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HomeMy WebLinkAbout06-02-11CITY OF LAKEVILLE Planning Commission Meeting Minutes JUNE 2, 2011 The June 2, 2011 Planning Commission meeting was called to order by Chair Davis in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Chair Davis Vice Chair Lillehei Commissioner Boerschel Commissioner Drotning Commissioner Grenz Commissioner Maguire Ex- officio Fitzhenry Absent Secretary Adler Staff Present Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Zach Johnson, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: Commissioner Lillehei asked that the following be inserted into the May 19, 2011 Planning Commission minutes under bullet point one on Page 3: ...Ms. Cook -Haxby agreed to consider designing a brick pole.... Chair Davis asked that the following be inserted into the May 19, 2011 Planning Commission minutes under bullet point two on Page 3: ...located on the subject site. Chair Davis asked staff to confirm that City Council approved the wetland replacement plan The May 19, 2011 Planning Commission meeting minutes were approved as amended. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated that the following items were distributed to the Planning Commission at tonight's meeting: 1. Draft minutes from the June 1, 2011 Parks, Recreation and Natural Resources Committee meeting regarding the MMR First Addition. 2. Revised Findings of Fact for Agenda Item 5, Crescent Ridge. Planning Commission Meeting June 2, 2011 Page 2 3. E -mail regarding Agenda Item 6, MMR First Addition, from a resident expressing disapproval of building a church in a residential neighborhood. Mr. Morey commented that there will be a work session immediately following tonight's meeting. ITEM 5. CRESCENT RIDGE Chair Davis opened the public hearing to consider the application of Premier Bank on behalf of Klein Bank for the following, located east of Holyoke Avenue and south of 190th Street: A. An amendment to the Staged MUSA Expansion Areas and 2030 Land Use Plan maps of the 2008 Comprehensive Land Use Plan to bring property from Urban Reserve into the Current MUSA and to re -guide property from Special Plan Area to Low Density Residential; B. A Zoning Map amendment to rezone property from RA, Rural/ Agricultural District to RS -3, Single Family Residential District. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Andrew Knapp representing Premier Bank presented an overview of the project. Mr. Knapp clarified that, since the planning report was written, Premier Bank has purchased the 36.8 acre parcel from Klein Bank. Premier Bank is now the fee owner of both parcels. Mr. Knapp stated that Premier Bank is requesting the Comprehensive Plan and Zoning Map amendments so that the northerly 22 acres of the 36.8 acre parcel, which is currently outside the MUSA, can be preliminary platted and included in the Crescent Ridge development as one contiguous property with one owner. Planning Director Daryl Morey presented the planning report. Mr. Morey expressed his appreciation for Mr. Knapp's clarification on the ownership of the property. He stated that the proposed amendment request is consistent with the sanitary sewer, water, and storm sewer components of the Comprehensive Plan. Mr. Morey stated that should the Planning Commission recommend approval of the Crescent Ridge Comprehensive Plan and Zoning Map amendments, Planning Department staff recommends approval subject to the 2 stipulations listed in the May 26, 2011 planning report. Mr. Morey explained that he intends to revise the planning report to include the language in Stipulation 2 in the body of the report and recommended therefore that the last two sentences of this stipulation be eliminated. He also indicated that the revised Findings of Fact distributed at tonight's meeting were revised at the recommendation of the City Attorney to include a separate paragraph for the Comprehensive Plan amendment. Planning Commission Meeting June 2, 2011 Page 3 Chair Davis opened the hearing to the public for comment. There mere no comments from the audience. 11.28 Motion was made and seconded to close the public hearing at 6:12 p.m. Ayes: Boerschel, Lillehei, Davis, Maguire, Grenz, Drotning. Nays: 0 Chair Davis asked for comments from the Planning Commission. Discussion points were: • Commissioner Grenz asked if the Crescent Ridge 2nd Addition preliminary plat had expired. Mr. Morey indicated that the Crescent Ridge 2nd Addition preliminary plat has been extended by the City Council. • Commissioner Grenz indicated that he saw no right -of -way dedication for the Holyoke Avenue /Highview Avenue/ 190th Street realignment on the ghost plat. Mr. Morey indicated that detailed staff analysis of the right -of way needs for the possible Holyoke Avenue /Highview Avenue /190th Street realignment have not been completed because the subject property was not being platted due to being located outside the Current MUSA. But if this property is brought into the MUSA, then staff will work with the developer to determine possible road re- alignments and right -of -way needs. • Commissioner Grenz indicated that he was a little uncomfortable with the spot zoning. He asked if we were running out of available land in the Current MUSA. Mr. Morey explained that this concern is alleviated by the fact that the subject property is bounded by two major collector roadways and the proposed amendments would bring the entire property owned by the applicant under one land use and zoning classification as one contiguous development parcel and represents the logical extension of the Crescent Ridge 2nd Addition development. • Commissioner Drotning did not feel that this request is spot zoning. He indicated that ultimately with the ghost plat, this would have been brought into the MUSA at some point, and makes perfect sense. Chair Davis agreed. • Commissioner Lillehei asked if the previous developer of Crescent Ridge 2nd Addition did not want to address the Holyoke Avenue /Highview Avenue/ 190th Street alignment issues at that time. Mr. Morey indicated that three years ago when the Crescent Ridge 2nd Addition preliminary plat was approved there was not necessarily the urgency to bring the subject property into the Current MUSA because of the possible roadway realignment issue. • Commissioner Lillehei asked if the current 195th Street has been paved. Assistant City Engineer Zach Johnson indicated that one of the components Planning Commission Meeting June 2, 2011 Page 4 of the Crescent Ridge 2nd Addition development is to install watermain and pave that portion of 195th Street. • The Planning Commission agreed to amend Stipulation 2 of the May 26, 2011 planning report to read: "The 190th Street /Holyoke Avenue /Highview Avenue intersection design must be re- evaluated with the preliminary plat of the subject property." Mr. Morey indicated that he will revise his memo prior to City Council consideration. 11.29 Motion was made and seconded to recommend to City Council approval of an amendment to the Staged MUSA Expansion Areas and 2030 Land Use Plan maps of the 2008 Comprehensive Land Use Plan to bring property from Urban Reserve into the Current MUSA and to re -guide property from Special Plan Area to Low Density Residential, and a Zoning Map amendment to rezone property from RA, Rural/ Agricultural District to RS -3, Single Family Residential District, subject to the following 2 stipulations, as amended, and adoption of the Findings of Fact dated June 2, 2011: 1. Approval of a preliminary plat is required for the portion of the property subject to the Comprehensive Plan and Zoning Map amendments. 2. The 190th Street/ Holyoke Avenue/ Highview Avenue intersection design must be re- evaluated with the preliminary plat of the subject property. Ayes: Lillehei, Davis, Maguire, Grenz, Drotning, Boerschel. Nays: 0 ITEM 6. MINNEAPOLIS MEETING ROOMS, INC. Chair Davis opened the public hearing to consider the application of Minneapolis Meeting Rooms, Inc. for the following, located north of 212th Street and west of Dodd Boulevard (CSAH 9): A. Preliminary and final plat of one institutional lot and two outlots to be known as MMR First Addition; B. Conditional Use Permit for a church in the RS-2, Single Family Residential District and to consider an exception to the exterior building finish requirements for an institutional use; C. Vacation of a public street, drainage and utility easement. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Planning Commission Meeting June 2, 2011 Page 5 Jerry Holman, a resident of Lakeville and a member of the Minneapolis Meeting Rooms Church, presented an overview of the project. Mr. Holman indicated that their current church in Richfield at 74th Street and Lyndale Avenue is currently up for sale. He showed the site plan and explained that the building and parking are located where they are because of the screen of trees that are currently on the west side of the property, which will all be saved except for one. Mr. Holman stated that they have dedicated land for the future expansion of Dodd Boulevard and a future trail. They will only be using the church for religious purposes and not as a day care facility. He indicated that the proposed architecture was designed to fit into the neighborhood. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the church will have access to their property from a public street (Idaho Avenue) that will be privately maintained (snow plowing) until Outlot B develops or Idaho Avenue is extended. Regarding Stipulation 10, Mr. Dempsey explained that there currently are no plans for an outdoor trash enclosure. Mr. Dempsey discussed the potential re -use of the property. He stated that if this particular church no longer occupied this building, it could be used by another church subject to the stipulations of the conditional use permit and without any further zoning approvals. He also indicated that the church property could possibly be subdivided for two single family homes. Mr. Dempsey stated that should the Planning Commission recommend approval of the preliminary and final plat, conditional use permit and easement vacation, Planning Department staff recommends approval subject to the 16 stipulations listed in the May 26, 2011 planning report, and adoption of the Findings of Fact dated June 2, 2011. Chair Davis opened the hearing to the public for comment. There were no comments from the audience. 11.30 Motion was made and seconded to close the public hearing at 6:41 p.m. Ayes: Davis, Maguire, Grenz, Drotning, Boerschel, Lillehei. Nays: 0 Chair Davis asked for comments from the Planning Commission. Discussion points were: • Commissioner Grenz asked why a cul -de -sac isn't being installed at the end of Idaho Avenue. Mr. Dempsey responded that a temporary dead end road Planning Commission Meeting June 2, 2011 Page 6 is allowed by ordinance in situations where the road serves two or fewer lots, as is the case here. The City will not be plowing this road until it is extended in the future, so there does not need to be a turnaround for a snowplow. • There was further discussion regarding Idaho Avenue. This road will be used exclusively by the church until such time that Outlot B develops or Idaho Avenue is extended to the north with the redevelopment of the properties to the north and west. The road will be built to City standards but snow removal will be done by the church. Maintenance other than snowplowing will be done by the City. The church's maintenance responsibilities for the road will be spelled out in the development contract. • Commissioner Grenz asked to see a rendering of the back and sides of the church building. Exhibit K was shown. • There was a discussion regarding which lot the church should be built on. Commissioner Drotning felt that the church should be constructed on the east side of the property, fronting on Dodd Boulevard, to provide greater visibility from the main thoroughfare and the ability to construct an expansion in the future. Locating the church on the east side of the property would also allow the future single family lots to be in a more desirable location away from the traffic on Dodd Boulevard. • Commissioner Lillehei clarified that in the first sentence of the second paragraph on page 1 of the May 26, 2011 planning report, it should read Outlot B, not A. Mr. Dempsey indicated that he will make this change to his report prior to the City Council meeting. • Chair Davis confirmed that given the number of parking spaces proposed to be constructed, 102 persons will be the maximum occupancy for the church. • It was agreed by the Planning Commission that Stipulation 10 will be amended to read: " In the absence of an outdoor trash enclosure, the storage of trash shall be located..." • Commissioner Boerschel asked if the pond in Outlot A will be constructed at the same time as the church. Mr. Dempsey stated that the pond will be constructed with the development of the church site. The pond is being constructed to also accommodate the two single family homes to be constructed in the future on Outlot B. • Commissioner Boerschel asked if the pond will help alleviate any existing storm water drainage problems to the south. Mr. Johnson explained that the pond will handle storm water drainage for this plat only. Rate control and pre - treatment for the site will be provided. The pond is not being Planning Commission Meeting June 2, 2011 Page 7 designed to accommodate storm water drainage issues for the existing single family homes to the south. • Commissioner Maguire commented on the lack of windows and doors and asked about the reasoning for this. Mr. Holman indicated that they have not had many windows on their other church buildings and they don't feel they need to add more for this building. • Referring to the e -mails that were sent to the City, Mr. Dempsey explained the Zoning Ordinance allowance for church uses in residential districts by requesting a conditional use permit. • Commissioner Drotning was uncomfortable with the church not having a sign to help people find the building since it will not be located directly adjacent to Dodd Boulevard. • Commissioner Boerschel asked the City Attorney her opinion as to whether the Planning Commission can require an alternate location for the church within the plat. Ms. Poehler indicated that if this request meets the criteria of the Zoning and Subdivision Ordinances, there is no legal standing to require an alternate location for the church. • Mr. Morey added that having the church on the west side of the property will limit the size of the building, which is appropriate for a smaller church located within a low density residential neighborhood. • Commissioner Drotning stated that given the comments provided by the City Attorney and Mr. Morey he can support construction of the church in the proposed location. 11.31 Motion was made and seconded to recommend to City Council approval of a preliminary and final plat of one institutional lot and two outlots to be known as MMR First Addition, a Conditional Use Permit for a church in the RS -2, Single Family Residential District and to allow an exception to the exterior building finish requirements for an institutional use, and vacation of a public street, drainage and utility easement, subject to the following 16 stipulations, as amended, and adoption of the Findings of Fact dated June 2, 2011: 1. The recommendations listed in the Engineering Department memorandum dated May 26, 2011. 2. The recommendations of the Parks, Recreation and Natural Resources Committee. 3. Submit a revised landscape plan prior to City Council consideration to provide a staggered row of conifer (evergreen) trees along the south side of the church parking lot that meets Zoning Ordinance requirements. Landscaping shall be installed consistent with the approved landscape plan and Zoning Ordinance requirements. A financial security of $8,000 shall be Planning Commission Meeting June 2, 2011 Page 8 required with the final plat to guarantee installation and completion of the landscape improvements. 4. The parking lot shall be constructed and striped according to the approved site plan. 5. Parking associated with any church assemblies shall not be permitted on 212t Street. 6. The exterior building materials shall comply with the approved exterior building elevation plans. 7. Park dedication requirements shall be satisfied as a cash fee in lieu of land subject to review by the Parks, Recreation and Natural Resources Committee and approval of the City Council. 8. Any signs shall be in compliance with Zoning Ordinance requirements. 9. Exterior lighting shall be downcast non -glare type fixtures and shall meet the requirements of the Zoning Ordinance. 10. In the absence of an outdoor trash enclosure, the storage of trash shall be located inside the church building. Any outdoor storage of trash shall be located in a trash enclosure subject to the requirements of the zoning Ordinance and building permit requirements. 11. The private septic drain field easement shall be vacated and removed from the property title prior to recording to the MMR First Addition final plat. 12. Overhead utility lines along Dodd Boulevard (CSAH 9) shall be placed underground. The developer shall submit a cash fee prior to City Council consideration of the preliminary and final plat to ensure that the overhead power lines are relocated when Dodd Boulevard (CSAH 9) is reconstructed in the future. 13. A cash escrow shall be submitted for a future trail along Dodd Boulevard (CSAH 9) 14. Outlot A shall be deeded to the City with the final plat. 15. Two future single family residential lots within Outlot B must be preliminary and final platted prior to the construction of any single family homes. 16. Easement vacation subject to the recording of the MMR First Addition final plat. Ayes: Maguire, Drotning, Boerschel, Lillehei, Davis. Nays: Grenz. Commissioner Grenz felt that the church should be located on Outlot B adjacent to Dodd Boulevard and the future single family lots should be where the church is proposed to be located to make them higher quality lots. There being no further business, the meeting was adjourned at 7:09 p.m. Planning Commission Meeting June 2, 2011 Page 9 The Planning Commission went immediately into a work session. Respectfully submitted, Penny Br ig, Recording SecxAary 6/16/11 ATTEST: Chair 6/16/11