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HomeMy WebLinkAbout12-08-05 CITY OF LAKEVILLE Planning Commission Meeting~Minutes • DECEMBER 8, 2005 The December 8, 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: Blee, Pattee, Swecker, Detjen, Grenz, Drotning, Ex-officio Arvidson. Absent: Stolte. Staff Present: Daryl Morey, Planning Director; Allyn Kuennen, Associate Planner; Jay Rubash, Assistant City Engineer; Daniel Licht, Northwest Associated Consultants, Inc. (NAC); Andrea Poehler, Assistant City Attorney; -and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The November 17, 2005 Planning Commission meeting minutes were .approved as presented. The November 17, 2005 Planning Commission work session notes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey indicated the following items were distributed to the Planning Commission members and staff before tonight's meeting. 1. December 7, 2005 Parks, Recreation and Natural Resources Committee meeting motion regarding the Emerald Professional Center preliminary plat. 2. Letter from Neil Hansen, .President of D. R. Horton regarding buffer yard requirements. 3. E-mail from Planning Commission member Lowell Miller Stolte regarding proposed modifications to the buffer yard requirements. Mr. Morey stated that Captain John Arvidson will be stepping down as the ex- officio member of the Planning Commission effective December 31, 2005. Mr. Morey thanked him for his service over the past two years on the Planning Commission and indicated that Captain Arvidson. has reviewed more than 60 plats during his time on the Planning Commission. Planning Commission Meeting December 8, 2005 Page 2 • Chair Swecker also thanked Captain Arvidson for his service on the Planning Commission. ITEM 5. DAKOTA ELECTRIC ASSOCIATION Chair Swecker opened the public hearing to consider the application of Dakota Electric Association for the vacation of a public road, drainage and utility easement located within the Dakota Electric Association substation site on the west side of Cedar Avenue, north of 179 Street. Planning Director Daryl Morey attested that the Legal notice had been duly published in accordance with State Statutes and City Code. Sue Paraseau from Dakota Electric was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Ms. Paraseau presented an overview of the request. Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen stated that Dakota Electric Association (DEA) is in the process of revising the driveway location within their substation site that accesses Cedar Avenue north of the Central Maintenance Facility because their temporary access easement on the Double E Crossing property will expire soon. As part of their driveway location, DEA is requesting that the existing permanent public roadway easement through the DEA property for the future construction of the 175 Street extension be vacated. Mr. Kuennen indicated that 175 Street will not be extended in this location due to changes in Dakota County's access spacing guidelines. As such, the roadway easement is no longer needed and the easement can be vacated. He indicated that staff is recommending a 25 foot roadway easement be dedicated along the frontage of the property to provide the total required 200 feet of right-of-way width on Cedar Avenue. Mr. Kuennen stated that should the Planning Commission recommend to the City Council approval of the easement vacation, Planning Department staff recommends approval contingent on a 25 foot roadway easement being dedicated along Cedar Avenue. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. Planning Commission Meeting December 8, 2005 Page 3 05.127 Motion by Blee, Second by Drotning to close the public hearing at 6:05 p.m. Ayes: Blee, Pattee, Swecker, Detjen, Grenz, Drotning. Nays: 0 The Planning Commission questioned if the driveway access could be relocated from Cedar Avenue. Ms. Paraseau indicated that this driveway is a very low traffic driveway. Mr. Morey indicated that Dakota County is aware of this access onto Cedar Avenue and it is not an issue with them because it has a very low use. Staff will revisit the DEA driveway access when the City owned property to the south develops. 05.128 Motion by Detjen, Second by Blee to recommend to City Council approval of the Dakota Electric Association vacation of a public road, drainage and utility easement located within the Dakota Electric Association substation site on the west side of Cedar Avenue, north of 179 Street, as presented. Ayes: Pattee, Swecker, Detjen, Grenz, Drotning, Blee. Nays: 0 ITEM 6. EMERALD PROFESSIONAL CENTER Chair Swecker opened the public hearing to consider the application of Tramm Companies for the following, located in the northeast quadrant of 185 Street (CSAH 60) and Kenyon Avenue: A. Preliminary plat of 7 lots to be known as Emerald Professional Center; B. Conditional Use Permit to allow a town office development with a unit lot configuration; and C. Variance from the building setback requirement. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Kim Tramm from Tramm Builders and Realtors was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Tramm presented an overview of the project. Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen stated that Tramm Builders and Realtors has submitted an application for the preliminary plat. of 7 lots to be known as Emerald Professional Center, located on the north side of 185 Street (CSAH 60), east of Kenyon Avenue and west of Interstate 35. He indicated that Mr. Tramm is proposing to construct two, one-story town office buildings with a total of six units all with walkout basements. Planning Commission Meeting December 8, 2005 Page 4 Mr. Kuennen stated that the developer is also requesting a conditional use permit to allow a town office development with aunit/lot configuration and a variance to allow two town office units to encroach into the 33-foot setback from the edge of the adjacent wetland. Mr. Kuennen stated that the subject property was previously rezoned with the Prairie Lake development to O-R, Office-Residential Transition District. He indicated that the preliminary plat of Emerald Professional Center meets or exceeds the setbacks, lot area and lot width requirements of the Zoning Ordinance. Mr. Kuennen stated that the subject property has frontage along Kenyon Avenue and 185th Street (CSAH 60). He indicated that the right-of-way requirement was satisfied with the Prairie Lake 1St Addition final plat in 2002. A revised striping plan for Kenyon Avenue has been submitted by the developer to include turn lanes for the proposed development. Mr. Kuennen stated that access to the site will be from one driveway off Kenyon Avenue with no access to 185th Street. Mr. Kuennen stated that the applicant has shown 43 parking spaces as required by the Zoning Ordinance. He indicated that the lower level areas cannot be converted to office space without the construction of additional parking in compliance with Zoning Ordinance requirements. Mr. Kuennen stated that staff is recommending a cash contribution to satisfy the park dedication requirement for Emerald Professional Center. The December 7, 2005 Parks, Recreation and Natural Resources Committee motion regarding their recommendation for the Emerald Professional Center preliminary plat was distributed at tonight's meeting. Mr. Kuennen stated that the preliminary plat includes Outlot A which encompasses the wetland and wetland buffer area, which will be dedicated to the City with the final plat. Mr. Kuennen stated that a variance is required to allow Units 1 and 2 to be constructed an average of 8.5 feet into the 33-foot setback from the wetland boundary. He reviewed the criteria for granting a variance and indicated that the request is consistent with Zoning Ordinance requirements. Mr. Kuennen stated that should the Planning Commission recommend to the City Council approval of the Emerald Professional Center preliminary plat, conditional use permit, and variance, Planning Department staff recommends approval subject Planning Commission Meeting December 8, 2005 Page 5 to the 12 stipulations listed in the December 1, 2005 planning report, and approval of the Findings of Facts dated December 8, 2005. Chair Swecker opened the hearing to the public for comment. Shaun Prendergast, 18298 Kingsway Path Mr. Prendergast's concerns were regarding the location of the driveway access and the traffic volume in this area. Scott Schilling, 17773 Ketchikan Court Mr. Schilling just built a house in the area and wanted to know what type of businesses would be going into the development. He was concerned with the introduction of commercial uses west of the freeway. 05.129 .Motion by Blee, Second by Pattee to close the public hearing at 6:22 p.m. Ayes: Swecker, Detjen, Grenz, Drotning, Blee, Pattee. Nays: 0 Mr. Kuennen stated that a striping plan for Kenyon Avenue has been submitted by the developer to include turn lanes into the proposed development. Mr. Rubash responded to the driveway access concern. He stated that the driveway meets the minimum spacing guidelines to maintain visibility. He indicated that because of the curve of the road, the proposed driveway location was the best for sight visibility and traffic safety. Chair Swecker agreed and was glad to see the driveway access in the proposed location. Commissioner Drotning pointed out that these town offices are very low intensity and asked Mr. Morey to give some history on the zoning of this property.. Mr. Morey presented a brief history of the downzoning that has occurred on property in this area west of the freeway. Commissioner Drotning questioned the wording for Stipulation 11 of the planning report when there is no room on site for any additional parking. Mr. Kuennen stated that he wanted to make it clear that the .lower level may be used for storage only. It was suggested to revise stipulation 11 as follows: • Planning Commission Meeting December 8, 2005 Page 6 11. The lower level areas cannot be converted to office without the construction of additional parking spaces in compliance with Zoning .Ordinance requirements. Commissioner Grenz asked Mr. Tramm what types of businesses he was marketing this project to. Mr. Tramm indicated that insurance companies, financial planning companies and. law firms. Very low intensity uses with few customers and low traffic and parking demand. Commissioner Grenz stated that there would be no need to request a variance if the buildings were smaller. Mr. Rubash stated that the developer has done an excellent job in avoiding impacting the wetland and Engineering staff supports the variance request. Commissioner Drotning stated that he felt the variance was appropriate due to the unique circumstances associated with this property. Mr. Morey expressed his appreciation to Mr. Tramm for his patience and cooperation designing his project given the site constraints. 05.130 Motion by Drotning, Second by Blee to recommend to City Council approval of the Emerald Professional Center preliminary plat of 7 lots, located in the northeast quadrant of 185 Street (CSAH 60) and Kenyon Avenue, a conditional use permit to allow a town office development with a unit lot configuration, and variance from the building setback requirement, subject to the 12 stipulations listed in the December 1, 2005 planning report, as amended, and approval of the Findings of Facts dated December 8, 2005. Ayes: Detjen, Grenz, Drotning, Blee, Pattee, Swecker. Nays:. 0 Item 7. City of Lakeville Chair Swecker opened the public hearing to consider ordinances amending Title 10 (the Subdivision Ordinance) and Title 11 (the Zoning Ordinance) of the Lakeville City Code concerning residential buffer yard lot, setback and screening requirements. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Daniel Licht from Northwest Associated Consultants (NAC) presented the staff report. Mr. Licht stated that at the direction of the City Council, City staff initiated a review of the residential buffer yard requirements of the Zoning Ordinance, in particular the four to six foot high earth berm required as part of the buffer yard Planning Commission Meeting December 8, 2005 Page 7 i screening. He stated that an analysis of the residential buffer yard requirements was prepared as well. as recommended modifications to the width and depth requirements for lots abutting major collector or arterial roadways for review and. discussion by the Planning Commission. Mr. Licht reviewed the four work sessions that the Planning Commission held, including the October 20, 2005 work session where local developers were invited to attend and provide their comments regarding the proposed modifications to the buffer yard standards. Mr. Licht reviewed the existing buffer yard requirements and useable rear yards for lots abutting arterial roadways. He stated that as the buffer yard lot requirements are intended to provide not only the required landscape area but also provide for a minimum useable yard for drainage and recreation, the Planning Commission has determined that the depth of lots abutting arterial streets be increased. Based on these considerations, Mr. Licht then reviewed the revised buffer yard standards that are being proposed. He indicated that the lot depth requirements for the RS-1 and RS-2 Districts are not suggested to be modified as these lots are of sufficient depth to accommodate the required buffer yard. Mr. Licht explained that because the horizontal depth of an earth berm required along major collector streets is 12 feet less than that required for arterial streets, a second set of buffer yard standards could be applied to these lots reflecting the lesser screening standard. He indicated that no change is proposed to the lot depth requirements for lots abutting major collector streets; however, the lot width, and rear and side setbacks have been modified to better accommodate the required berm and functional yard space. Mr. Licht stated that lot depth and width, as well as rear and side setback requirements for all but the RS-1 and RS-2 districts would increase under the proposed ordinance amendment for residential developments abutting arterial streets. Buffer yard setbacks in the RM-1 and RH-1 districts are also proposed to increase. Mr. Licht stated that language. addressing the differential between the grade of the house and grade of the adjacent roadway has been incorporated as part of the draft Zoning Ordinance amendment. Mr. Licht explained the. final two changes to the existing required landscaping standards, which include a .specification on how plant height is to be .measured, which will help ensure the quality, effectiveness and consistency of the plantings within the required buffer yard and between subdivisions, and a requirement that • the developer provide a certified grading plan of the required berm .prior to Planning Commission Meeting December 8, 2005 Page 8 installation of any plantings to ensure that the berm has been properly constructed before installation of plantings makes any changes impractical. Chair Swecker opened the hearing to the public for comment. Rob Wachholz, Tradition Development Mr. Wachholz stated that he found the proposed ordinance revisions troubling and felt that this much uniformity would be hard to apply in all circumstances. He felt that there would be no room for creativity. He felt that the size and mass of the berm was the problem rather than the size of the lot and indicated that there could be acceptable alternatives such as fencing. Mr. Wachholz stated that he drove down France Avenue and 98~ Street in Bloomington prior to the Planning Commission meeting. The homes along these two major roadways have relatively little berming and landscaping in many instances. He indicated that when driving through Lakeville he felt a sense of speed due to the use of berms and landscaping used to separate the homes from the road. Mr. Wachholz indicated that he did not feel that a certified grading plan for • the berms was necessary. 05.131 Motion by Drotning, Second by Pattee to close the public hearing at 7:00 p.m. Ayes: Grenz, Drotning, Blee, Pattee, Swecker, Detjen. Nays: 0 Commissioner Drotning stated that he supports the major collector/arterial street hierarchy for buffer yard requirements. He felt that the proposed ordinance would not compromise creativity. Commissioner Drotning stated that fencing may be appropriate when it is installed with the initial development and with a homeowners association responsible for uniform maintenance. Commissioner Pattee stated that he had some reservations regarding the proposed ordinance changes. He felt that it will raise the cost of the lots and the extra lot width, depth and setbacks will not reduce noise impacts on residential dwellings. He felt there must be a better way to ensure adequate rear and side yard drainage. He felt the proposed ordinance amendment is a noble goal, and he .likes a lot of what the ordinance amendment tries to accomplish, he just feels that this is not the proper way to achieve it. Commissioner Grenz stated that the size of the back yard a family would need depends a lot on the size of the family. He felt that the proposed ordinance changes Planning Commission Meeting December 8, 2005 Page 9 will help reduce traffic noise impacts. Commissioner Grenz supported the as-built survey requirement for berms. Chair Swecker felt that developers have not been constructing the berms consistent with Zoning Ordinance requirements and felt the as-built survey requirement will help staff enforce the berming requirements. Mr. Morey stated that the County is encouraging cities, because of the volume of traffic on County roads, to require greater building setbacks :and landscape buffers on plats adjacent to County roads. Commissioner Detjen stated that people have to think of the ultimate traffic on these roadways, which will not be less. than it is today. Commissioner Blee stated that he likes the idea of bringing buffer yard consistency to developments. He indicated that fencing may work, but only under. the. proper circumstances (location, maintenance). 05.132 Motion by Drotning, Second by Detjen to recommend to City Council approval of the ordinances amending Title 10 (the Subdivision Ordinance) and Title 11 (the Zoning Ordinance) of the Lakeville City Code concerning residential buffer yard lot, setback and screening requirements. Ayes: Drotning, Blee, Swecker, Detjen, Grenz. Nays: Pattee. He felt that the proposed changes will not reduce traffic noise, which is a goal of the City Council. There being no further business, the meeting was adjourned at 7:20 p.m. Respectfully submitted, 'emu V". mil' Penny Br i Recording Secr . y ATTEST: Ke n Swecker, Chair •