HomeMy WebLinkAbout05-22-08 CITY OF LAKEVILLE
Planning Commission Meeting Minutes.
MAY 22, 2008
The May 22, 2008 Planning Commission meeting was called to order by Vice Chair
Davis in the City Hall Council Chambers at 6:00 p.m.
Flag pledge and roll call of members:
Present: Manikowski, Lillehei, Davis, Pattee, Grenz, Blee, Ex-officio Bussler.
Absent: Drotning, Glad.
Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Jay Rubash, Assistant City Engineer; and Penny Brevig, Recording Secretary.
ITEM 3. APPROVAL OF MEETING MINUTES:
Vice Chair Davis suggested the following change to paragraph 2, page 3 of the May
1, 2008 Planning Commission minutes.
"...game of softball or baseball if they wanted to try to hit cars on a busy
road today liven the proximity of the field to County 50. He was not as
concerned with the unintended use of this proposed new LNHS softball
field."
The May 1, 2008 Planning Commission meeting minutes were approved as
amended.
The .May 1, 2008 Planning Commission work session notes were approved as
presented.
ITEM 4. ANNOUNCEMENTS:
Mr. Morey indicated that the following items were distributed to the Planning
Commission at tonight's meeting:
A. The May 21, 2008 Parks, Recreation and Natural Resources Committee
meeting motions regarding the Highview Hills final plat and final stage
planned unit development, and the Spirit of Brandtjen Farm Lakepointe
2nd Addition preliminary and final plat.
B. Letter from Tradition Development supporting the Spirit of Brandtjen
Farm Lakepointe 2nd Addition preliminary and final plat (agenda item
#7).
C. Full size site lighting plan for the First Park Lakeville Spec building,
along with colored renderings of the preliminary and final site plan and
building elevations (agenda item #8).
Planning Commission Meeting
May 22, 2008
Page 2
Mr. Morey reminded the Planning .Commission members about the special
Planning .Commission work session next week on May 29~ starting at 5:30. p.m.
with dinner. being provided.
ITEM 5. CONSENT AGENDA
08.49 Motion was made and seconded to recommend to City Council approval of the
May 22, 2008 Planning Commission Consent Agenda as follows:
A. Approve the request of Welsh Companies for a final plat and.final stage
planned unit development to be known as Highview Hills, located north
of 202nd Street (C.R. 50) and- east of Highview Avenue.
Ayes:. Manikowski, Lillehei, Davis, Pattee, Grenz, Blee.
..Nays: 0
ITEM 6. TRACY JACKSON
Vice Chair Davis opened the public hearing to consider the application of Tracy
Jackson for a Special Home Occupation Permit to allow a massage therapy use in
her single family residence, located at 16429 Gladiola Avenue.. The Recording
Secretary attested that the legal notice had been duly published in accordance with
State Statutes and City Code.
Ms.'Jackson presented an overview of her request.
.Planning Director Daryl Morey presented the planning report. Mr. Morey
reviewed the provisions that all permitted and special home occupations must
conform to, as listed in Chapter 32 of the Zoning Ordinance. He indicated that Ms.
Jackson will be the only one employed with the home occupation and the proposed
massage therapy use will be conducted in a room located on the main level of the
home. Mr. Morey stated that during the inspection of Ms. Jackson s home it was
determined that a modification to the steps leading to the front entry is required.
Ms. Jackson has already made the modification.
Mr. Morey stated that staff recommends approval of the Special Home Occupation
Permit, subject to the 8 stipulations listed in the May 14, 2008 planning report, and
approval of the Findings of Fact dated May 22, 2008.
Vice Chair Davis opened the hearing to the public for comment.
There were no comments from the audience.
Planning Commission Meeting
May 22, 2008
Page 3
08.50 Motion was made and seconded to close the public hearing at 6:08 p.m.
Ayes: 6 Nays: 0
08.51 Motion was made and seconded to recommend to City Council approval of Tracy
. Jackson's Special Home Occupation Permit to allow a massage therapy use in her
single family residence, located at 16429 Gladiola Avenue, subject to the 8
stipulations listed in the. May 14, 2008 planning report,. and approval of the
.Findings of Fact dated May 22, 2008.
Ayes: Lillehei, Davis, Pattee, Grenz, Blee, Manikowski
Nays: 0
ITEM 7. SPIRIT OF BRANDTJEN FARM LAKEPOINTE 2ND ADDITION (Tabled at .the May
1, 2008 Planning Commission Meeting)
Vice Chair Davis opened the public hearing to consider the application of Charles
Cudd Company for the following, located west of Eagle View Drive within the
southwest corner of the Spirit of Brandtjen Farm (SBF) development: A.
Preliminary and final plat of 6 lots to be known as Spirit of Brandtjen Farm
Lakepointe 2nd Addition; B. Vacation of a .public drainage and utility easement.
The Recording Secretary attested that the legal. notice had been duly published in
accordance with State Statutes and City Code.
John Sonnek from Charles Cudd Company presented an overview of their project.
He indicated that the economy and the current housing market are dictating the
change in townhome units requested with this preliminary and final plat.
Planning Director Daryl Morey presented the. planning report. Mr. Morey stated
that Charles Cudd Company has submitted an application to replat a small block of
the Spirit of Brandtjen Farm 2nd Addition from two, three unit townhome building
lots and one common area lot (seven lots total). to three detached townhome lots,
one, two unit townhome building lot and one common area lot (six lots total). He
indicated that the lots being considered for replatting are Lots 1-7, Block 5, SBF 2nd
Addition.
Mr. Morey stated that the proposed replat reduces the number of dwelling units in
the area by one, thus reducing density in the area and maintaining consistency with
the SBF Land Use Plan and previous approvals allowed .under the Key Flexibilities
of the SBF PUD Booklet.
Planning Commission Meeting
May 22, 2008
Page 4
Mr. Morey stated that the proposed re-plat requires the original boundary
easements be vacated with new drainage and utility easements included on the
Spirit of Brandtjen Farm Lakepointe 2nd Addition final plat around the perimeter of
the common lot and over all public infrastructure.
Mr. Morey reviewed the proposed building setbacks and indicated that a reduced
(15 foot) side yard setback between the detached townhomes, consistent with the
side yard setbacks for cottage single family lots,. is acceptable to staff. He stated
that staff .recommends that the submitted plans be revised to conform to the 20 foot
setback required :between the two unit building on Lots 1 and 2 and the detached
townhome building on Lot 3. Mr Morey indicated that they have submitted
revised plans prior to tonight's meeting which comply with the building setbacks
listed in Stipulations 2 and 3 of the May 12, 2008 planning report. Mr. Morey
displayed a building elevation streetscape of the proposed buildings and indicated
that the transition from the three unit townhome buildings to the north to the single
family cottage homes to the south is appropriate.
Mr. Morey indicated that a revised landscape plan addressing streetscape, yard and
foundation plantings must be submitted for the proposed Lakepointe 2nd Addition
reflecting the revised dwelling unit types and layout.
Mr. Morey stated that staff recommends approval of the Spirit of Brandtjen Farm
Lakepointe 2nd Addition preliminary and final plat, and easement vacation, subject
to the 6 stipulations listed in the May 12, 2008 planning report.
Vice Chair Davis .opened the hearing to the public for comment.
There were no comments from the audience.
08.52 Motion was made and seconded to close the public hearing at 6:18 p.m.
Ayes: 6 Nays: 0
Commissioner Grenz commented that when looking at the streetscape, the distance
between the 3 unit building to the north and the proposed 2 unit building looked
like more than 20 feet. Mr. Morey explained that the distance between these two
townhome buildings will be greater than the required 20 feet due to an outlot with
a storm sewer pipe located between the two buildings.
Planning Commission Meeting
May 22, 2008
Page 5
08.53 Motion was made and seconded to recommend to City Council approval of the
Spirit of Brandtjen Farm Lakepointe 2nd Addition preliminary and final plat and the
vacation of a public drainage .and utility easement, subject to the 6 stipulations
listed in the May 12, 2008 planning report.
Ayes: Davis, Pattee, Grenz, Blee, Manikowski, Lillehei.
Nays: 0
ITEM 8. FIRST PARK LAKEVILLE (Tabled at the May 1 2008 Planning Commission
meeting)
Vice Chair .Davis opened the public hearing to consider the application of First
Industrial Realty Trust, Inc. for the following, located south of 215 Street (CSAH
70) and east of Dodd Boulevard (CSAH 9): A. Comprehensive Plan amendment to
modify the Staged MUSA Expansion Areas Map to bring a portion of the subject
property into the current MUSA; and B. Preliminary ..plat of ten lots .and seven
outlots, and consider the final plat of one lot and six outlots to be known. as First
Park Lakeville. The Recording Secretary attested that the legal notice had been
duly published in accordance with State Statutes and City Code.
Dan Vogel, Development Manager presented an overview of their project.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the proposed first phase final plat will include one office/warehouse
spec building on Lot 1, Block 1 and the proposed phase two final plat of Lot 10 of
the preliminary plat will include anoffice/warehouse building to be occupied by
Uponor. He indicated that the phase two final plat of the Uponor lot is proposed to
be submitted following Metropolitan Council approval of the Comprehensive Plan
Amendment to bring the south third of the preliminary plat into the current MUSA.
Mr. Dempsey stated that future build-out is estimated to include up to 1.4 million
square feet of building floor area for the whole First Park Lakeville development.
Mr. Dempsey stated that the developer has submitted an application requesting the
approval of a Comprehensive Plan amendment to bring the south approximately 48
acres into the current MUSA. He indicated that while the north half of the
proposed Uponor building is located in .the current MUSA, staff recommends
bringing the entire proposed area into the current MUSA at this time. The draft
2008 Comprehensive Plan proposes bringing this area into the current MUSA. The
remainder of the First Park Lakeville preliminary and final plat is located in the
current MUSA.
.Planning Commission Meeting
May 22, 2008
Page 6
Mr. Dempsey stated that the one lot on the final plat exceeds the minimum lot area
and lot width requirements .for the I-1, Limited Industrial District. He indicated
that the building setback requirements of the I-1 District are being met with the
proposed site plans for Lot 1 and the future Uponor lot.
Mr. Dempsey stated that .the City .Council adopted the Final AUAR including
mitigation plan and responses to comments at their May 5, 2~0$ meeting. He
indicated that the City Council also provided a negative declaration on the need for
an Environmental Impact Study.
Mr. Dempsey reviewed the streets that are proposed with and abut the First Park
Lakeville plat. He indicated that the .preliminary and final plat of First Park
Lakeville includes the eventual construction of Humboldt Road to access 215
Street (CSAH 70), and construction of 217 Street and 220 Street to connect with
Dodd Boulevard (CSAH 9). The first phase construction is proposed to include the
construction of the 217 Street connection to Dodd Boulevard and Humboldt Road.
Mr. Dempsey reviewed the tree preservation and the park dedication requirements
for the proposed First Park Lakeville project. He indicated that there are no
wetlands on the property:
Mr. Dempsey indicated that the proposed landscape materials meet the material
and design guidelines of the Corridor Gateway and Design Study. He stated that
.landscaping for future lots will be completed as they are preliminary and final
platted and following the approval of site and landscape plans.
Mr. Dempsey stated that the developer of the spec building may apply for a
parking deferment to allow the construction of less than the total number of
required parking spaces. He indicated that the proposed parking spaces meet the
requirements of the Zoning Ordinance. A parking deferment contract will be
considered for administrative approval by the Planning Department prior to or in
conjunction with the issuance of a building permit or Certificate of Occupancy.
Mr. Dempsey stated that the preliminary and final plat plans propose possible
accessory outdoor storage. He indicated that all outdoor storage must meet setback
requirements and include screening from public right-of-way as required by the
Zoning Ordinance.
Mr. Dempsey indicated that a photometric lighting plan has been distributed at
tonight's meeting for Lot 1 of the final plat, along with colored renderings of the
preliminary and final plat and building elevations.
Planning Commission Meeting
May 22, 2008
Page 7
Mr. Dempsey stated .that the preliminary and final plat plans do not include plans
for outdoor trash containers at this time. The building permit plans and .site plans
must include outdoor. trash enclosure details that comply with Zoning Ord_ finance
requirements.
Mr. Dempsey reviewed the building design and architecture of the two buildings
which are proposed to be built this year, along with the mechanical equipment. He
indicated that the developer is intending to pursue Leadership in Energy .and
Environmental Design (LEED) Green Building Rating System certification on one or
both of the proposed buildings in the first phase. Mr. Dempsey explained what
this involves and the benefits. The proposed building exteriors meet Zoning
Ordinance requirements.
Mr. Dempsey stated that should the Planning Commission recommend to the City
Council approval of the Comprehensive Plan amendment, preliminary plat and
.final plat, Planning Department staff recommends approval subject to the 16
stipulations listed in the May 16, 2008 planning report.
Vice Chair Davis opened the hearing to the public for comment.
Jrm Sauber, 17227 Harrington Way
Mr. Sauber's concerns:
? Would like to see the AUAR report.
? Was concerned about the accesses to the lots. He felt that there should be no
accesses off of Dodd Boulevard for safety reasons.
? If access is allowed to Dodd Boulevard, he wanted turn lanes: constructed at
each intersection.
08.54 Motion was made and seconded to close the public hearing at 6:46 p.m.
Ayes: 5 Nays: 1- Lillehei
Assistant City Engineer Jay Rubash addressed the concerns of Mr. Sauber. Mr.
Rubash explained the review procedure for storm water run-off, the proposed
infiltration basins and he indicated that the AUAR is a public document that can be
viewed at City Hall or the Dakota County Heritage Library.
Mr: Rubash agreed that Dodd Boulevard is a difficult road in its present design and
that the City will work with Dakota County to insure traffic safety. He indicated.
that the only accesses on Dodd Boulevard will be on Humboldt Avenue, which
Planning Commission Meeting
May 22, 2008
Page 8
turns into 220 Street at Dodd Boulevard, and 217 Street. Mr. Rubash stated that
220 Street, which is located adjacent to the south property line, will not be
constructed until a later date, after the Elko/New Market interceptor is installed.
Commissioner Lillehei `asked Mr, bempsey to show the Planning Commission
exactly the portion of the First Park Lakeville project the developer is asking to be
approved at tonight's meeting. Mr. Dempsey indicated the preliminary plat with
the full potential development often lots. The proposed final plat only includes the
development of Lot 7 of the preliminary plat (the spec building). Future additions
must be final platked consistent with the preliminary plat as they are proposed for
development.
The .construction of turn lanes on Dodd Boulevard at 217 Street prior to a
Certificate of Occupancy for the spec building will be required. The turn lanes on
Dodd Boulevard at 220 Street will be required prior to a Certificate of Occupancy
for the Uponor building.
Commissioner Grenz asked the developer to explain what types of industry the
developer anticipates being developed in First Park Lakeville. Mr. Vogel indicated
that it would be market driven but they are currently anticipating warehouse
distribution centers. He stated they have no specific tenant yet for the spec
building.
Commissioner Blee confirmed with staff that there was sufficient semi vehicle
turning areas to access the loading docks. Mr. Dempsey stated that the turning
radius meets the design requirements in the Zoning Ordinance for semi trucks and
emergency vehicles.
-08.55. Motion was made and seconded to recommend to City Council approval of the
Comprehensive Plan amendment to modify the Staged MUSA Expansion Areas
Map to bring a portion of the subject property into the Current MUSA, approve the
preliminary plat of ten lots and seven outlots, and approve the final plat of one lot
and six outlots to be known as First Park Lakeville, subject to the 16 stipulations
listed in the May 16, 2008 planning report.
There was further discussion prior to the. roll call vote. Commissioner Lillehei
questioned how the Planning Commission can recommend approval of the
preliminary and. final plat of First Park Lakeville prior to the Metropolitan Council
approving the Comprehensive Plan amendment. Mr. Morey explained that the
Metropolitan Council will not consider the Comprehensive Plan amendment until
after City Council approval. The First Park Lakeville preliminary plat will be
Planning Commission Meeting
May 22, 2008
Page 9
contingent upon Metropolitan Council approval of the. Comprehensive Plan
amendment.
Ayes: Pattee, Grenz, Blee, Manikowski, Lillehei, Davis.
Nays: 0
ITEM 9. CITY OF LAKEVILLE
Vice Chair. Davis opened the public hearing to consider an amendment to Title 11,
Chapter 21, Section 5 of the Lakeville City Code (the Zoning Ordinance) concerning
fences. The Recording Secretary attested that the legal notice had been duly
published in accordance with State Statutes and City Code.
Planning Director Daryl .Morey presented the planning report. Mr. Morey stated
that Building Inspections staff is proposing an amendment to the Zoning Ordinance
concerning fences.. This proposed amendment was discussed at the May 1, -2008
Planning Commission work session.
Mr. Morey indicated that the amendment proposed by staff would allow any fence,
maintenance free or not, to be located up to the rear and/or side property line of
the property owner installing the fence, and eliminate redundant permit
requirements for the installation of fences in front yards or side yards of corner lots
as well as fences for swimming pools.
Mr. Morey stated that at the May 1St work session the Planning Commission
discussed requiring the property owner constructing the fence to obtain a boundary
survey if they cannot locate their property irons and for City staff to inspect the
location of the property irons to verify the fence was constructed as permitted.
Mr. Morey indicated that staff is proposing language that would allow the property
owner and the adjoining neighbor/s to agree in writing on the fence location due to
the cost of a survey. He indicated that the boundary survey would be required if
the property owner cannot locate the property irons and the neighbors cannot
agree on the proposed fence location.
Mr. Morey also indicated that staff has received input from planning consultant
Daniel Licht and he is recommending that approval of all fences six feet or less in
height, which would include fences for swimming pool protection, be tied to the
administrative approval process of Chapter 11-8-5 of the Zoning Ordinance.
Planning Commission Meeting
May 22, 2008
Page 10
Mr. Morey stated that staff recommends approval of the Zoning Ordinance
amendment as presented.
Vice Chair Davis opened the hearing to the public for comment.
.These were no comments from the audience.
08.56 Motion was made and seconded to close the public hearing at 7:10 p.m.
Ayes: 6 Nays: 0
The Planning Commission discussed the legality of documents if agreements by the
adjacent neighbors are not recorded against the property and what happens with
subsequent homeowners. They understand that the intent of the amendment is to
simplify the process and make it less bureaucratic.
Commissioner Lillehei felt that this should be tabled and perhaps added to the May
29, 2008 work session agenda for further discussion.
Mr. Morey stated that City staff is trying to avoid the "alleys' that occur when two
adjacent property owners put. up separate fences, each set back 2 feet from their
property line.
Mr. Rubash explained that because of the older subdivisions in Lakeville, we have
situations where some of our roads are not built or centered with rights-of-way,
some houses cross property lines, etc. so that even a survey. may -not resolve
property line disputes in which case it can get quite costly to resolve the property
line issues. He indicated that staff is just trying to make the process less
bureaucratic and costly. to install a fence in these situations.
The Planning Commissioners agreed that Mr. Morey would amend proposed
Paragraph B.2 under Section 11-21-5 of the draft Zoning Ordinance amendment and
have the new wording ready prior to their May 29, 2008 work session so that the
Planning Commissioners can read the revised wording prior to the amendment
going to the June 2, 2008 :City Council meeting.
Mr. Morey stated that wording would be revised to require the property owner to
locate their property irons. If the property owner cannot locate .their property
irons, then they would have the option of preparing a survey or entering into a
signed maintenance agreement with the adjacent property owners which would be
recorded against the properties.
Planning Commission Meeting
May 22, 2008
Page 11
08.57 Motion was made and seconded to recommend to City Council approval of an
amendment to Title 11, Chapter 21, Section 5 of the Zoning Ordinance concerning
fences, as amended.
Ayes: Grenz, Blee, Manikowski, Davis, Pattee.
Nays: Lillehei. Mr. Lillehei felt that this item should be tabled for further review
and discussion of ways to amend the ordinance to prevent adverse possession.
ITEM 1L STAFF NOTICES
Mr. Morey informed the Planning Commission that the July 3, 2008 Planning
Commission meeting will be cancelled due to the Independence .Day holiday
weekend. He indicated that consideration will be given to rescheduling this
meeting to the second Thursday of July or only having one meeting that month on
July 17~, depending on the number and type of planning applications that are in
the system at that time.
There being no further business, the meeting was adjourned at 7:44 p.m.
Respectfully submitted,
Penny re ig, Recording S retary
ATTEST:
Sart Davis, Vice Chair