Lakeville Planning Commission Meeting 05-04-2023

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Based on the context provided and the content of the meeting, this is a **Lakeville Planning Commission** meeting. **Identifyed Speakers:** * **Chair Zuzak:** The presiding officer (Madam Chair). * **Director Cathy Morey:** Addressed as "Director Mori" in the transcript (Note: While Tina Goodroad is the Director, Cathy Morey was the long-time Planning Director for Lakeville). * **Kris Jensen:** The City Planner/Staff member presenting the technical reports. * **Clerk (Miss Mara/Marley):** The staff member calling the roll. * **Neil Sander:** Applicant/Engineer for Ardmore Village. * **Barbara van Hawkin:** Applicant for the Avalon Group (Timber Crest). * **Commissioners:** Zimmer, Tinsley, Swanson, and Kaluza. *** [0:28] **[Ambient Noise]** [0:55] **Chair Zuzak:** May 4th 2023 Planning Commission meeting please join me in the flag pledge. [1:23] **Chair Zuzak:** Miss Mara will you please call the role of members. **Clerk:** Zuzak? **Chair Zuzak:** Here. **Clerk:** Zimmer? **Commissioner Zimmer:** Here. **Clerk:** Tinsley? **Commissioner Tinsley:** Here. **Clerk:** Swanson? **Commissioner Swanson:** Here. **Chair Zuzak:** All right agenda item number three approval of the April 20th 2023 Planning Commission meeting minutes. Fellow Commissioners, any changes? [1:51] **Chair Zuzak:** Um and they will stand. Number four, uh Director Morey, any announcements? **Director Cathy Morey:** Good evening Madam chair. Uh thank you, I just do have one announcement and that is related to handouts for this evening's meeting. We have a handout related to agenda item number six, the Timber Crest at Lakeville fourth edition PUD Amendment. Uh there were some changes to the planning report and the findings of fact based on a discussion that staff had with the applicant earlier this week and Miss Jensen will cover those changes as part of her presentation this evening. That concludes my announcements, thank you. **Chair Zuzak:** All right, agenda item number five. [2:37] **Chair Zuzak:** This is a public hearing so those wishing to speak please make sure that you fill out your name and information on the appropriate agenda item in the back of the room. All right, Ardmore Village—this is a continued consideration of the application of Independence Engineering on behalf of Ardmore MHC LLC for a conditional use permit to allow Ardmore manufactured home park to add six manufactured home units in the RS MH single-family manufactured home park district located east of Cedar Avenue and north of Lakeville Boulevard. And here to present is Neil Sander. [3:20] **Neil Sander:** Good evening, my name is Neil Sander. I'm with Independence Engineering. You have heard this application before and at the beginning of March. I know there were some questions about some of the compliance or some of the compliance issues regarding state law regarding some of the maintenance issues on site. We have been working with City staff; we had a site visit at the beginning of April. We've confirmed that the storm shelter is indeed plenty large enough for the members of the community. We did a drive around the community and you know we got to see firsthand the condition of the roads. I can tell you the Lakeshore has been working since the fall on getting money allocated to fix it. They have finally gotten it approved [4:06] and the roads will be repaired as soon as they can get the asphalt paving company out there. So we are going to be repairing about five acres of private roads within the community. It's our understanding that uh it would probably take a few months before we were able to pull a building permit at the site anyway. I know Miss Jensen recommended that we have a conditional approval saying that we couldn't pull a building permit until the pavement was done. That may not be necessary—the pavement is hopefully going to be done by the end of this month. Thank you. [4:51] **Chair Zuzak:** All right, go have a seat. If they have more questions they’ll let you know. **Kris Jensen:** All right, I'm not gonna um go through all of this again, uh just as a reminder as a refresher: this is a CUP. We had the public hearing uh early in March for six additional units at the Ardmore manufactured home park. It's located on Cedar just north of Lakeville Boulevard. Uh the location is here in the southwest corner of the park. There were six units proposed to be added in an area that was previously used for RV storage. Um of the issues that were raised at that meeting in March, uh after consultations with the City Attorney, the [5:38] two issues um that we needed to ensure were addressed were emergency storm protections and the road conditions. As Mr. Sander said, um myself and Community Development Director Tina Goodroad went and did a site visit. We visited the storm shelter; it's approximately 4,000 square feet. MDH standards—Minnesota Department of Health standards—for storm shelters are to be a minimum of four square feet per person, which gives you a capacity of about a thousand people in the shelter. The park currently has a population of around 650 I believe they said. Um so even with you know visitors and the additional six units, the the storm [6:23] shelter that's there has the capacity to serve uh everyone that is within the park, so it does meet that requirement. Um the other issue was the condition of the roads, where the ordinance does require that the roads be kept in good condition. Um we saw firsthand when we drove through that there are a number of roads within the park that did not meet that requirement. But as Mr. Sander said, they've been working on a Street Repair Plan that is on the screen before you. The areas in kind of purple are slated to be repaired either through mill and overlay or patching depending upon what the situation is. Um so staff did add a condition and we [7:09] shared this with Mr. Sander—excuse me—um that the site work for those additional six units could begin—the pad sites, the walkways, the parking pads for those—but that the building permits that would need to be pulled to place those units wouldn't be allowed to be done until those road repairs are done. And given, as Mr. Sander said, it may be fine given that the work is intended to be done by the end of this month, but there's also Minnesota Department of Health permitting that needs to to take place as well. So we just wanted to to make sure that those road repairs were completed within the park and so I think that will be accomplished [7:57] with that stipulation. So staff does recommend approval of the CUP with those two stipulations. Just wanted to remind you that you guys did close the public hearing at that meeting in March, so at this point it would just be um discussion and a motion for or against. And I'll stand for any questions that you have, thank you. **Chair Zuzak:** All right, fellow commissioners, any comments? **Commissioner Kaluza:** Thanks Madam Chair. Um I do appreciate City staff going out there and taking a look at the roads and um very much support the stipulation that those repairs need to be completed prior to the building permits. [8:43] So I appreciate that and I appreciate the residents for bringing that concern to us. **Commissioner Swanson:** Um thanks Madam Chair. Yes, well echo some of Commissioner Kaluza's comments here as well. Appreciative of City staff coming up with that stipulation as recommended, um withholding the building permits until um street repairs are done. I appreciate the residents coming to us last time this was before us; you brought up some very good issues. I understand we are not fixing every single issue you brought before us at that last meeting and I just want to make sure everyone understands that in a certain sense our purview is [9:30] somewhat limited as to what we can fix and what we can't fix during this meeting here and with what we approve with this item. So um obviously the streets were in rough condition; I verified that myself as well when I was out there last time this was before us. I say that as an engineer—you didn't have to be an engineer to understand that the streets need to be repaired out there. So glad to see that that work is going to be done. We're reliant on standards that come before us from other bodies like the Minnesota Department of Health telling us what the storm shelter can hold and what its capacity is, and I find what's put in front of us to be reasonable. So with that I'm going to be voting in support of this item, so thank you. **Chair Zuzak:** Thank you. **Commissioner Tinsley:** Sure, yes. Yes, I want to say thanks as well and I [10:18] really like the way our city worked together with the residents to try to figure out what we can fix or what they could fix for the residents and get that taken care of. And um appreciate everybody coming in and that we we can't do it all but we can do part to make sure they're good. And I'm planning on submitting a request for a wheel alignment after driving through it—nope, just kidding Daryl. Um but anyway, thank you. **Chair Zuzak:** All right, and I echo everything that my fellow commissioners stated. Uh Commissioner Swanson I think you stated it um very eloquently and I really appreciate the recap. I also really [11:03] appreciate the residents coming out. I think bringing that issue—bringing the issues to light—is really what drove some of these changes forward. So really appreciate that you feel comfortable enough to come here and use your voice because I think that's great. And with that I think if there's no further comments, ready for a motion. **Commissioner Swanson:** Madam Chair? **Chair Zuzak:** Yes. **Commissioner Swanson:** Move to recommend approval of the Ardmore Village conditional use permit subject to the two stipulations listed in the April 26 2023 planning report and approval of the findings of fact dated May 4th 2023. [11:40] **Commissioner Zimmer:** Second. **Chair Zuzak:** I have a motion and a second. Miss Marley please take a roll call. **Clerk:** Zimmer? **Commissioner Zimmer:** Aye. **Clerk:** Tinsley? **Commissioner Tinsley:** Aye. **Clerk:** Swanson? **Commissioner Swanson:** Aye. **Clerk:** Zuzak? **Chair Zuzak:** Aye. [11:58] **Chair Zuzak:** Right. And um Director, when will that go in front of City Council? **Director Cathy Morey:** At their next meeting on May 15th. **Chair Zuzak:** All right thank you. All right agenda item number six—this is the Timber Crest at Lakeville fourth edition. This is a public hearing to consider the application of Teresco Realty LLP for an amendment of the Timber Crest at Lakeville PUD located north of 185th Street and east of Orchard Trail. Yeah and here to present is Barbara van Hawkin. [12:46] **Barbara van Hawkin:** And I'm with the Avalon group. We're the original developers of Timber Crest—that was about 20-ish years ago. And right after the Target development piece we developed the Best Buy. And now we're in here because the Best Buy is going to be retented and the second generation of it will be a multi-tenant building and we need to revise the PUD to remove the Best Buy signage so that we have the ability to put up signage for multi-tenants if they go into the building. Thank you. [13:20] **Kris Jensen:** Thank once again Commissioners. Uh so this is a PUD Amendment for the Timber Crest Lakeville fourth edition. This is the location of the former Best Buy site on Orchard Trail north of the North Lake Lofts. Target is just off the building off the picture over here. This is the language within the development contract back when um this PUD was was put into place. We included the the PUD language within the development contract. We do them a little differently now—this language would have been included within a PUD ordinance which would be separate from the development contract. But because it's within this uh PUD and [14:08] it does limit that building to one 375.4 square foot Best Buy sign and a 50 square foot Magnolia Home Theater sign, we wanted to ensure that any future tenants were able to put up signs of their own choosing and not ones that say Best Buy. So initially the the report that you got was for just to delete this paragraph and remove that and then the tenants of that building would revert to the architectural design standards that were put in place. Um earlier this week I had a discussion with Barb um and she brought to my attention and reminded me that the middle sentence of that paragraph that states "in addition Best Buy is allowed to add a hundred square foot sign [14:54] below the existing Super Target pylon sign in addition to I-35" was indeed added specifically with this amendment and they wanted to be able to keep that sign area. Children's Clinics is using it now and they would like to be able to keep that available for tenants um of the development out there. So that's the reason for the revised staff report. We did amend the findings of fact to change one word from "delete" to "amend." So it now—and I'll just go through this—is the proposed changes to the front elevation. It's not anything that the Planning Commission needs to specifically approve, it would be a staff level approval, but just to show you roughly what that building would [15:39] look like with the removal of the Best Buy wedge um and then potential for you know a couple of two to three tenants uh within that existing 45,000 square foot building. Um so staff does recommend approval of the Timber Crest at Lakeville fourth edition PUD amendment to amend the following language from the Timber Crest at Lakeville fourth edition development contract: so paragraph 31 Special Provisions would be amended to say "a 100 square foot sign below the existing Super Target pylon sign adjacent to Interstate 35 is permitted." This is a public hearing and I will stand for any questions that you may have. Thank you. [16:26] **Chair Zuzak:** All right, since this is a public hearing, is there anyone that would like to speak to this agenda item? **Commissioner Swanson:** Madam Chair? **Chair Zuzak:** Yes. **Commissioner Swanson:** Seeing no one in the audience I move to close the public hearing. **Commissioner Zimmer:** Second. **Chair Zuzak:** All right, second to close public hearing. All those in favor signify by saying aye. **Commissioners:** Aye. **Chair Zuzak:** All opposed? [No response]. All right the public hearing is now closed. Commissioners? [17:12] **Commissioner Zimmer:** Yes Madam Chair. I am just excited to see something go in that building so this is really great to see this come forward. So thank you so much for the reuse of the building into something that works better for today's use, so thank you. **Commissioner Tinsley:** That was my comment as well, just pleased that we're moving it forward. And we've done some other projects back in there and it'll—this will be great, great use of that space. **Chair Zuzak:** Great. I think we're ready for a motion. **Commissioner Swanson:** Madam Chair? **Chair Zuzak:** Yes. **Commissioner Swanson:** I move to recommend approval of the planned unit development amendment for Timber Crest at Lakeville fourth edition as amended in the approval of the findings of fact dated May 4th 2023. [17:47] **Commissioner Zimmer:** Second. **Chair Zuzak:** Miss Mara, roll call. **Clerk:** Zuzak? **Chair Zuzak:** Aye. **Clerk:** Zimmer? **Commissioner Zimmer:** Aye. **Clerk:** Tinsley? **Commissioner Tinsley:** Aye. **Clerk:** Swanson? **Commissioner Swanson:** Aye. **Chair Zuzak:** And Director Morey, when will this go in front of the City Council? **Director Cathy Morey:** At their May 15th meeting. [18:15] **Chair Zuzak:** All right. With that, that concludes our meeting and we are adjourned. Thank you. **[Ambient Noise]**