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HomeMy WebLinkAbout05-22-14CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES May 22, 2014 Chair Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Linda Maguire, Vice Chair Bob Boerschel, Chair Brooks Lillehei, Jason Swenson, Karl Drotning, Ex -officio member Nic Stevens Members Absent: Paul Reuvers Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Kris Jenson, Associate Planner; Monica Heil, WSB Engineering; Daniel Licht, The Planning Company; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The April 24, 2014 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that the following was handed out at tonight's meeting: A. Draft minutes of the May 21, 2014 Parks, Recreation and Natural Resources Committee meeting regarding the Dodd Crossing and Cedar Landing preliminary plats. B. E-mail from a neighbor of the proposed Cedar Landing preliminary plat. C. E-mail from a resident regarding the proposed Dodd Crossing preliminary plat. 5. Linda Hegna Chair Lillehei opened the public hearing to consider a request for a variance from the 10 foot setback requirement between a single family home and a detached accessory building to allow an expansion to the existing home in the RS -3, Single Family Residential District located at 7440 — 165th Street. Jim Koestering, contractor for Linda Hegna, presented a brief overview of Ms. Hegna's request. Mr. Koestering stated that they explored other options for the proposed house addition, but none of them were viable. He felt that the neighborhood would not be affected if this variance is granted. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Ms. Hegna has submitted an application for a building setback variance to allow the construction of an addition onto the rear of her existing house. He Planning Commission Meeting Minutes, May 22, 2014 Page 2 indicated that the addition will include a remodeled and enlarged kitchen and living area, plus reconstruction of the deck. Mr. Dempsey stated that the Zoning Ordinance requires a 10 foot or more separation between the detached garage and the house. There is currently a 5'8" separation between the house and detached garage. The Hegna house and non- conforming garage setback appears to be consistent with many of the houses in the neighborhood constructed in the mid 1960's. Mr. Dempsey stated that staff suggested the homeowner, with the advice of their builder, explore possible options to eliminate the need for the variance. He indicated that the homeowner and her builder explored four options that would avoid a variance and which are described in the May 16, 2014 planning report. The homeowner chose not to go with any of these four options due to specific practical difficulties. Mr. Dempsey discussed the variance review criteria, which are listed in the May 16, 2014 planning report. He stated staff finds that this variance request meets the criteria listed in Section 11-6-5 of the Zoning Ordinance and recommends approval subject to the 2 stipulations listed in the May 16, 2014 planning report. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Boerschel, seconded by Drotning to close the public hearing at 6:10 p.m. Ayes: Maguire, Boerschel, Lillehei, Swenson, Drotning. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. The Planning Commission agreed that this variance request does meet the Zoning Ordinance criteria regarding practical difficulties. Motion was made by Maguire, seconded by Swenson to recommend to City Council approval of the Hegna variance from the 10 foot setback requirement between a single family home and a detached accessory building to allow an expansion to the existing home, subject to the following stipulations: 1. The house addition shall be constructed in accordance with the floor plan approved with the variance. 2. The setback of the house addition and deck to the accessory building shall be at least 8.5 feet as shown on the floor plan approved with the variance. Ayes: Boerschel, Lillehei, Swenson, Drotning, Maguire. Nays: 0 Planning Commission Meeting Minutes, May 22, 2014 Page 3 Mr. Koestering asked if reinstalling Ms. Hegna's deck after the addition is complete would be an issue. Mr. Dempsey stated that as long as the deck is 30 inches or less above grade, it will not be subject to the 10 foot setback requirement between the house and detached garage. If the deck is greater than 30 inches in height, an 8.5 foot setback would be required, provided the variance request is approved by the City Council. 6. Fox Meadows 3'd Addition Chair Lillehei opened the public hearing to consider the application of The Cyclone Partners, LLC for the following located south of 185th Street (CSAH 60), north of 188th Street and west of Joplin Avenue: A. Preliminary and final plat of 13 townhome lots to be known as Fox Meadows 3rd Addition. B. Variance from the 25 foot setback requirement between townhome buildings. Keith Sperbeck with Cyclone Partners, LLC and their architect Tim Whitten, with Whitten Associates, Inc. were in attendance at tonight's meeting. Mr. Sperbeck presented a brief overview of their request. He indicated that they are proposing a different townhome design than proposed with the original Fox Meadows preliminary plat due to the current market demand. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Cyclone Partners, LLC has submitted applications for the preliminary and final plat of Fox Meadows 3rd Addition and a variance for the setback between two townhome buildings. He indicated that Fox Meadows 3rd Addition will consist of re - platting 18 vacant townhome unit lots within Fox Meadows 2nd Addition to four two - unit townhome buildings and one five -unit row townhome building, for a total of 13 total townhome units. Mr. Dempsey stated that this will reduce the overall number of units in the Fox Meadows development from 98 to 93. Mr. Dempsey explained the history of the Fox Meadows development. He stated the developer is proposing an alternate townhome design to address current market demand. Mr. Dempsey stated that all required streets and right-of-way was dedicated and constructed with the Fox Meadows and Fox Meadows 2nd Addition final plats. Mr. Dempsey indicated that there are no significant trees within the boundaries of the Fox Meadows 3rd Addition preliminary and final plat, there are no wetland impacts proposed with this development, and the park dedication was met with the Fox Meadows and Fox Meadows 2nd Addition final plats. Mr. Dempsey explained that the townhome setback requirements will be met with the exception of the 25 foot setback between the two -unit townhome buildings proposed in Block 2. The developer has submitted a variance application to allow a 24 foot setback between these two townhome buildings. He indicated that a 20 foot Planning Commission Meeting Minutes, May 22, 2014 Page 4 setback was required between townhome buildings when the Fox Meadows preliminary plat was approved in 2001. The existing townhomes in Fox Meadows were predominately constructed prior to 2004 when the Zoning Ordinance was amended to increase the setback between townhome buildings to 25 feet. As such, the requested variance meets the spirit and intent of the Zoning Ordinance and is consistent with the Fox Meadows development. Mr. Dempsey explained the unit construction and what each townhome building will include as its exterior building finish. Mr. Dempsey stated that staff recommends approval of the Fox Meadows 3rd Addition preliminary and final plat and variance, subject to the 8 stipulations listed in the May 16, 2014 planning report. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Maguire, seconded by Drotning to close the public hearing at 6:23 p.m. Ayes: Lillehei, Swenson, Drotning, Maguire, Boerschel. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • The Planning Commission had an extensive discussion regarding options to eliminate the need for the variance. Mr. Sperbeck indicated that they made every attempt to avoid the variance request while maintaining a townhome design that meets the market demand. Mr. Whitten stated that consistency in construction was key to them and without the proposed variance they would have to customize three different units to make up that one foot setback difference. Mr. Dempsey stated that the developer could have requested rezoning Blocks 1 and 2 (the blocks with the proposed two -unit townhome buildings) to RST -2 District, which has a 20 foot setback between buildings, but spot zoning did not seem to be a better option. He stated that the building pad for the two -unit townhome buildings in Block 2 is locked in due to the setback requirements from the adjacent wetland and private drive. • The Planning Commission discussed the possibility of future variance requests for the remaining vacant townhome Tots in Fox Meadows. • The Planning Commission expressed support for the developer wanting to build what the market is demanding and expressed appreciation for the proposed reduction in density. • Commissioner Maguire stated that consistency with the setbacks in the existing Fox Meadows townhome development and the reduction in density are positives. Planning Commission Meeting Minutes, May 22, 2014 Page 5 • At Chair Lillehei's request, Mr. Dempsey explained the process that would be necessary if the developer had to move the proposed two -unit townhome buildings in Block 2 to avoid the variance. • The Planning Commission concluded, after hearing the history of the Fox Meadows development and the reasoning behind the variance request, that they prefer the proposed variance over a spot rezoning. Motion was made by Drotning, seconded by Maguire to recommend to City Council approval of the Fox Meadows 3rd Addition preliminary and final plat and variance for building setback, subject to the following stipulations: 1. The recommendations listed in the May 16, 2014 engineering report. 2. The following minimum building setbacks are required: Public Right -of -Way = 20 feet Private Drives = 30 feet Guest Parking Areas = 15 feet Between Buildings = 25 feet (except Block 2 = 24 feet) Wetlands = 33 feet; Wetland Buffer = 17 feet 3. The homeowners association shall be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing, and regular maintenance of private drives and common areas. 4. All buildings must meet the design and construction standards of Section 11-58- 21 of the Zoning Ordinance. 5. The building plans for the five -unit townhome must verify a 12 inch soffit overhang as required by the Zoning Ordinance. 6. Prior to issuance of any building permits, the retaining walls adjacent to Lots 1 and 2, Block 2 and Lots 1 and 2, Block 3 must be certified by a structural engineer that they can handle the proposed townhome buildings. 7. A fence or other suitable safety barrier must be installed at the top of any retaining wall that is 30 inches or greater in height. 8. Landscaping must be installed consistent with the approved landscape plan. Prior to City Council consideration, a revised landscape plan must be submitted showing that all landscaping will be installed on private property within the Fox Meadows 3rd Addition plat. All graded areas and the guest parking island must be sodded. A $20,000 cash escrow must be submitted prior to release of the final plat mylars to guarantee installation of the approved landscaping. Ayes: Swenson, Drotning, Maguire, Boerschel, Lillehei. Nays: 0 7. Dodd Crossing Chair Lillehei opened the public hearing to consider the application of Manley Development Inc. for the following, located south of 160th Street (CSAH 46), west of Pilot Knob Road (CSAH 31) and north of Dodd Boulevard (CSAH 9): A. Preliminary plat of 67 single family residential lots to be known as Dodd Crossing. Planning Commission Meeting Minutes, May 22, 2014 Page 6 B. Amendment to the Comprehensive Plan to re -guide a portion of the property from Commercial to Low/Medium Density Residential. C. Zoning Map amendment to rezone a portion of the property from C-1, Neighborhood Commercial District to RST -2, Single and Two -Family Residential District. D. Variance for lot width and impervious surface coverage within the Shoreland Overlay District. Peggy Carlson and Kevin Manley from Manley Development Inc. and Randy Hedlund from Hedlund Engineering were in attendance at tonight's meeting. Ms. Carlson presented a brief overview of their request. She thanked City staff for their efforts throughout the process. Ms. Carlson reviewed the access issues associated with the County roads surrounding the development and the land swap with the County. She indicated that the neighborhood meeting they held prior to tonight's public hearing was well attended and that one of the comments raised at the meeting concerned headlight glare into the existing homes to the north from vehicles in the Dodd Crossing development accessing Dodd Lane. Ms. Carlson indicated that more trees have been added to the landscape plan adjacent to these existing homes to address this concern. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated Manley Development Inc. has applied for a preliminary plat, Comprehensive Plan amendment, rezoning, and variance to allow the Dodd Crossing development of 67 single family lots. She indicated that the Comprehensive Plan amendment would re - guide that portion of the property currently guided Commercial to Low/Medium Density Residential. The zoning map amendment would rezone that same portion of the property from C-1, Neighborhood Commercial District to RST -2, Single and Two - Family Residential District to be consistent with the remainder of the site. The variance request would permit lot widths for those lots within the Shoreland Overlay District consistent with RST -2 District requirements. Ms. Jenson described the Shoreland Overlay District in the Dodd Crossing preliminary plat. Ms. Jenson stated the DNR tributary that bisects the subject property and is subject to the Shoreland Overlay District requirements was allowed by the DNR to be placed in an underground pipe in the mid-1990s at the request of the cities of Apple Valley and Lakeville. She showed a map of the segment of this tributary that is piped, which stretches from Apple Valley to East Lake. Because of this, Lakeville staff does not feel that this segment of tributary should be subject to the Shoreland Overlay District requirements. As such, staff is pursuing the possibility of the MnDNR removing this segment of waterway from the Public Waters Inventory. She indicated that if this process is successful, it would not be completed prior to the preliminary plat application deadline. Ms. Jenson indicated that all of the lots in the Dodd Crossing preliminary plat meet the lot area, width, and depth requirements of the RST -2 District. P/arming Commission Meeting Minutes, May 22, 2014 Page 7 Ms. Jenson commented that the 21 lots that abut 160th Street, Pilot Knob Road, and Dodd Boulevard require increased buffer yard lot depth and setbacks. The developer has submitted a landscape plan that includes the required buffer yard screening. Ms. Jenson indicated that there are three outlots in the Dodd Crossing preliminary plat that will all be deeded to the city. She stated the Developer has been working with Dakota County on a land swap. The County would exchange property it owns at the intersection of Dodd Boulevard and Dodd Lane for additional right of way along Pilot Knob Road (CSAH 31) and 160th Street (CSAH 46). The Dakota County Board will review this proposal in June and the land swap must be finalized prior to consideration of the final plat. Ms. Jenson stated that the developer is proposing a subdivision identification monument sign with the Dodd Crossing preliminary plat, but the location is still being determined. Any subdivision identification monument sign must be located within an outlot and be owned and maintained by a homeowners association. Ms. Jenson reviewed the streets and sidewalks/trails that are proposed within the Dodd Crossing preliminary plat. All streets meet the minimum width and design requirements of the Subdivision Ordinance. Ms. Jenson indicated that, because of Dakota County access spacing restrictions, Elm Creek Lane will connect with Dodd Boulevard but the access will be blocked by a locked gate accessible to emergency vehicles only until such time that a median is installed in Dodd Boulevard to limit this access to right in/right out movements. Ms. Jenson stated that a tree preservation plan has been submitted by the developer as required by the Subdivision Ordinance. She indicated that the majority of the trees are Siberian Elm, which the DNR has classified as an invasive species. All of the trees are proposed to be removed with the development of the site. Ms. Jenson stated that a neighborhood meeting was held by the developer on April 8, 2014. Approximately 16 residents attended and expressed concerns about the proposed development of the property. She indicated that their primary concern was the number of vehicles that currently cut through their neighborhood to access 160th Street (CSAH 46) and that the development of this property would increase that number. Ms. Jenson stated that the developer is requesting variances on several lots within the preliminary plat, which are listed in the May 15, 2014 planning report. Ten of the lots require a variance due to the Shoreland Overlay District minimum lot width requirement. The minimum lot width requirement in the Shoreland Overlay District is 75 feet while the minimum lot width requirement in the RST -2 District is 70 feet. All 15 lots within the Shoreland Overlay District are requested to have a variance from the impervious surface coverage limit of 25%. Ms. Jenson stated that the developer estimated impervious surface coverage for the portion of the preliminary plat located within the Shoreland Overlay District at approximately 21%, which meets requirements. However, the impervious surface coverage would increase with P/arming Commission Meeting Minutes, May 22, 2014 Page 8 improvements made by homeowners after the initial house construction, such as sheds, patios, house additions and swimming pools. She noted that the RST -2 District has a maximum 40% impervious surface coverage limit for single family home lots. Ms. Jenson stated that staff recommends approval of the Dodd Crossing preliminary plat, Comprehensive Plan amendment, Zoning Map amendment, and variance, subject to the 9 stipulations listed in the May 15, 2014 planning report. Chair Lillehei opened the hearing to the public for comment. Kyle Anderson, 16060 Dodd Lane Cedrick Murphy, 16140 Dodd Lane Mark Lehr, 16044 Excel Way Loren West, 16123 Dodd Lane Sandy Buckingham, 16138 Excelsior Court The comments/concems of the people that spoke at the podium are as follows: • Cut through traffic on Dodd Lane. • Single family homes are better than having commercial in this area. • Access from one of the County roads would make more sense than access only from a residential street. • The Dodd Crossing plat should not be approved until the County roads are improved so that the access for the development can be off one of the County roads. • Appreciated the developer hosting a neighborhood meeting. • The access to Dodd Lane is too close to the existing bike path. • Suggested the developer remove one lot so there is no need for the lot width variance. • Concerned about the safety of kids walking and biking in their neighborhood because there are no sidewalks. Motion was made by Swenson, seconded by Boerschel to close the public hearing at 7:32 p.m. Ayes: Swenson, Drotning, Maguire, Boerschel, Lillehei. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Officer Nic Stevens commented on what the Police Department could do to deter cut through traffic within the existing Dodd Pointe neighborhood. The City could deploy extra law enforcement in the area, request a lower speed limit, put up no through traffic signage, or set up the speed trailer periodically in the neighborhood. Planning Commission Meeting Minutes, May 22, 2014 Page 9 • Monica Heil provided background on the County's position on access to 160th Street (CSAH 46), Pilot Knob (CSAH 31), and Dodd Boulevard (CSAH 9). Ms. Heil stated that the Dodd Boulevard improvements are not in the County's current five year CIP plan.. • Mr. Morey provided a history perspective on the County roads that abut the subject property. He described the realignment of Dodd Boulevard through the subject property in the 1990s, the access spacing allowance on Pilot Knob Road that was eliminated with a previous update of the County's transportation plan, the County's restriction on access to Dodd Boulevard that was implemented after the Elm Creek Lane access was allowed for the Fieldstone Creek development, and the Pilot Knob Road Corridor Study that was developed several years ago and identified a possible future compact interchange at the Pilot Knob Road/160th Street intersection. He stressed that the subject property has been significantly impacted by these County actions and that the only access for the Dodd Crossing development, until Dodd Boulevard is upgraded to a divided roadway, is at Dodd Lane which is a City street. • Commissioner Drotning commented that residents working with law enforcement will be the best option to address the neighbor's cut through traffic concerns. • Commissioner Boerschel asked who determines the Shoreland Overlay Districts. Ms. Heil indicated that this is determined by the DNR and then put into the City's Zoning Ordinance. She stated that it has been nearly 20 years since water has flowed overland through this area. The pond outlets that are proposed to be built with the Dodd Crossing development will discharge from the pond into the ditch system across Dodd Boulevard. • The Planning Commission agreed that rezoning the property from C-1 to RST -2 is appropriate. • Ms. Heil clarified that restricted access to Dodd Boulevard at Elm Creek Lane will likely occur at the time Dodd Boulevard is upgraded, whether it is a County road or City street. Motion was made by Swenson, seconded by Maguire to recommend to City Council approval of the Dodd Crossing preliminary plat of 67 single family lots, Comprehensive Plan amendment to re -guide a portion of the property from Commercial to Low/Medium Density Residential, Zoning Map amendment to rezone a portion of the property from C-1, Neighborhood Commercial District to RST -2, Single and Two -Family Residential District, and variance for lot width and impervious surface coverage within the Shoreland Overlay District, subject to the following stipulations: 1. The recommendations listed in the May 15, 2014 engineering report. 2. The recommendations of the Parks, Recreation, and Natural Resources Committee. 3. The land swap between Manley Development and Dakota County must be approved by the Dakota County Board prior to final plat consideration by the City Council. Planning Commission Meeting Minutes, May 22, 2014 Page 10 4. The developer shall construct 5 foot wide concrete sidewalks along one side of 162nd Street, Elmdale Way, Estate Boulevard, and Elm Creek Lane and a bituminous trail on the north side of Dodd Boulevard between Elm Creek Lane and Pilot Knob Road. The developer shall receive a credit to the required Park Dedication Fee for the City's 3/8 share of that trail construction. The developer shall submit a cash escrow with the final plat for future trail construction on the north side of Dodd Boulevard west of Elm Creek Lane. 5. The existing wells within the plat area shall be abandoned and the existing septic system and buildings shall be removed in compliance with state and local requirements. Building removal shall require a demolition permit from the City prior to removal. 6. Outlots A, B, and C shall be deeded to the City with the final plat. 7. Buffer yard landscaping shall be installed according to the approved landscape plan. A security for the buffer yard landscaping shall be submitted with the final plat. 8. Any subdivision signs must be located within an outlot owned and maintained by a homeowner's association. 9. The variance is contingent upon final plat approval. Ayes: Swenson, Drotning, Maguire, Boerschel, Lillehei Nays: 0 Break at 8:00 p.m. Reconvened at 8:10 p.m. 8. Cedar Landing Chair Lillehei opened the public hearing to consider the application of The Ryland Group, Inc. for the following located north of 210th Street, east of Hamburg Avenue and west of Cedar Avenue (CSAH 23): A. Preliminary plat of 98 single family residential Tots and 45 detached townhome lots to be known as Cedar Landing. B. Zoning Map amendment to rezone property from RM -2, Medium Density Residential District to RST -2, Single and Two Family Residential District. Tracey Rust and Mark Sonstegard from The Ryland Group, and Nick Polta from Pioneer Engineering were in attendance at tonight's meeting. Ms. Rust presented an overview of their request. Ms. Rust stated that the Cedar Landing plat will consist of two neighborhoods, the Meadow will include 98 single family homes, with access off of 210th Street and Hamburg Avenue. Enclave will consist of 45 age targeted detached townhome dwellings with access off of 210th Street. Ms. Rust indicated that both neighborhoods will have homeowners associations. Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that Ryland Homes has submitted applications for a Zoning Map amendment and for a preliminary plat of 98 single family lots and 45 detached townhome Tots to be known as Cedar Landing. Planning Commission Meeting Minutes, May 22, 2014 Page 11 Mr. Licht indicated that the developer is requesting approval of a Zoning Map amendment to rezone the east 20 acres of the subject site to RST -2 District so as to include the entire preliminary plat within the same zoning district. Mr. Licht commented that the subject site is separated from surrounding land uses by the abutting roadways on the east, south and west and no compatibility issues are anticipated based on the character of the uses proposed within the preliminary plat. Mr. Licht indicated that the preliminary plat will be developed in two phases starting in 2014 with mass grading of the entire parcel. Two accesses will be provided from 210th Street for the first phase of development. Mr. Licht reviewed the existing roads that bound the subject site and also the streets proposed with the preliminary plat. Mr. Licht indicated that each of the single family lots within the preliminary plat complies with the minimum lot and setback requirements of the RST -2 District. Mr. Licht reviewed the townhome lot requirements that are summarized in the May 15, 2014 planning report. Each block of detached townhome dwellings exceed the minimum lot area per unit requirements and each building complies with the applicable setback requirements. Mr. Licht indicated that the developer will offer multiple house plans for the detached townhome dwellings, including multiple options for the design of the front elevation to provide opportunity for variety in the street view of the neighborhood. Mr. Licht stated that the developer has submitted a landscape plan that proposes installation of new trees along Cedar Avenue, 210th Street, Hamburg Avenue, the front yards of the single family lots and the front and rear yards of the detached townhome dwellings. He indicated that the landscape plan must be revised to provide the minimum screening requirements for Lots 8-10, Block 5. Also, Mr. Licht indicated that the developer must provide a landscape plan for the foundations of the detached townhome units and details to verify compliance with the specific requirements for landscaping for detached townhomes established in the Zoning Ordinance. Mr. Licht stated that the Cedar Landing preliminary plat provides for dedication of Outlot C for a future neighborhood park and Outlot B as a 20 foot wide trail corridor to access the portion of the future neighborhood park to be acquired north of Outlot C at the time the abutting property north of the subject site is subdivided. He indicated that the developer will satisfy the balance of the park dedication requirements with payment of a cash fee in lieu of land. Mr. Licht stated that staff recommends approval of the Cedar Landing preliminary plat and Zoning Ordinance amendment, subject to the 12 stipulations listed in the May 15, 2014 planning report. Chair Lillehei opened the hearing to the public for comment. Planning Commission Meeting Minutes, May 22, 2014 Page 12 There were no comments from the audience. Motion was made by Boerschel, seconded by Drotning to close the public hearing at 8:28 p.m. Ayes: Drotning, Maguire, Boerschel, Lillehei, Reuvers, Swenson. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Commissioner Maguire questioned the wording in Stipulation 3 of the May 15, 2014 planning report. She asked why the stipulation doesn't require a homeowners association for the entire development. Mr. Licht stated that a homeowners association for the single family homes is not a requirement of the Zoning Ordinance. The stipulation addresses the detached townhome common area lots. • There was a discussion regarding the trail stubs into the proposed park. Mr. Licht indicated that the developer shall rough grade the site and the City will develop the park. The Parks Department will determine when the trail stubs should be paved. • Regarding the exterior building requirements, Commissioner Boerschel asked if there will be rock and/or landscaping around the entire foundation of each of the townhomes. Mr. Licht indicated that the developer must meet the Zoning Ordinance requirements for detached townhome landscaping. Motion was made by Maguire, seconded by Drotning to recommend to City Council approval of the Cedar Landing preliminary plat of 98 single family residential lots and 45 detached townhome lots, and a Zoning Map amendment to rezone property from RM -2, Medium Density Residential District to RST -2, Single and Two Family Residential District, subject to the following stipulations: 1. The preliminary plat shall be subject to the requirements of the RST -2 District and shall be developed in accordance with the Zoning Ordinance and Subdivision Ordinance. 2. Access locations, right-of-way dedication and street section designs shall be subject to review and approval of the City Engineer. 3. The developer shall establish a homeowners association for ownership and maintenance of Lot 9, Block 4, Lot 11, Block 5, Lot 17, Block 6 and Lot 24, Block 7. 4. Each detached townhouse dwelling shall include an attached garage meeting the minimum width and area requirements of Section 11-57-19.D of the zoning Ordinance. 5. The landscape plan shall be revised to provide a minimum 10 foot visual screen for the buffer yard landscaping required adjacent to Lots 8-10, Block 5, subject to approval of City staff. Planning Commission Meeting Minutes, May 22, 2014 Page 13 6. The developer shall provide a foundation landscape plan for Lots 1-9, Block 4, Lots 1-11, Block 5, Lots 1-17, Block 6 and Lots 24-35, Block 7 that complies with Section 11-57-19.1 of the Zoning Ordinance. 7. Outlots B and C shall be deeded to the City and the developer shall pay a cash fee in lieu of land for 49.8 percent of the single family park dedication requirement in effect at the time of final plat approval. 8. Outlots A, D, E, F, and G shall be deeded to the City for stormwater management purposes. 9. All grading, drainage and erosion control issues shall be subject to review and approval by the City Engineer. 10. All utility plans are subject to review and approval of the City Engineer. 11. All easements are subject to review and approval of the City Engineer. 12. The existing homestead, accessory building, overhead utility lines, and septic system shall be removed, the well shall be abandoned, and any hazardous materials shall be disposed of in compliance with state and local regulations. Ayes: Maguire, Boerschel, Lillehei, Swenson, Drotning. Nays: 0 There being no further business, the meeting was adjourned at 8:38 p.m. Respectfully submitted, PennyBr i , St �� Recording eta rY ATTEST: Brooks Lillehei, Chair