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HomeMy WebLinkAbout08-19-04 CITY OF LAKEVILLE • Planning Commission Meeting Minutes AUGUST 19, 2004 The August 19, 2004 Planning Commission meeting was called to order by Chair Stolte in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Pattee, Swecker, Stolte, Detjen, Grenz, Reuvers. Absent: Drotning, ex-officio Arvidson. Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Jay Rubash, Assistant City Engineer; Daniel Licht, Northwest Associated Consultants; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The August 5, 2004 Planning Commission meeting minutes 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. August 18, 2004 Parks, Recreation and Natural Resources Committee Meeting Motions regarding the Stone Borough Preliminary Plat. 2. E-mail from Pat Lynch of the DNR listing his comments regarding the Stone Borough preliminary plat. ITEM 5. CONSENT AGENDA 04.97 Motion by Swecker, Second by Pattee to recommend to City Council approval of the August 19, 2004 Planning Commission Consent Agenda as follows: Approve the application of Mazen and Barbara Jodeh for an extension of a Special Home Occupation Permit to allow the operation of a photo studio from their single family home located at 17131 Jefferson Avenue. Ayes: Pattee, Swecker, Stolte, Detjen, Grenz, Reuvers. Nays: 0 Planning Commission Meeting August 19, 2004 Page 2 • ITEM 6. DONNELLY FARM Daryl Morey stated that Tollefson Development is requesting the revised Donnelly Farm preliminary plat plans be reviewed by the Planning Commission at the September 9, 2004 Planning Commission meeting to address the Planning Commission's concerns pertaining to the single-family lot widths, the design of the proposed single-family homes and the exterior construction materials and design. of the townhomes. 04.98 Motion by Detjen, Second by Grenz to reconsider the Donnelly Farm preliminary plat at the September 9, 2004 Planning Commission meeting on the grounds that the developer has made significant changes to the plat and that new information pertaining to the plat will be presented to the Planning Commission. Ayes: Swecker, Stolte, Detjen, Grenz, Reuvers, Pattee. Nays: 0 ITEM 7. JOHN WEINEL Chair Stolte opened the public hearing to consider the request of John Weinel for a Conditional Use Permit to allow the construction of a detached accessory building greater than 1,100 square feet for an indoor swimming pool in the RS-3, Single Family Residential District,. located at 9928 Oak Shore Drive.. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. John Weinel, along with Tim Sullivan from RDC Architects were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Weinel presented an overview of the project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that John Weinel submitted an application for a conditional use permit to allow the construction of an oversized detached accessory building for an indoor swimming pool on his property. Mr. Dempsey reviewed the history of the property, including the vacation of the drainage and utility easement between Lots 6 and 7 so they could be combined into a single parcel in 1996. He indicated that the impervious surface area with the proposed accessory building will not exceed 25% due to the applicant's proposal to remove existing driveway pavement and concrete walkway and patio area on the property in conjunction with this conditional use permit request. Mr. Dempsey stated that the proposed accessory building will be connected to the house with a Planning Commission Meeting August 19, 2004 Page 3 wooden or composite material deck walkway with 3/8-inch gaps in the decking to .allow water to permeate between the deck boards with an open roofed arbor constructed over the walkway. Mr. Dempsey indicated that the new accessory building will be constructed of the same gray aluminum siding and dark gray asphalt roof shingles as the house. Mr. Dempsey stated that the property owner has agreed to increase the side and rear setbacks to exceed the minimum requirements to lessen impacts to adjacent property owners. Mr. Dempsey indicated that the proposed accessory building will include a lower level that will have a bathroom, laundry room, and mechanical room. There will be a stipulation in the conditional use permit that the attached accessory building shall at no time be used as permanent or temporary living quarters. Mr. Dempsey stated that there is an existing detached accessory building on the property that must be removed prior to the issuance of a building permit. In addition, the existing retaining wall located in the Oak Shore Drive right-of-way • must be removed and reconstructed on the Weinel property according to the grading plan dated August 5, 2004. Mr. Dempsey indicated that atwo-tiered retaining wall has been designed by a structural engineer and will be constructed to support the proposed accessory building on the east side of the site. He stated that a building permit is required for this retaining wall. Mr. Dempsey stated that the Department of Natural Resources was sent a copy of the public hearing notice and conditional use permit plans and has not expressed opposition to the proposed conditional use permit. Mr. Dempsey stated that the provisions of the Zoning Ordinance for conditional use permits have been considered and have been satisfactorily met. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Conditional Use Permit, Planning Department staff recommends approval subject to the 9 stipulations listed in the August 13, 2004 planning report, and approval of the Findings of Fact dated August 19, 2004. Chair Stolte opened the hearing to the public for comment. • There were no comments from the audience. Planning Commission Meeting August 19, 2004 Page 4 04.99 Motion by Pattee, Second by Reuvers to close the public hearing at 6:13 p.m. Ayes: Stolte, Detjen, Grenz, Reuvers, Pattee, Swecker. Nays: 0 Commissioner Swecker stated that she felt the screening was good and that the proposed location was the bet on the site for the pool house. She confirmed that if the total accessory building area would have been less than 1,100 square feet, a CUP would not have been required. As part of their review of the CUP request, staff and the Planning Commission must address the existing non-conformities on the site. 04.100 Motion by Reuvers, Second by Swecker to recommend to City Council approval of the Weinel Conditional Use Permit to allow the construction of a detached accessory building for an indoor swimming. pool greater than 1,100 square feet in the RS-3, Single Family Residential District, located at 9928 Oak Shore Drive, subject to the 9 stipulations listed in the August 13, 2004 planning report, and approval of the Findings of Fact dated August 19, 2004. Ayes: Detjen, .Grenz, Reuvers, Pattee, Swecker, Stolte. Nays: 0 ITEM 8. STONE BOROUGH Chair Stolte opened the public hearing to consider the request of Progress Land Company Inc.. for the following actions on property located east of Dodd Boulevard (C.R. 9) and north of 215th Street {C.R. 70): A. Preliminary plat of 124 row style attached townhouse units and 43 detached townhouse units to be known as Stone Borough; B. Conditional Use Permit to allow a 50-foot wide right-of-way and 28 foot wide street section within the RM-1, Medium Density Residential District. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Ben Ford from Rehder and Associates, Inc. requested that the. planning report be presented first since John Stainbrook, from Progress Land Company, Inc. had not yet arrived at the meeting. Daniel Licht from Northwest Associated Consultants (NAC) presented the planning report. Mr. Licht stated that Progress Land Company has requested preliminary plat approval of a 167-unit townhome development, which will consist • of 124 raw style townhouse dwellings and 43 detached townhome dwelling units. Mr. Licht indicated that along with the preliminary plat request, the applicant has Planning Commission Meeting August 19, 2004 Page 5 requested approval of a conditional use permit to allow a 50-foot wide right-of-way and a 28-foot wide street section. Mr. Licht stated that establishing the location of the public streets within this property is necessary for the City's planned improvement project to extend trunk sanitary sewer from Golden Pond 1St Addition through the subject site and then west along CSAH 70 to provide gravity sanitary sewer service to the Chadwick Farm subdivision and Lakeville South High School. Mr. Licht indicated that the subject site is zoned RM-1, Medium Density Residential District consistent with the Comprehensive Plan. He stated that the proposed development plan is compatible with existing and planned land uses on the surrounding properties. Mr. Licht stated that the primary access to the subject site would be from the west via Dodd Boulevard (CSAH 9) and from the north via an extension of Hyacinth Avenue. He indicated that the preliminary plat provides a 50-foot east half right- of-way for Dodd Boulevard and ten-foot trail easement, which has been approved by the Dakota County Plat Commission. Mr. Licht stated that secondary access to the subdivision is available with a connection to existing Hyacinth Avenue, which is stubbed to the north plat line within the Golden Pond subdivision. He indicated that the subdivision has made a provision for future street access to the exception properties located northwest of the site. Mr. Licht stated that the proposed street configuration is dictated in large part by the shape of the property and access limitations. He indicated that the need for the conditional use permit for the reduced right-of-way and street section widths is related to the South Creek and wetland buffering requirements. Mr. Licht stated that the provisions of the Zoning Ordinance for conditional use permits have been considered and have been satisfactorily met. Mr. Licht indicated that the private drives and the number of dwellings and/or number of buildings along each side of the private drives are consistent with Zoning Ordinance requirements. Mr. Licht indicated that the Stone Borough preliminary plat lot area, lot width, and building setbacks all meet Zoning Ordinance requirements. However, the preliminary plat must be modified to identify adequate area to accommodate a deck or porch for each dwelling in compliance with setback requirements. Mr. Licht stated that detailed building elevations and floor plans have been • submitted for the row style and detached townhomes. He indicated that the plans Planning Commission Meeting August 19, 2004 Page 6 • must be revised to include exterior materials calculations in compliance with Zoning Ordinance requirements. Mr. Licht stated that an overall site landscape plan has been submitted with the preliminary plat. He stated that the landscape plan must be revised to address the issues listed in the August 13, 2004 planning report. Mr. Licht indicated that 3.66 acres of association owned and maintained open space has been provided in compliance with Zoning Ordinance requirements. Mr. Licht indicated that the City's Park, Trail and Open Space Plan identifies the need for a neighborhood park in the northeast corner of the subject site. The preliminary plat identifies parkland dedication in the northeast corner of the site. The area within the park parcel taken by wetlands, ponds or required buffers is not credited toward meeting the park dedication requirement. The Parks, Recreation and Natural Resources Committee reviewed the Stone Borough preliminary plat at their August 18, 2004 meeting. The recommendations from that meeting were distributed to the Planning Commission and staff at tonight's meeting. Mr. Licht stated that there is a 50-foot buffer required for South Creek, which is a designated trout stream that borders the south side of the subject site. He indicated that a 10-foot wide bituminous trail is proposed adjacent to the South Creek buffer area as an extension of the South Creek greenway corridor system, which will connect to downtown Lakeville to the north and Lakeville South High School to the west. Mr. Licht addressed the DNR items listed in the August 17, 2004 e-mail from Pat Lynch and recommended consideration of the following additional stipulations: 19. The boundaries of the Shoreland Overlay District shall be identified on the preliminary plat. 20. Maximum impervious surface coverage within the Shoreland Overlay District is 25 percent. The preliminary plat plans must be revised to identify the impervious surface area within the Shoreland Overlay District. 21. All dwelling units shall have a first floor elevation at least one foot above the regulatory flood elevation. Mr. Licht stated that should the Planning Commission recommend to the City Council approval of the Stone Borough preliminary plat and Conditional Use Permit, Planning Department staff recommends approval subject to the 18 Planning Commission Meeting August 19, 2004 Page 7 • stipulations listed in the August 13, 2004 planning report, along with the addition of stipulations 19-21, and approval of the Findings of Fact dated August 19, 2004. Mr. Stainbrook presented an overview of the project and indicated that regarding stipulation#2 of the planning report, has initiated a discussion with. the exception property owner regarding relocating the existing driveway access off of Dodd Boulevard. Chair Stolte opened the hearing to the public for comment. The following people voiced their questions and concerns: Kaye Olson, 8972 - 212th Street ? Ms. Olson lives in the Golden Pond development. She wanted to know who the builder would be for the Stone Borough development. She and many of her neighbors are very upset with the builder of the townhomes in Golden. Pond, Keyland Homes, because of their lack of follow-up to concerns they have raised about their building construction. • Michael Webb, 8960 - 212th Street ? Mr. Webb wanted the existing berm and trees to remain along the north edge of the Stone Borough property. Karen Thomes, 9264 - 215th Street ? Ms. Thomes wanted to know why attached townhomes are proposed in the southwest corner of the development instead of detached townhomes. She wanted to know if Lot 14, Brookside Estates First Addition was a City owned lot and is it a buildable lot. She expressed concern about traffic. at the CSAH 9/CSAH 70 intersection, especially after the new high school opens. Linda Nytes, 9076 - 212th Street Ms. Nytes wanted to be sure that the existing oak trees along the north line of the Stone Borough property would not be removed. ? She felt there would be too much traffic on Hyacinth Avenue with only two accesses proposed for the Stone Borough development. • Planning Commission Meeting August 19, 2004 Page 8 Hilbert Bakn, 9024 - 212th Street Mr. Bahn wanted assurance that the Stone Borough development would have adequate sanitary sewer service. Virginia Stensrud, 8856 - 212th Street ? Ms. Stensrud wanted to be sure that the trees on her lot do not get removed by the developer. She said they are scrub trees, but they provide her with some privacy. ? She wanted to know if the townhomes would be rental units. Roy Bressler, 9175 - 215th Street ? Mr. Bressler lives in Brookside Estates and wanted to know more about the proposed greenway corridor along the creek and how far the trail will be from the creek. ? He wanted to know ifthe proposed 28-foot wide streets were a standard • width. Andrea Myers, 8816 - 212th Street ? Ms. Myers wanted to let the Planning Commission and John Stainbrook know that Keyland "builds lemons." ? She wanted to be sure that the trees on her property would not be removed. Tom Amundson, 9105 - 215th Street ? Mr. Amundson was concerned about the water table in the southeast corner of the plat. Daniel Rousseau, 9167 - 215th Street ? Mr. Rousseau wanted to know the cost of the townhomes and if they will be compatible with the surrounding area. ? He wanted to know if the Stone Borough lot sizes match up with the twinhome lot sizes in the Golden Pond development. • Planning Commission Meeting August 19, 2004 Page 9 Marvin Vinje, 9194 - 212th Street ? Mr. Vinje was concerned with the aesthetics of the row townhouses. ? He wanted to know whom these townhomes would be marketed to. ? He feels that there are too few street accesses for this development. 04.101 Motion by Swecker, Second by Reuvers to close the public hearing at 7:08 p.m. Ayes: Grenz, Reuvers, Pattee, Swecker, Stolte, Detjen. Nays: 0 The Planning Commission and the developer addressed the public's concerns and questions. Mr. Stainbrook indicated that a tree preservation plan has been prepared for the Stone Borough plat. Significant trees six inches or greater in diameter were identified on the plan and there were no oak trees identified within the preliminary plaf boundaries. He indicated that most of the significant trees are box elders. He identified on the plan those trees along the north plat boundary that are proposed to be saved. Mr. Stainbrook stated that there are not any significant elevation changes proposed on the north side of the plat. Mr. Ford indicated that the grading is proposed to tie into the adjacent lots to the north and that the existing drainage area will be maintained. Mr. Rubash explained to the residents the trunk sanitary sewer location. He indicated that sanitary sewer to serve the single-family lots in Brookside Estates would be from the adjacent I-1 zoned parcel to the east. Mr. Licht addressed the landscaping and transition issues. He explained that the transition requirement does not apply within the same plat. Mr. Licht also explained the proposed trail connections and setbacks. He indicated that the wetlands within the plat would not be impacted by this development. Mr. Rubash stated that the City owns Lot 14, Brookside Estates First Addition and will construct the trunk sanitary sewer line through it. Mr. Stainbrook addressed the townhouse unit prices, marketing, and ownership. • He indicated that the detached townhomes would be similar to the Wild Meadow Planning Commission Meeting August 19, 2004 Page 10 Villas plat west of Dodd Boulevard. He stated that they are platting and marketing these townhomes as owner-occupied units. Mr. Licht and Mr. Rubash addressed the proposed street connections and traffic Mr. Licht explained the reasoning behind the 28-foot wide streets. He suggested that parking be permitted on only one side of the public street and private drives to make them more accessible to emergency vehicles. Mr. Rubash stated that Dakota County will decide if/when traffic signals would be installed at the CSAH 9/CSAH 70 intersection. He indicated that the traffic that will be generated by the Stone Borough plat will be within the capacities of the streets serving the development. Commissioner Swecker asked about the northwest street stub to the exception parcels. Staff indicated that this will accommodate the possible future re-development of the three exception parcels. Commissioner Grenz agreed that there should be no parking on one side of the 28- foot wide streets. Mr. Rubash stated that the proposed building pads meet Zoning Ordinance requirements in terms of the 100-year floodplain elevation. The neighbors in attendance at the Planning Commission meeting indicated that they would prefer the pond in the location proposed on the plat adjacent to the twinhomes in the Golden Pond subdivision. Chair Stolte and Mr. Rubash explained to the residents that the "pond" identified on the grading and drainage plan on the north side of the plat is an infiltration basin that is not designed to hold water for significant periods of time. Chair Stolte expressed appreciation for the residents expressing their frustration with Keyland Homes, however, that is a building code issue. He stated that the Planning Commission addresses Zoning and Subdivision requirements in their review of plat applications. He stated that many of the resident questions and concerns could have been addressed if the developer hosted a neighborhood meeting prior to the public hearing. Mr. Morey stated that it is the City's practice to have the developer host a neighborhood meeting prior to the Planning Commission public hearing; however, due to time constraints associated with construction of the trunk sanitary sewer line to serve the new high school, there was not adequate time in this instance. Commissioner Swecker indicated to the audience that she was glad to see so many people attend. the Planning Commission meeting. Commissioner Swecker stated Planning Commission Meeting. August 19, 2004 Page 11 that she would like landscaping added to the front yard of Lot 2, Block 1 to keep headlights from shining into this detached townhome. She felt the guest parking was adequately disbursed throughout the development. Mr. Stainbrook indicated that the time frame for the Stone Borough development would probably be two phases with marketing the first phase in early Spring of 2005. Mr. Morey stated that grading and installation of the trunk sanitary sewer would likely begin next month after City Council approval. The Planning Commission agreed to the following stipulation: 22. "No parking" signs shall be installed on one side of the 28-foot wide streets and staff shall review the possibility of the developer installing "Fire Lane" signs on one side of the private through streets. 04.102 Motion by Reuvers, Second by Pattee to recommend to City Council approval of the Stone Borough Preliminary Plat of 124 row style attached townhouse units and 43 detached townhouse units, located east of Dodd Boulevard (CSAH 9) and north of 215 Street (CSAH 70), and Conditional Use Permit to allow a 50-foot wide right- of-way and 28 foot wide. street section within the RM-1, Medium Density Residential District, subject to the 18 stipulations listed in the August 13, 2004 planning report, along with the addition of stipulations 19-22, and approval of the Findings of Fact dated August 19, 2004. Ayes: Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz. Nays: 0 ITEM 9. NEW BUSINESS Mr. Morey reminded the Planning Commission that the September Planning Commission meetings have been rescheduled to September 9 and 23. There being no further business, the meeting was adjourned at 8:07 p.m. Respectfully submitted, ATTEST: Penny B , Recordi ecretary Lowell Miller Stolte, Chair • Meeting Notes Planning Commission Work Session Thursday, August 19, 2004 Marion Conference Room The Planning Commission work session commenced at 8:20 p.m. in the Marion Conference Room at City Hall. Commissioners Present: Lowell Miller Stolte, Gerry Grenz, Steve Pattee, Paul Reuvers, and Kerrin Swecker. Staff Present: Planning Director Daryl Morey, Planning Consultant Daniel Licht of NAC, and Assistant City Engineer Jay Rubash. Also Present: Tip Enebak, Rob Wachholz and Marc Putnam representing Tradition .Development,. Bob Shaw with the St. Paul Pioneer Press, and Robert Erickson. The Tradition Developmenf representatives presented their workshop discussion outline. They stated that they would like to discuss the Planning Commission's observations from the Brandtjen Farm an-site tour held on June 23, 2004 and the bus tour held on July 22, 2004. They also would like to receive feedback on the specific design elements • the Planning Commission would like to study and discuss further at future work sessions. The Planning. Commission identified the following issues they would like to discuss in more detail at future work sessions: Public versus private ownership and maintenance of common areas Tradition Development representatives. stated that they are considering a homeowners association format utilizing a Master HOA and Sub-HOAs. The Master HOA would be responsible for all common areas, identification signs, and everything of broad value to the overall development. The Master HOA would also establish the maintenance budget for these elements. The Sub-HOAs would be responsible. for items unique to a particular neighborhood as well as the maintenance of individual units/lots.. The members of the Sub-HOAs or each Sub-HOA as a group would comprise the members of the Master HOA. The Planning Commission requested that the developer provide details on the structure. of the proposed Master and Sub-HOAs for future work session discussion. The Planning Commission also suggested the future work session(s) include a discussion on the differentiation between public ownership, private ownership, and publicly accessible/privately maintained elements proposed within the development. • Planning Commission Work Session Brandtjen Farm August 19, 2004 • Alleys The Planning Commission cited concerns related to alley width, emergency vehicle accessibility, snow removal (snow may have to be trucked off site), and relationship to guest parking. City staff will contact officials in cities with developments that have alleys to discuss what works and what doesn't. Traffic Circles The Planning Commission requested that additional information be provided on how .traffic circles function. In addition, they want to study more closely the location of the proposed traffic circle off of 170th Street and its proximity to the intersection. It was agreed that the developer would invite their traffic circle expert to a future work session to provide more detailed information. The transportation staff person with City engineering. consultant WSB would also be present. Commercial Development . The Planning Commission expressed the need to identify the potential neighborhood type of commercial uses that will be allowed adjacent to the historic farmstead/community center. Would they follow an existing commercial district (i.e. C-1 or O-R} or should a new "district" be created that includes uses from one or more of the existing commercial districts? The developer discussed several of the concepts they are considering for reuse of the existing farmstead buildings as a focal point of the project. Staff suggested that the PUD District anticipated to govern uses within the development could be structured to include a list of allowed uses for the farmstead area with a statement that other uses not listed could be allowed upon approval of the City Council as an amendment of the PUD District. The Planning Commission also stated the need to more clearly define the commercial development on the north-northeast side of the site, which will occur later in the project development. Mining Impacts The impacts of the active Nordic Square aggregate processing area. adjacent to the initial development phases in Brandtjen Farm must be reviewed further. The impacts from existing and proposed aggregate mining activities immediately east of Brandtjen. Farm in Empire Township should also be reviewed. Staff will prepare an outline of discussion items for future Planning Commission work sessions in coordination with the developer. It was agreed that the .September work • session would focus on transportation issues (traffic circles, alleys,. etc.). 2 Planning Commission Work Session Brandtjen Farm August 19, 2004 • ..The work session was adjourned at 10:00 p.m. spectfully submitted, Daryl rey, Plan g Director • • 3