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HomeMy WebLinkAbout06-02-05 CITY OF LAKEVILLE Planning Commission Meeting Minutes JUNE 2, 2005 The June 2, 2005 Planning Commission meeting was called to order by Chair Swecker in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Reuvers, Pattee, Stolte, Swecker, Detjen, Grenz, Drotning, Ex-officio Arvidson. Absent: None. Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Allyn Kuennen, Associate Planner; Leif Hanson, Zoning. Enforcement/Recycling Coordinator; Jay Rubash, Assistant City Engineer; Daniel Licht, Northwest Associated Consultants; Bret Weiss, WSB .and Associates, Inc.; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The May 19, 2005 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. June 1, 2005 Parks, Recreation and Natural Resources Committee meeting motions regarding the Quail Ridge final plat, River City Asphalt Interim Use Permit, the Spirit of Brandtjen Farm preliminary plat, and the Winkler property concept plan. 2. Copy of a letter from William Cooley, a general partner in Lakeville Land, Ltd. regarding their opposition to the extension of River City Asphalt's mining operations (Item 9). 3. E-mail from Alan Dale, owner of Dale Properties stating their opposition to any additional extensions of River City Asphalt's mining operations beyond 2006 (Item 9). ITEM 5. CONSENT AGENDA 05.54 Motion by Detjen, Second by Drotning to recommend to City Council approval of the June 2, 2005 Planning Commission Consent Agenda as follows: Planning Commission Meeting June 2, 2005 Page 2 A. Approve the application of D. R. Horton for the final plat of 35 single- family lots to be known as Quail .Ridge, located west of Ipava Avenue, south of 178th Street, and north of 185th Street (CSAH 60). Ayes: Reuvers, Pattee, Stolte, Swecker, Detjen, Grenz, Drotning. Nays: 0 ITEM 6. NICHOLAS J. BRUYER .Chair Swecker opened the public hearing to consider the application of Nicholas J. Bruyer for the vacation of a public drainage and utility easement, located at 16411 Kingswood Drive. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. A representative of Mr. Bruyer was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. The representative presented an overview of Mr. Bruyer's request. Zoning Enforcement/ Recycling Coordinator Leif Hanson presented the planning report. Mr. Hanson stated that Mr. Bruyer's house was constructed in 1975 over the common lot line between Lots 2 and 3, Block 2, Kingswood Estates and also over the existing 6-foot wide drainage and utility easements that run along each side of the common lot line. He indicated that the original survey,. dated August 26, 1975, failed to show the common lot line between Lots 2 and 3, and also indicated that the 6-foot wide easements currently located under Mr. Bruyer's home were vacated. Mr. Hanson stated .that .the City currently does not have any record that the easements were vacated or that the two lots were combined into one lot. He indicated that if the 2 lots were combined, the resulting lot would reduce. the non- conforming status of the lots and the setbacks would comply with Zoning Ordinance requirements. Mr. Hanson stated that the Zoning Administrator must approvethe combination of the two lots into one zoning lot. Mr. Hanson indicated that there are no City utilities located within the .portion of the drainage and utility easements that would be vacated. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the Bruyer easement vacation, Planning Department staff recommends approval subject to the 2 stipulations listed in the May 25, 2005 planning report. Planning Commission Meeting June 2, 2005 Page 3 Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.55 Motion by Stolte, Second by Pattee to close the public hearing at 6:05 p.m. Ayes; Pattee, Stolte, Swecker, Detjen, Grenz, Drotning, Reuvers. Nays: 0 Commissioner Drotning commented that this is a good example of the reason why he feels that as-built surveys should be required for single family home construction. 05.56 Motion by Drotning, Second by Pattee to recommend to City Council approval of the Nicholas J. Bruyer public drainage and utility easement vacation, located at 16411 Kingswood Drive, subject to the 2 stipulations listed in the May 25, 2005 planning report. Ayes: Stolte, Swecker, Detjen, Grenz, Drotning, Reuvers, Pattee. Nays: 0 ITEM 7. JON DONATH Chair Swecker opened the public hearing to consider the application of Jon Donath for the vacation of a portion of a public drainage and utility easement, located at 19823 Iteri Place. Assistant City Attorney Poehler attested that. the legal notice had been duly published in accordance with State Statutes and City Code. Jon Donath was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Donath presented a brief overview of the project. Zoning Enforcement/Recycling Coordinator Leif Hanson presented the planning report. Mr. Hanson stated that Mr. and Mrs. Donath are proposing to construct a 150 square foot sunroom and a 150 square foot deck onto the back of their house, located at 19823 Iteri Place. He indicated that the easement vacation is being requested because a portion of the proposed sunroom and deck location will be constructed over a portion of the existing oversized rear yard drainage and utility easement. Mr. Hanson stated that the oversized drainage and utility easement was platted with. Marion Pines 2nd Addition in 1993 in order to accommodate runoff from adjacent properties for the catch basin that is located on the north property line. The existing drainage .pattern does not require the entire oversize easement Planning Commission Meeting June 2, 2005 Page 4 and there are no City-owned utilities located within the portion of the easement proposed. to be vacated. In addition, Mr. Hanson indicated that none of the private utility companies has objected to the proposed vacation. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the easement vacation, Planning Department staff recommends approval subject to the 4 stipulations listed in the May 25, 2005 planning report. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.57 Motion by Pattee, Second by Reuvers to close the public hearing at 6:10 p.m. Ayes: Swecker, Detjen, Grenz, Drotning, Reuvers, Pattee, Stolte. Nays: 0 05.58 Motion by Pattee, Second by Reuvers to recommend to City Council approval of the Jon Donath vacation of a portion of a public drainage and utility easement, located at 19823 Iteri Place, subject to the 4 stipulations listed in the May 25, 2005 planning report. Ayes: Detjen, Grenz, Drotning, Reuvers, Pattee, Stolte, Swecker. Nays: 0 ITEM 8. DESIGNED CABINETS AND CITY OF LAKEVILLE Chair Swecker opened the public hearing to consider the application of Designed Cabinets for a Conditional Use Permit to allow two principal buildings on one parcel in the I-2, General Commercial District, and to consider the application of the City of Lakeville for the vacation of public. drainage and utility easements, both located at 7965 - 215 Street. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Lonnie Anderson, Architect for APPRO Development was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Anderson presented a brief overview of the project. Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen stated that the City of Lakeville Park Maintenance building and property, located at 21400 Hamburg Avenue, is being purchased by Designed Cabinets, which is located on the adjacent property to the south at 7965 - 215 Street. He indicated Planning Commission Meeting June 2, 2005 Page 5 i that Designed Cabinets has submitted an administrative subdivision application to combine the two properties and a site plan to construct an addition onto their existing building. Mr. Kuennen stated that the administrative subdivision will require a conditional use permit to allow two principal buildings on a single parcel and the vacation of the existing drainage and utility easements located on the shared property line between the two parcels. Mr. Kuennen stated that a CUP can be granted provided the minimum lot area, lot width, and setback requirements are met according to the I-2 District section of the Zoning Ordinance. He indicated that the lot area, lot width, and setback requirements exceed the Zoning Ordinance requirements. Mr. Kuennen indicated that the lot combination will require the existing perimeter drainage and utility easements for each parcel to be vacated and new perimeter drainage and utility easements established following the boundaries of the parcels. Mr. Kuennen stated that the applicant has submitted plans for an addition onto the north side of the Designed Cabinets building. He indicated that the addition to the building will be a continuation of the existing exterior construction materials and will be used for additional manufacturing and warehousing space. Mr. Kuennen stated that Designed Cabinets is also proposing to reconfigure the parking lots of the existing buildings. He indicated that the separate parking areas adjacent to each building are proposed to be combined into one shared parking lot for both buildings. Mr. Kuennen explained that the overall combined site at full build-out will require a total of 186 parking spaces. The site plan identifies 101 parking spaces to be constructed immediately with 94 deferred parking spaces to meet the full build-out parking requirement. He stated that a parking deferment must be approved by the Zoning Administrator. Mr. Kuennen indicated that with this reconfiguration of parking, the three existing driveway accesses onto Hamburg Avenue will be reduced to two and .one driveway access will be relocated to align with an existing driveway access on the west side of Hamburg Avenue. Mr. Kuennen described the submitted landscape plan, including which trees will be planted within .the storm water basin area. The engineering report reviews the storm water treatment requirements in detail for the basin that will be constructed on City owned property to the east of the site. Planning Commission Meeting June 2, 2005 Page 6 Mr. Kuennen stated that the site is located next to 214 Street to .the north, Hamburg Avenue to the west and 215 Street (CSAH 70) to the south. He indicated that 214 Street is a dead end street within a 30-foot wide roadway easement and the applicant is proposing to construct a turnaround at the east end of 214 Street with a radius of 55 feet to allow trucks to turn around within the cul- de-sac. Mr. Kuennen stated that should the Planning Commission recommend. to City Council approval of the Conditional Use Permit and easement vacation, Planning Department staff recommends approval subject to the 2 stipulations listed in the May 26, 2005 planning report, and approval of the Findings of Facts dated June 2 2005. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.59 Motion by Drotning, Second by Pattee to close the public hearing at 6:20 p.m. Ayes: Grenz, Drotning, Reuvers, Pattee, Stolte, Swecker, Detjen. Nays: 0 Regarding the proposed Phase 2 addition that will connect the Designed Cabinets and Park Maintenance buildings, Commissioner Reuvers .asked if the exterior materials of the Park Maintenance building would be upgraded to match the existing Designed Cabinets building. Mr. Anderson indicated that there are no plans to modify the exterior materials of the Park Maintenance building at this time. Commissioner Grenz questioned the need. for the proposed parking deferment. Mr. Morey explained the parking deferment requirements of Chapter 19 of the Zoning Ordinance. 05.60 Motion by Reuvers, Second by Pattee to recommend to City Council approval of the Designed Cabinets Conditional Use Permit to allow two principal buildings on one parcel in the I-2, General Commercial District, and the vacation of public drainage and utility easements, both located at 7965 - 215 Street, subject to the 2 stipulations listed in the May 26, 2005 planning report, and approval of the Findings of Fact dated June 2, 2005. Ayes: Drotning, Reuvers, Pattee, Stolte, Swecker, Detjen, Grenz. Nays: 0 Planning Commission Meeting June 2, 2005 Page 7 ITEM 9. RIVER CITY ASPHALT INCORPORATED Chair Swecker opened the public hearing to consider the application of River City Asphalt, Incorporated for an Interim Use Permit to allow aggregate mining in the Permanent Rural District, located north of 205 Street and west of Interstate 35. Assistant City Attorney Poehler attested that the legal notice had been .duly published in accordance with State Statutes and City Code. Richard Carron, owner of River City Asphalt and Kirsten Pauly from Sunde Engineering, were in attendance at tonight's meeting to answer any questions that the Planning Commission or public .may ..have. Ms. Pauly presented a brief overview of the project. She presented a time line of what has taken place since they were approved for mining in 1997 and indicated at that time they stated it would be a 10-year mining process. Ms. Pauly distributed to the Planning Commission two handouts; a chart showing material removed from the Lakeville site between 1998 and 2004, and a handout explaining the value of resources .located in close proximity to construction projects. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Richard Carron, representing Valley Paving (a/k/a River City Asphalt) is requesting a 3-year extension to .his gravel mine .operation located west of Interstate 35 and north of 205 Street. He indicated that the applicant states that the 3-year extension is necessary to allow River City Asphalt time to complete the mining of the last 6.8 acres of the 29.8 acres that was approved for mining in 1997 and amended in 2002. Mr. Dempsey stated that the Conditional Use Permit Amendment approved in 2002 allowed the mine to operate until April 15, 2005. He explained that the Zoning Ordinance now requires an interim use permit for mining and excavation operations. He stated that staff recommends extension of mining and excavation until December 1, 2005 and reclamation/site restoration (including stockpile removal) until December 1, 2006. Mr. Dempsey reviewed the history of the subject property since the first conditional use permit. approval on February. 3, 1997. He indicated that gravel mining on the River City Asphalt property has occurred at a pace of about 3.25 acres per year since the first mining and excavation permit was approved in 1997. Mr. Dempsey stated that River City Asphalt is also requesting to bring clean fill soil onto the property to increase the .elevation of the reclamation grades. He indicated that the proposed reclamation plans would require approximately 200,000 cubic Planning Commission Meeting June 2, 2005 Page 8 yards of material to be brought onto the site to achieve the proposed final reclamation grades. Mr. Dempsey stated that River City Asphalt, Inc. has submitted a mining and reclamation plan that outlines the proposed mining area and reclamation in detail, along with. addressing required information for the Interim Use Permit, which are listed in detail in the May 25, 2005 planning report. Mr. Dempsey. stated that River City Asphalt hosted a neighborhood meeting on Wednesday, May 11, 2005 at 6:00 p.m. at the Super 8 Motel. He indicated that 16 neighbors attended the meeting and their concerns were addressed by River City Asphalt representatives and City of Lakeville representatives. Mr. Dempsey stated that the RS-1 portion of the subject property is located in the 2005 MUSA but has been an active aggregate mine since 1997. He indicated that the mining plans and application materials comply with the requirements of the City Code which governs Mining and Excavation activities. Mr. Dempsey stated that the Parks, Recreation, and Natural Resources Committee recommended approval of the River City Asphalt interim use permit at their June 1, 2005 meeting and strongly recommended completion of mining operations within the staff recommended timeframe to prevent future extension requests. Mr. Dempsey indicated that the Planning Department received two letters opposing an extension of the mining as requested by River City Asphalt. The letters were distributed to the .Planning Commission at tonight's meeting. Mr. Dempsey stated that should the Planning .Commission recommend to City Council approval of the River City Asphalt, Inc. Interim Use Permit, Planning Department staff recommends approval subject to the 10 stipulations listed in the May 25, 2005 planning report, and approval of the Findings of Fact dated June 2, 2005. Chair Swecker opened the hearing to the public for comment. Walter Krawza, 11881205th Street West Mr. Krawza commented that he would like restoration of the area to begin this year. He indicated that the rock crusher could be seen from his property and that it was quite loud. He also stated that they needed a better watering system to control dust. Planning Commission Meeting June 2, 2005 Page 9 John Raplinger, 11897 210th Street West Mr. Raplinger felt that the mining has a negative impact on the surrounding residential uses. He feels .the rock crusher is the biggest problem because of the noise it creates. He stated that River City Asphalt has not always followed the allowed hours of operation. Mike Dunham, 11513 205th Street West Mr. Dunham stated he does not have a problem with the mining operation. He felt that it was a good business because they pay their employees well. He indicated that when he had a problem with the mining operation, such as trucks speeding by his house and also fake-breaking, River City Asphalt addressed his concerns in a timely fashion .and it is no longer a problem. Mr. Dunham felt that two more. years would be enough time for them to finish mining and then restore the property. Dennis Gillespie, 17542 Kodiak Court Mr. Gillespie does not live in the immediate area. He lives by Orchard Lake and as a taxpayer he feels that the mining is a good thing given the need for aggregate in construction and the high cost of trucking the aggregate material. He indicated that economically, the Planning Commission would be negligent not to allow the requested extension of the mining. 05.61 Motion by Drotning, Second by Reuvers to close the public hearing at 7:00 p.m. Ayes: Reuvers, Pattee, Stolte, Swecker, Detjen, Grenz, Drotning. Nays: 0 Chair Swecker stated that she was very glad to get input from local residents regarding the pros and cons of this aggregate mining extension proposal. Commissioner Grenz asked if there are certain hours of operation that River City Asphalt must follow. Mr. Dempsey stated that the previous CUP set definite times of operation, which are more restrictive than the hours of operation listed in the nuisance chapter of the City Code. The Planning Commission addressed the neighbors' comments regarding watering for dust control, the rock crusher noise, and how the City has responded previously to complaints. Planning Commission Meeting June 2, 2005 Page 10 Commissioner Drotning commented that aggregate is an important resource for the City of Lakeville given the growth we are experiencing. He indicated that if the Planning Commission approves the River City Asphalt mining extension to the end of the year, River City Asphalt would likely come back. in 2006 and request another extension. Commissioner Drotning indicated that the conditional use permit approved in 2002 included 25 stipulations. He stated that this Interim Use Permit includes only 10 stipulations. He wanted to be sure that all pertinent stipulations from the previous CUP were included in this IUP. Commissioner Drotning stated that, concerning Mr. Krawza's and Mr. Rapplinger's comments, River City Asphalt needs to prove to the City and the surrounding residents that they are a good neighbor. Commissioner Stolte confirmed with Ms. Pauly that the MPCA air permits were in compliance. Commissioner Detjen asked if the complaints that were received by the City were logged and if there are fines or consequences, such as shutting down the mining operation, if they are not in compliance with the approved CUP and IUP. Mr. Morey stated that revocation of a CUP or IUP for non-compliance is a judgment call by the City, but is permitted by the Zoning Ordinance. He stated that one CUP has been revoked in his 17 years of working for the City. .The River City Asphalt. CUP can be revoked when not incompliance. Ms. Pauly encouraged neighbors who have complaints about the mining operation to contact River City Asphalt directly. She also indicated that it is very difficult to plan how much excavation will occur year by year. She stated that when River City Asphalt first applied for the conditional use permit in 1997, they indicated that it would be a 10 year process and they are right on schedule with that time frame. Commissioner Drotning asked how the City can best address possible requests for extension of mining if they feel an extension is not appropriate. Assistant City Attorney Poehler stated that the City would have two options: 1. Deny future IUP requests; and 2. Amend the Zoning Ordinance to prohibit mining in this situation. Mr. Morey stated that staff would like the Planning Commission to provide very clear direction concerning the end of mining activities and possible future extensions for the benefit of the. surrounding property owners. Planning Commission Meeting June 2, 2005 Page 11 The Planning Commission concurred to recommend that Stipulation number 2 be amended to allow mining until December 1, 2006 and reclamation to be completed by December 1, 2007. There would be no excavation, rock crushing, or processing after December 1, 2006. They indicated that they would not recommend approval of any additional extensions of mining operations and/ or reclamation beyond these dates. Also, the Planning Commission recommended that the following stipulations be added: 11. No concrete rubble shall be brought onto the property for recycling. 12. No truck traffic will be allowed on Keokuk Avenue between 205th Street and 210th Street. 13. The stipulations of CUP No. 2002-03 shall remain in full force and effect unless amended by this IUP. Mr. Morey stated that staff would review the 2002 conditional use permit to ensure there is no overlap of the stipulations proposed with this IUP. 05.62 Motion by Stolte, Second by Drotning to recommend to :City Council approval of the River .City Asphalt, Inc. Interim Use Permit to allow aggregate mining in the Permanent Rural District, located .north of 205th Street and west of Interstate 35, subject to the 10 stipulations listed in the May 25, 2005 planning report, as amended to revise stipulation number 2 and to add stipulation numbers 11, 12 and 13 as stated, and approval of the Findings of Fact dated June 2, 2005. Ayes: Pattee, Stolte, Swecker, Detjen, Grenz, Drotning, Reuvers. Nays: 0 Break at 7:45 Reconvened at 8:02 ITEM 10. SPIRTT OF BRANDTJEN FARM Chair Swecker opened the public hearing to consider the application of Tradition Ventures, LLC and Cobblestone Lake, LLC for: A. Comprehensive Plan amendment to modify the Staged MUSA Expansion Area Map; B. A rezoning from RS-3, Single Family Residential District to PUD, Planned Unit Development District; and C. The preliminary plat and development stage planned unit development. of 130 single family residential lots and five farmstead preservation lots to be known as Spirit of Brandtjen Farm, located north of 170th Street (C.R. 58), Planning Commission Meeting June 2, 2005 Page 12 east of Pilot Knob Road (C.R. 31), and south of 160 Street (C.R. 46). Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Planning Director Daryl Morey presented the history of the Spirit of Brandtjen Farm project which was initiated by Tradition Development in December of 2002. He stated that the sketch plan was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee and approved by the City Council on May 24, 2004. Mr. Morey stated that an EAW was completed and approved. He stated that the Planning Commission held seven work sessions to discuss .various design elements associated with the Spirit of Brandtjen Farm project, including a tour of similarmixed use developments. He stated that he was very pleased to be presenting this project to the Planning Commission tonight. Mr. Morey stated that staff has enjoyed working with Tradition Development on this project. Robert Wachholz and Tip Enebak from Tradition Development, and Mark Putman from Putman Planning & Design were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Wachholz • expressed his appreciation to Mr. Morey and Mr. Licht and to everyone that worked on this project. He presented a detailed .overview of the entire Spirit of Brandtjen Farm project, including the first phase of development. He also provided a progress update on the renovation of the cow barn, which will become the. Community Center for the Spirit of Brandtjen Farm PUD. Mr. Wachholz stated that this would be a "landmark place to live." Mr. Morey thanked Mr. Wachholz for his outstanding presentation. He next introduced Daniel Licht from NAC who has been invaluable to this project for his expertise and hard work. Daniel Licht from Northwest Associated Consultants (NAC) presented the planning report. Mr. Licht stated that Tradition Ventures, LLC and Cobblestone Lake, LLC have submitted plans for PUD Development Stage Plan and preliminary plat approval of Spirit of Brandtjen Farm. He indicated that this proposed development is a multiple phase, mixed use subdivision and will consist of up to 2,109 residential dwellings and 150,000 square feet of various types of commercial uses. He indicated that the first phase will consist of 130 single family lots, five lots comprising the Farmstead Preservation Area which includes the home and dairy barn of the historic Brandtjen family farm, and 28 outlots. Planning Commission Meeting June 2, 2005 Page 13 Mr. Licht stated that the developer has acquired the 40 acre Winkler parcel southwest of the subject site and incorporated that property as part of the Spirit of Brandtjen Farm development plan. He indicated that the addition of the Winkler parcel to the subject property is positive for construction of the minor collector parkway and extension of lateral. sanitary sewer to Spirit of Brandtjen Farm: Mr. Licht stated that the integration of this property will affect the proposed preliminary plat for the initial Spirit of Brandtjen Farm site, including three potential additional single family lots within the subject site. He stated that the Winkler property is .not being formally considered as part of the present applications, but the Spirit of Brandtjen Farm Land Use Plan and related drawings of the PUD Development Plan booklet have been revised to illustrate inclusion of the Winkler property as part of Spirit of Brandtjen Farm. Mr. Licht explained where and how the MUSA affects the subject property, which is described in detail in the May 27, 2005 planning report. He stated that the proposed phasing of the project requires an amendment to the MUSA staging plan to swap 160 acres of MUSA Expansion Area A land within the Nordic Square (north) portion.' of the Spirit of Brandtjen Farm project for 160 acres of MUSA Expansion Area B land within the Brandtjen (south) .portion of the project. Mr. Licht stated that the developer has proposed a development plan that goes beyond the planning required for typical subdivision applications. He indicated that the implementation of this development plan is made feasible by utilizing performance standards and architectural requirements for each of the proposed and potential land uses as part of a master planned development prepared by the developer and their professional planning and engineering consultants to be enabled under a PUD District. Mr. Licht explained why this development is to be established as a PUD District. He indicated that the provisions of the PUD District have been compiled as a comprehensive "tool-kit" (the May 26, 2005 Spirit of Brandtjen Farm PUD Development Plan booklet), which will be the foundation of and incorporated into the formal ordinance establishing the Spirit. of Brandtjen Farm PUD District. Mr. Licht explained the three key flexibilities of the PUD District, which are listed in detail in the May 27, 2005 planning report. Mr. Licht stated that to provide direction and anticipate the full range of uses that may be accommodated within the Spirit of Brandtjen Farm development, each of the land use districts designated on the Spirit of Brandtjen Farm Land Use Plan will be tied to uses allowed in the most closely related conventional zoning district as outlined in the .May 27, 2005 planning report. Planning Commission Meeting June 2, 2005 Page 14 Mr. Licht stated that special consideration is required .for designating the allowable uses for the FPA given the unique character of this area and opportunities for creative reuse or re-creation of significant buildings. He listed the specific PUD District allowed uses for the FPA. Mr. Licht stated that a specific listing of public and HOA owned/maintained areas, parks, open spaces and facilities identified on the Spirit of Brandtjen Farm Land Use Plan also necessitates the need to define allowed uses for these areas. He indicated that the PUD District will specify that the allowed uses of these spaces are limited to public, quasi-public or private parks, trails, playgrounds and directly related buildings and structures owned, operated and maintained only by the City of Lakeville or the Master Homeowners Association. Mr. Licht stated that because of the need for flexibility as to the uses allowed within the subject development, other uses as may be allowed in .the various zoning districts defined in Chapter 45 of the Zoning Ordinance will be treated as potentially allowable uses within any given sub-district of the Spirit of Brandtjen Farm Land Use Plan subject to a finding by the City Council that the use will be compatible with the desired character of the area and previously .approved uses as part of a Development Stage Plan application. Mr. Licht stated that the PUD District will establish a specific set of lot. requirements for the various land use areas within Spirit of Brandtjen Farm. He indicated that specific to the proposed preliminary plat for Phase 1, the PUD District establishes three distinct types of single family lots: estate, traditional and cottage. The Phase 1 preliminary plat includes 44 estate lots, 66 traditional lots and 20 cottage lots, for a total of 1301ots. Mr. Licht indicated that Lot 9, Block 1 is an additional lot that has been created to accommodate the existing farmhouse within the FPA. He stated that all lots have been found to conform to the respective minimum requirements for lot area, lot width and depth, and setbacks. Mr. Licht stated that the developer has proposed additional flexibility in the form of a five foot reduction in the principal building side yard setback from a corner street from 20 feet to 15 feet. He indicated that the developer requested this flexibility to allow for the width of homes on the corner lots to be consistent with, if not larger than, that of interior lots such that potentially more significant homes can be constructed at these prominent locations throughout the development. He identified two stipulations that would have to be met in order to utilize this reduced setback. Planning Commission Meeting June 2, 2005 . Page 15 Mr. Licht stated that a major focal point of the Spirit of Brandtjen Farm development plan is the farmstead preservation area focused on the restoration of the historic Brandtjen family home and dairy barn and potential reconstruction of other buildings. He indicated that this area is proposed to be platted as five lots accessed through privately maintained streets, including a proposed direct access to 170 Street. Mr. Licht- stated that the proposed Spirit of Brandtjen Farm development plan, including the Winkler parcel, establishes an overall system of public parks and public accessible/private maintained open space/common area, along with public and/ or public accessible/ private maintained trails and sidewalks, which will be developed to allow for connection to other local and regional facilities as part of a larger recreation system. Mr. Licht indicated that an analysis has been done by City staff to determine appropriate park dedication requirements applicable to the Spirit of Brandtjen Farm Land Use Plan. He indicated that the park dedication requirement for the entire Spirit of Brandtjen Farm development will be met by a combination of land and cash dedication. He stated that the Parks, Recreation and Natural Resources Committee reviewed the preliminary plat and PUD Development Stage Plan at their June 1, 2005 meeting and unanimously recommended approval. Mr. Licht explained that the developer will be required to establish a Master Homeowners Association to provide for the ownership and maintenance of parks and open space and common facilities shown on the development plan.. He indicated that future phases of Spirit of Brandtjen Farm involving uses established with unit/base lots or by condominium ownership will be required to create separate homeowner organizations that are sub-associations of the Master Homeowners. Association. Mr. Licht .stated that another responsibility for the Homeowners Association as part of the Spirit of Brandtjen Farm PUD District is architectural control. Mr. Licht discussed access to the subject site and indicated that primary access points to Spirit of Brandtjen Farm are provided at intersections to 160 Street (CSAH 46), Pilot Knob Road (CSAH 31) and 170 Street (CR 58) based on Dakota County spacing requirements. He indicated that additional accesses to the east of the subject site are planned in anticipation of Diamond Path (CSAH 33) being constructed with future phases of Spirit of Brandtjen Farm. Public street access to the Phase 1 preliminary plat will be provided only from 170 Street via the minor collector parkway street and Street P. Planning Commission Meeting June 2, 2005 Page 16 Mr. Licht indicated that a private access directly into the Spirit of Brandtjen Farm is proposed to 170 Street at the location of the existing driveway to the Brandtjen farmstead south of the dairy barn. He stated that maintaining a separate access to the development at this location is critical for the aesthetic prominence of the Brandtjen family home and restored dairy barn as well as access and circulation to potential re-use/reconstruction of the machine shed, horse riding arena/stable and outdoor horse track/field. The Dakota County Plan Commission considered the preliminary plat and access spacing variance on May 31, 2005. Mr. Morey attended the meeting and indicated that the variance was approved. Mr. Licht explained the developer's efforts to incorporate the Winkler parcel within the Spirit of Brandtjen Farm.. The new arrangement as Mr. Licht described provides for better alignment of the proposed access to the Winkler .parcel. The net affect of the changes described by Mr. Licht are three additional lots being created within Phase 1 of the Spirit of Brandtjen Farm development. He indicated that the changes are not reflected on the submitted preliminary plat and construction plans and it is ~ anticipated that .the area of Blocks 3, 4, 5 and 13 will. be revised prior to consideration of the preliminary plat by the City Council. Mr. Licht stated that sanitary sewer connections are being made through the adjacent. Winkler property, necessitating a detailed sketch plan and preliminary grading plan for that property as part of incorporating it within Spirit of Brandtjen Farm. Mr. Morey introduced Bret Weiss from WSB and expressed his thanks for WSB's expertise on this project. Bret Weiss from WSB & Associates, Inc. presented the engineering report. Mr. Weiss stated that the City of Lakeville and the developer have worked together to create a unique development to the City of Lakeville that incorporates several .new concepts, including roundabouts and bumpouts. Mr. Weiss described the roundabouts and bumpouts, along with on-street parking, sidewalks and pathway systems, and boulevard trees. He explained the parking and various public and private street designs. Mr. Weiss stated that the utility design as noted on the preliminary utility plan incorporates the desired layout as required by City comprehensive plans and design standards. Mr. Weiss indicated that the plan shows that grading will be done in phases in order to reduce erosion and limit the amount of exposed. soils at one time. He Planning Commission Meeting June 2, 2005 Page 17 stated that the developer is proposing to start grading upon approval of the preliminary plat by the City Council in accordance with a final grading plan. Mr. Weiss stated that the developer will be required to provide the necessary securities to ensure that the grading and erosion control is completed according to City standards. Mr. Morey concluded the presentations and stated that this project has set a high standard for PUD developments with the creation by the developer of eight colored workbooks detailing the various design elements proposed for Spirit of BrandtJen Farm. He stated that he greatly appreciates all the hard work that the Planning Commission has put in via their work sessions and he also thanked Assistant City Engineer, jay Rubash for providing in-house expertise on various aspects of the proposed development. Mr. Morey suggested an additional stipulation which should be included in the May 27, 2005 planning report as follows: 12. Incorporate the comments and recommendations from the WSB Engineering report, dated May 26, 2005. Mr. Morey stated that staff recommends approval of the Spirit of Brandtjen Farm preliminary plat and development stage PUD, Comprehensive Plan amendment, and PUD rezoning. Chair Swecker opened the hearing to the public for comment. 'There were no comments from the audience. 05.63 Motion by Pattee, Second by Stolte to close the public hearing at 9:10 p.m. Ayes: Stolte, Swecker, Detjen, Grenz, Drotning, Reuvers, Pattee. Nays: 0 Chair Swecker expressed her thanks for the professional quality of the development booklets and visual aids that the developer provided throughout the work session process. She indicated that whenever there was a question or issue, the developer supplied pertinent information, diagrams, and pictures, which made it easier for the Planning Commission to address. She stated that the developer has put a jot of pride into the Spirit of Brandtjen Farm development. Commissioner Stolte stated that he thought this was a very good project. He indicated that there were significant issues to deal with at the beginning of .the `process, but he feels they have been worked out to his satisfaction that will make for a great development. Planning Commission Meeting June 2, 2005 Page 18 Commissioner Reuvers commented on the number of work .sessions the Planning Commission held and how it's been a real treat to be involved with this project. Commissioner Grenz commented that he feels the roundabouts are an important design element for this project. Commissioner Detjen stated he is very comfortable with the design flexibilities associated with this PUD given the amount of time and effort the developer, staff, and the Planning Commission have put into reviewing the various design elements. Commissioner Pattee stated that this was an intelligently designed development. He stated his appreciation for the hard work that everyone has put into this development. The Planning Commission explained to the audience that the Planning Commission does not have many remaining questions at this time because of their extensive. work session discussions over the past year. Commissioner Drotning discussed the re-design of the plat which places several • pocket parks adjacent to the minor collector parkway. He recommended that the developer consider eliminating Street L and the pocket park in Outlot L and replacing it with one or two single-family lots within driveway access off of the carriageway extended from Street D to Street C. He also recommended that the proposed off-street trail east of the minor collector Parkway south of Street E be extended to the large pocket park within Outlot G. 05.64 Motion by Reuvers, Second by Detjen to recommend to City Council .approval of the. Spirit of Brandtjen Farm preliminary plat and development stage planned unit development of .130 single family residential lots and five farmstead preservation lots, a .Comprehensive Plan amendment to modify the .Staged MUSA .Expansion Area Map, and a rezoning from RS-3, Single Family Residential District to PUD, Planned Unit Development District, subject to the 11 stipulations listed in the May 17, 2005 planning report, as amended. Ayes: Swecker Detjen, Grenz, Drotning, Reuvers, Pattee, Stolte. Nays: 0 Commissioner Grenz excused himself from the meeting at 9:35. • Planning Commission Meeting June 2, 2005 Page 19 ITEM 1O. WINKLER PROPERTY Chair Swecker opened the discussion of the Winkler property concept plan, consisting of 39 single family lots and 52 attached townhouse units on 39.4 acres of land, located north of 170 Street (C. R 58) and east of Pilot Knob Road (C. R. 31). Mr. Wachholz presented the concept plan and how they .have worked to integrate the Winklerproperty into the Spirit of Brandtjen Farm development. He stated that the proposed single family .homes and townhomes will .follow the. design parameters proposed for the Spirit of Brandtjen Farm development. He pointed out the prominent entryway off of the minor collector. parkway as .well as proposed trail connections. He stated that they are proposing guest parking spaces on-street. ..and in the driveway aprons of the townhomes. Daniel Licht from NAC presented the planning report. Mr. Licht stated that Tradition Development Inc. has submitted a sketch plan far a development of a 39.4 acre parcel located northwest of 170 Street and Eagle View Drive that abuts the southwest corner of the proposed 508 acre Spirit of Brandtjen Farm development.. He indicated that the applicant proposes to integrate the subject site as part of the overall Spirit of Brandtjen Farm development plan. Mr. Licht stated that the sketch plan includes 39 single family lots and 52 row townhouse dwellings to be developed under the same performance standards as proposed for the Spirit of Brandtjen Farm PUD. Mr. Licht indicated that the subject site is currently developed with farmstead related buildings, which will be torn down. He .stated. that the primary .compatibility issues for development of the subject site involve the integration of the. development with Spirit of Brandtjen Farm, which will be addressed as the two properties are now to be developed as a single project. Mr. Licht stated that as an expansion of the Spirit of Brandtjen Farm PUD District to include 548 gross acres of land, the proposed zoning of the subject site to PUD District is consistent with the Zoning Ordinance requirements. Mr. Licht stated that this property is designated for low density residential units, but the inclusion of the proposed row townhomes within this land use area is based on the second key flexibility sought by the applicant as part of the Spirit of Brandtjen Farm PUD District. • Planning Commission Meeting June 2, 2005 Page 20 Mr. Licht stated that the sketch plan illustrates the lot requirements applicable to the three types of single family lots, but no designation is made on the drawing as to the standards applicable. to specific lots, so this information must be added as part of a subsequent preliminary plat application. Mr. Licht stated. that the sketch plan shows a 15 foot side yard setback for corner townhouse units. The sketch plan must be revised to include a 20 foot setback consistent with the Spirit of Brandtjen Farm PUD design standards. Mr. Licht discussed street design and access to the subject project as well as proposed sidewalks and trail connections. Mr. Licht indicated that the overall land required to be dedicated to the City in satisfaction of park dedication is less than the full area required and is to be fulfilled by a combination of land dedication and cash. Mr. Licht stated that should the Planning .Commission recommend to the City Council approval of the Winkler property concept plan, Planning Department staff recommends approval subject to the 5 stipulations listed in the May 27, 2005 planning report. Chair Swecker opened the discussion to the Planning Commission. Chair Swecker. asked where the off-street guest parking spaces would be located for the proposed townhouses. Mr. Wachholz replied that they were intending to utilize on-street parallel parking and .parking on the driveway to accommodate guest parking needs consistent with the Spirit of Brandtjen Farm design standards. Mr. Morey indicated that 26 off street guest parking spaces are required for the 52 proposed townhouse units. On-street parking does not count toward meeting the guest parking requirement. The intent of the. Spirit of Brandtjen Farm PUD was to allow on-street spaces to count toward the guest parking requirement in those instances where the townhouses are accessed off of a rear alley or private drive and the public street at the front of the building is unencumbered by driveways, .thus allow more opportunity for on-street parking. Commissioner Drotning stated that the developer needs to provide off street parking spaces given that the. townhouse units will have driveways accessing streets in front of the building. He indicated that the developer could potentially reduce the number of off-street guest parking spaces by increasing the townhouse building streets D and E (one-way) as private, which would not be subject to the . City's winter parking regulations. Planning Corrunission Meeting June 2, 2005 Page 21 Mr. Wachholz indicated that they appear to have misunderstood the discussion about on-street guest parking that took place at the Planning Commission work sessions. He stated that parking in the back of the houses/townhouses is the opposite of what they are trying to achieve. Mr. Drotning stated that this is a livability issue. The people that buy townhomes in the Spirit of Brandtjen Farm development deserve no less in terms of guest .parking than townhouse owners elsewhere in the City. He indicated that there are options that can be examined before the Winkler property preliminary plat is submitted. He stated that providing adequate guest parking is a stipulation of the Planning report so it does not have to be resolved at tonight's meeting. Mr. Morey stated he was confident that the off street parking issue can be resolved. 05.65 Motion by Drotning, Second by Reuvers to recommend to City Council approval of the Winkler Property concept plan, consisting of 39 single family lots and 52 attached townhouse units on 39.4 acres of land, located north of 170 Street (C.R. 58) and east of Pilot Knob Road (C.R. 31), subject to the 5 stipulations listed in the May 27, 2005 planning report. Ayes: Detjen, Drotning, Reuvers, Pattee, Stolte, Swecker. Nays: 0 There being no further business, the meeting was adjourned at 10:25 p.m. Respectfully submitted, Penny Br vi , Recording S e ry ATTEST• G Ke Swecker,.Chair