
requirements at their May 4, 2005 meeting.
Ms. Seeman reviewed the RM-1 District standards for this development including
density, setbacks, unit design and construction standards. She indicated that the
building setbacks and unit size and width meet or exceed Zoning Ordinance
requirements.
Ms. Seeman stated that the developer is proposing to construct three different
buildings, one type of row-style townhome and two different twinhome buildings.
She indicated that exterior building material calculations have been verified and are
incompliance. with Zoning Ordinance requirements.
Ms. Seeman indicated that one of the twinhome buildings and the row-style
townhome building met the minimum garage floor area requirement, but the
second twinhome building floor plan must be revised to show a garage with a
minimum of 440 square feet prior to consideration of the final plat.
Ms. Seeman stated that a preliminary landscape plan has been submitted by the
developer showing berming and .landscaping along CSAH 60 and Judicial Road as
well as landscaping internal to the site. She indicated that the developer must
submit project and landscape value figures showing compliance with this
requirement prior to consideration of the final plat.
Ms. Seeman stated that the preliminary plat proposes 51 guest parking spaces
• dispersed throughout the plat which is incompliance with Zoning Ordinance
requirements.
Planning Commission Meeting
May 3, 2005
Page 6
Ms. Seeman stated that should the Planning Commission recommend to the City
Council approval of the Bellante preliminary plat, rezoning and Development Stage
Planned Unit Development, Planning Department staff recommends approval
subject to the 12 stipulations listed in the Apri129, 2005 planning report, and
approval of the Findings of Fact dated May 3, 2005.
Chair Swecker opened the hearing to the public for comment.
Elwin (Butch) Berg, 17626 Lancaster Court
Mr. Berg asked for an elaboration of the proposed Judicial Road improvements as
they relate to this development.
Dave Osborn, 18067 Judicial Way South
Mr. Osborn asked the following questions:
? Will the maintenance building driveway be relocated?
? Will the existing wetlands and trees located on the north side of the site be
impacted?
Ottilie Castriotta, 18068 Judicial Way North
Ms. Castriotta is on the Board of Directors of the Bracketts Townhome Association
and was questioning the maintenance building driveway encroachment. She
indicated that the driveway is located within an easement owned by the townhome
association.
05.41 Motion by Detjen, Second by Reuvers to close the public hearing at 6:26 p.m.
Ayes: Swecker, Detjen, Grenz, Drotning, Reuvers, Pattee, Stolte.
Nays: 0
The Planning Commission and City staff responded to the public comments.
Mr. Morey responded to the questions about the maintenance building driveway
encroachment, which occurs on the easterly portion of the site. He indicated that it
is a relatively small encroachment that does not run the entire length of the
driveway and it is City policy to eliminate any encroachments with development
projects.
• Mr. Rubash stated that Judicial Road is located along the east boundary of Scott
County and the west boundary of the City of Lakeville. It is classified as a minor
collector roadway in the City's Transportation Plan. He indicated that the hill in
Judicial Road will be leveled and the east (Lakeville) side adjacent to the Bellante
Planning Commission Meeting
May 3, 2005
Page 7
•
plat will be upgraded to an urban section. A ten foot bituminous trail will also be
constructed on the east side of Judicial Road.
He also stated that the CSAH 60 improvement plans are public information and can
be viewed at City Hall in the Engineering Department during regular business.
hours. Mr. Rubash stated that on May 16, 2005 the CSAH 60 improvement project
should begin construction. Mr. Rubash stated that there will be left and right turn
lanes constructed from CSAH 60 onto Judicial Road. Because there is not a large
amount of traffic on Judicial Road he indicated that there would be no turn lanes
into this development off of Judicial Road.
Mr. Rubash stated that there will be wetland mitigation in the northeast corner of
the site and some grading in the northwest corner. Mr. Rubash stated that there
will be heavy duty silt fence installed to protect the wetlands. No significant trees
are proposed to be removed along the plat boundary and the developer is
proposing to install landscaping between the townhomes and the north plat line.
Chair Swecker indicated that if residents have any more questions regarding the
CSAH 60 improvements, they should contact to the City Engineer or the Dakota
• County Highway Department.
The Planning Commission, the project engineer and the landscape architect
discussed the wetlands, their location, tree preservation and landscaping efforts.
05.42. Motion by Stolte, Second by Pattee to recommend to City Council approval of the
Bellante Preliminary Plat of 94 townhome units, located north of 185 Street (CSAH
60) and east of Judicial Road, rezoning of the subject property from RM-1, Medium
Density Residential District to PUD, Planned Unit Development District, and
Development Stage Planned Unit Development, subject to the 12 stipulations listed
in the Apri129, 2005 planning report, and approval of the Findings of Fact dated
May 3, 2005
Ayes: Detjen, Grenz, Drotning, Reuvers, Pattee, Stolte, Swecker.
Nays: 0
ITEM 8. CITY OF LAKEVILLE
Chair Swecker opened the public hearing to consider the application of the City of
Lakeville for the adoption of the 2005-2009 Capital Improvement Plan. Assistant
City Attorney. Poehler attested that the legal notice had been duly published in
• accordance with State Statutes and City Code.
Assistant City Engineer Jay Rubash and Finance Director Dennis Feller presented
the 2005-2009 Capital Improvement Plan. Mr. Rubash reviewed the updated maps
Planning Commission Meeting
May 3, 2005
Page 8
of proposed streets, utilities, trails, sanitary sewer, storm sewer, and water projects
scheduled for construction between 2005 and 2009. Mr. Feller reviewed the
objectives of the CIP and proposed financing for the construction projects.
Mr. Rubash stated that staff has reviewed the CIP and finds it consistent with the
Comprehensive Plan and recommends approval of the 2005-2009 Capital
Improvement Plan as presented.
Chair Swecker opened the hearing to the public for comment.
There were no comments from the audience.
05.43 Motion by Detjen, Second by Pattee to close the public hearing at 7:05 p.m.
Ayes: Grenz, Drotning, Reuvers, Pattee, Stolte, Swecker, Detjen.
Nays: 0
Commissioner Grenz asked if overhead wires would be placed underground in the
Valley Lake Park area. Mr. Rubash indicated that this is not part of the 2005-2009
CIP. In addition, Mr. Rubash stated that it would be a burden on homeowners
because .each homeowner would be responsible to pay their share of the project
costs.
Commissioner Grenz asked if there was an assessment on seal coating. Mr. Feller
explained why the City of Lakeville no longer assesses for seal coating.
Commissioner Stolte asked if there were any capital issues related to transit. Mr.
Rubash stated that there are no anticipated improvements to I-35 in the 2005-2009
CIP other than a park and ride lot in conjunction with the I-35/CSAH 70
interchange improvements. He indicated that the official mapping for I-35/CSAH
70 includes the potential of installing a 400 car park and ride lot.
The Planning Commission asked about non-programmed improvements. Mr.
Morey explained that there are no funds available for these projects at this time. and
that adjacent development may help pay for some of those listed in the 2005-2009
CIP.
There was a short discussion regarding the King Park Athletic Club development
and the proposed relocation of the King Park baseball fields.
05.44 Motion by Detjen, Second by Drotning to recommend to City Council approval of
. the 2005-2009 Capital Improvement Plan, as presented.
Ayes: Drotning, Reuvers, Pattee, Stolte, Swecker, Detjen, Grenz.
Nays: 0
Planning Commission Meeting
May 3, 2005
Page 9
There being no further business, the meeting was adjourned at 7:20 p.m.
Respectfully submitted,
Penny g, Recording S cretary
ATTEST:
1~----
Kerri Swecker, Chair