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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