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HomeMy WebLinkAbout08-18-05 CITY OF LAKEVILLE Planning Commission Meeting Minutes AUGUST 18, 2005 The August 18, 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: Pattee, Stolte, Swecker, Grenz, Drotning. Absent: Detjen, Reuvers, Arvidson. 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; Soren Mattick, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The August 4, 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. An e-mail from Joe Blee expressing his interest in representing the Planning Commission on the Downtown Redevelopment Task Force. 2. August 17, 2005 Parks, Recreation and Natural Resources Committee meeting motions regarding the Prairie Lake 8~ Addition final plat, the Schroeder variance, the Highview Heights 8~ Addition preliminary and final plat, the Crescent Ridge preliminary and final plat, the Spirit of Brandtjen Farm final plat, and the Spirit of Brandtjen Farm 2nd Addition preliminary and final plat. 3. Letters from the Dakota County Plat Commission regarding Highview Heights 8~ Addition and Spirit of Brandtjen Farm. 4. A letter from Bob Shaw, St. Paul Pioneer Press reporter, responding to City Administrator Steve Mielke's "Letter to the Editor' regarding the most recent article about the Spirit of Brandtjen Farm development. Regarding Agenda Item 13, Spirit of Brandtjen Farm 2nd Addition, the Agenda should have read consider the preliminary and Final plat of Spirit of Brandtjen Farm 2nd Addition. Planning Commission Meeting August 18, 2005 Page 2 ITEM 5. DOWNTOWN REDEVELOPMENT PLAN TASK FORCE There was a short discussion regarding the Downtown Redevelopment Plan Task Force. Commissioner Drotning suggested that we also appoint an alternate. 05.74 Motion by Drotning, Second by Pattee to appoint Joe Blee as the Planning Commission representative to the Downtown Redevelopment Plan Task Force, and Kerrin Swecker as the alternate. Ayes: Pattee, Stolte, Swecker, Grenz, Drotning. Nays: 0 ITEM 6. CONSENT AGENDA 05.75 Motion by Pattee, Second by Drotning to recommend to City Council approval of the August 18, 2005 Planning Commission Consent Agenda as follows: A. Approve the request of Cynthia Konich for athree-year extension of a Special Home Occupation Permit to operate a massage therapy business out of her home, located at 17217 Idlewood Way. B. Approve the request of US Home Corporation for the final plat of 79 townhome units to be known as Prairie Lake 8~ Addition, located north of 185+ Street (C. R. 60) and west of Kenyon Avenue. Ayes: Stolte, Swecker, Grenz, Drotning, Pattee. Nays: 0 ITEM 7. STEVE AND CHERI SCHROEDER Chair Swecker opened the public hearing to consider the application of Steve and Cheri Schroeder for a variance to allow a single family home to be constructed on a lot without City sanitary sewer at a setback less than 100 feet from the Ordinary High Water Level (OHWL) of Orchard Lake, located at 17155 Kirben Avenue. Assistant City Attorney Mattick attested that the legal notice had been duly published in accordance with State Statutes and City Code. Steve and Cheri Schroeder were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Schroeder presented an overview of the project. Planning Commission Meeting August 18, 2005 Page 3 • Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Steven and Cheri Schroeder plan to remove the existing house and outbuildings and replace the private sanitary sewer system and pave the driveway. He indicated that they are asking for the variance to allow a new house to be constructed on a property served with private sanitary sewer with the setback less than 100 feet from the Orchard Lake Ordinary High Water Level. Mr. Dempsey reviewed the history of the property and what the Schroeder's have done in the past year and a half to try to achieve City sewer, water, street pavement and curb and gutter improvements to the ten single family lots that abut Kirben Avenue. He indicated that the estimated cost per lot for a City improvement project was determined to be too high by most of the property. owners and that many of the homeowners had recently replaced their septic systems. Mr. Dempsey stated that the Planning Commission met informally with the Schroeder's at a work session on July 21, 2005. The Planning Commission concluded that there was a justifiable hardship associated with the variance request and eliminating the six existing non-conformities meets Zoning Ordinance requirements. Mr. Dempsey indicated that the. survey submitted with the Variance application shows that five significant trees will be removed when the new house is built. A minimum of five, 21h inch caliper overstory trees will be planted on the property following construction of the new home. Mr. Dempsey stated that the subject property will meet the maximum allowable impervious surface area for a single family residential lot in the Shoreland Overlay District. He indicated that the property is legal non-conforming for lot area and lot width for an unsewered lot in the Shoreland Overlay District. Mr. Dempsey indicated that a new private sanitary sewer system and well will be required. The proposed primary and secondary septic drain fields will meet the required 100 foot setback to the Orchard Lake OHWL. Mr. Dempsey reviewed the five criteria that must be considered and determined for the approval of a variance in the Shoreland Overlay District. Mr. Dempsey stated that the Department of Natural Resources has reviewed the plans and is not opposed to the proposed variance. • Planning Commission Meeting August 18, 2005 Page 4 Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Schroeder variance, Planning Department staff recommends approval subject to the 8 stipulations listed in the August 12, 2005 planning report. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.76 Motion by Pattee, Second by Stolte to close the public hearing at 6:12 p.m. Ayes: Swecker, Grenz, Drotning, Pattee, Stolte. Nays: 0 Commissioner Drotning commented that the homeowner has worked very hard to protect the integrity of the property and has put a lot of effort into their plans. He felt that the proposal was the best possible outcome, considering the circumstances. Commissioner Grenz asked if any the other properties would have the same problem meeting setbacks if they were to rebuild their houses. Mr. Dempsey explained that it was unlikely that there would be any further variance requests for the properties abutting Kirben Avenue. Chair Swecker confirmed that if city sanitary sewer came into this area, the lot and setbacks would be conforming. 05.77 Motion by Drotning, Second by Stolte to recommend to City Council approval of the Schroeder variance to allow a single family home to be constructed on a lot without City sanitary sewer at a setback less than 100 feet from the Ordinary High Water Level (OHWL) of Orchard Lake, located at 17155 Kirben Avenue, subject to the 8 stipulations listed in the August 12, 2005 planning report, and approval of the Findings of Fact dated August 18, 2005. Ayes: Grenz, Drotning, Pattee, Stolte, Swecker. Nays: 0 ITEM 8. PARKVIEW ELEMENTARY Chair Swecker opened the public hearing to consider the application of Independent School District 196 for a Conditional Use Permit Amendment to allow the construction of an addition onto the Parkview Elementary School building, located at 6795 Gerdine Path. Assistant City Attorney Mattick attested that the Planning Commission Meeting Augustl8, 2005 Page 5 legal notice had been duly published in accordance with State Statutes and City Code. Scott McQueen from Wold Engineering, representing ISD 196, was in attendance at tonight's meeting to answer any questions that the Planning Cornrnission or public may have. Mr. McQueen presented an overview of the project. Zoning Enforcement Coordinator Leif Hanson presented the planning report. Mr. Hanson stated that ISD 196 has submitted an application for a conditional use permit amendment to construct a 4,880 square foot addition, which will include four classrooms, to the north side of the Parkview Elementary school building, located at 6795 Gerdine Path. Mr. Hanson reviewed the relevant performance standards that are listed in detail in the August 10, 2005 planning report, which include site design, pedestrian circulation, off street parking, screening and landscaping, site drainage, and architectural appearance. He stated that the school district will plant seven trees north of the building addition. Also,. six additional parking spaces will be constructed on the east side of the site to bring the site into compliance with Zoning Ordinance parking requirements. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the Parkview Elementary School Conditional Use Permit amendment, Planning Department staff recommends approval subject to the 5 stipulations listed in the August 10, 2005 planning report, and approval of the Findings of Fact dated August 18, 2005. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.78 Motion by Stolte, Second. by Pattee to close the public hearing at 6:26 p.m. Ayes: Grenz, Drotning, Pattee, Stolte, Swecker. Nays: 0 Commissioner Grenz asked how close the new addition was from the north side yard setback. Mr. McQueen indicated that it was plus or minus 80 feet. Chair Swecker confirmed that "compatible' when discussing the exterior of the addition in the planning report means the same exterior material and colors as the existing school building. Planning Commission Meeting August 18, 2005 Page 6 05.79 Motion by Stolte, Second by Pattee to recommend to City Council approval of the Parkview Elementary Conditional Use Permit amendment to allow the construction of an addition to the Parkview Elementary school building, located at 6795 Gerdine Path, subject to the 5 stipulations listed in the August 10, 2005 planning report, and approval of the Findings of Fact, dated August 18, 2005. Ayes: Drotning, Pattee, Stolte, Swecker, Grenz. Nays: 0 ITEM 9. CHURCH OF GOD Chair Swecker opened the public hearing to consider the application of Church of God for the preliminary and final plat of two single family residential lots and one church lot to be known as Highview Heights 8~ Addition, located at 8130 - 160 Street, a vacation of boundary drainage and utility easements, and a Conditional Use Permit amendment to modify the site plan for the Church of God. Assistant City Attorney Mattick attested that the legal notice had been duly published in accordance with State Statutes and City Code. . John Bender of MFRA, a consultant for the Church of God, was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Bender presented an overview of the project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Church of God representatives have submitted applications and plans for the Highview Heights 8~ Addition preliminary and final plat of two single family lots and one church lot, located at 8130 - 160 Street, a conditional use permit amendment, and vacation of boundary drainage and utility easements. He indicated that the site currently has a church, a detached accessory building, and parking and driveway areas. The accessory building will be removed from the property as part of the overall site development. He indicated that the church plans to sell one single family lot and keep one of the lots for a parsonage. Mr. Dempsey reviewed the history of the subject property, including the temporary. unpaved driveway access onto Harmony Path. He stated that the proposed new plat will include a relocated, paved driveway onto Harmony Path across from Harvard Drive. Mr. Dempsey stated that consistent with City policy regarding the re-plat of property, all existing drainage and utility easements will be vacated and re- • established with the final plat of Highview Heights 8~ Addition. He indicated that Planning Commission Meeting August 18, 2005 Page 7 the Highview Heights 8~ Addition final plat will include new drainage and utility easements for stormwater management purposes as well as new boundary drainage and utility easements around the perimeter of the proposed new lots. Mr. Dempsey stated that the subject property is zoned RS-3, Single Family Residential District, which allows for single family residential homes as permitted uses and churches by conditional use permit. Mr. Dempsey indicated that all lots in the Highview Heights 8~ Addition final plat meet the minimum lot area and lot width requirements of the Zoning Ordinance. He stated that there is one outlot proposed. Outlot A will be deeded to the City as a wetland and wetland buffer area. Mr. Dempsey stated that the existing local street that serves the property, which is Harmony Path, will serve the two single family home lots and the church parking lot. He indicated that the existing church driveway access onto 160+ Street (CSAH 46) will be removed and replaced with a sidewalk constructed between the path on the south side of 160 Street and the church turn-around on the north side of the church building. Mr. Dempsey stated that the plans must be amended to show a 24 • foot wide driveway prior to City Council consideration in order to accommodate two-way traffic. Mr. Dempsey stated that the Parks, Recreation, and Natural Resources reviewed this request at their August 17, 2005 meeting and their recommendation has been distributed to the Planning Commission at tonight's meeting. Mr. Dempsey stated that the proposed Highview Heights 8~ Addition preliminary and final plat has 303 significant trees. The plan proposed to save 269 of these trees. The developer will be required to provide a $5,000.00 tree preservation security with the Highview Heights 8~ Addition .preliminary and final plat as outlined in the engineering report. Mr. Dempsey indicated that the church will install a staggered row of 33 six foot tall Black Hills Spruce trees along the church driveway from Harmony Path, which will also screen the church parking lot. Mr. Dempsey stated that a wetland delineation shows that a wetland is located in the northwest corner of the existing church property. There are no wetland impacts on the proposed plans for the Highview Heights 8~ Addition. i Planning Commission Meeting August 18, 2005 Page 8 i Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Church of God preliminary and final plat, vacation, and conditional use permit amendment, Planning Department staff recommends approval subject to the 10 stipulations listed in the August 12, 2005 planning report, and approval of the Findings of Fact dated August 18, 2005. Chair Swecker opened the hearing to the public for comment. Tim Skalsky, 16128 Harmony Path Mr. Skalsky indicated that there is a discrepancy with the church`s south property line, which appears to extend past his fence and into his yard. He wants to know if this can be "fixed" through an easement with the church. Mr. Skalsky also indicated that traffic in the neighborhood is a concern. He suggested that a right turn lane be constructed on 160 Street at the existing church driveway for traffic safety purposes. 05.80 Motion by Drotning, Second by Pattee to close the public hearing at 6:44 p.m. Ayes: Pattee, Stolte, Swecker, Grenz, Drotning. Nays: 0 Mr. Dempsey responded to Mr. Skalsky's concern regarding the fence encroachment. He indicated that the previous homeowner installed the fence without a permit. Mr. Dempsey stated that the lot line is correct, but the fence was installed on the church property by the previous homeowner. He suggested that Mr. Skalsky have his north lot line staked to verify the lot line location in relation to the location of the fence. Commissioner Drotning stated that property line disputes are a private matter and need to be resolved between the two property owners. Mr. Rubash indicated that 160 Street is a County road and Dakota County will not likely construct a right turn lane at the existing church driveway because it does not meet their access spacing guidelines. He stated that the existing driveway access onto 160 Street will be relocated to Harmony Path. Regarding the encroachment, Mr. Morey stated that, consistent with past practice, a stipulation should be added to the recommendations of the August 12, 2005 planning report. Commissioner Drotning asked about signage. Mr. Dempsey stated that there is an existing freestanding sign facing 160 Street (C. R. 46). The church has not Planning Commission Meeting August 18, 2005 Page 9 • indicated any change to the current sign, and indicated that a directional sign could be installed at the new driveway access off of Harmony Path. The Planning Commission agreed that a stipulation be added stating that .all signage must meet Sign Ordinance requirements. There was a discussion regarding the current lighting and the need to update it so that it does not impact the neighboring properties. The Planning Commission felt that the property should be lit better for safety reasons. Commissioner Drotning suggested that a lighting requirement be added as a stipulation. Mr. Morey stated that any new lighting must meet Zoning Ordinance requirements. The developer must prepare a lighting plan for City staff review prior to the installation of any new lighting. Mr. Bender indicated that he will discuss the lighting issue with his client. He believed that updated lighting would be desirable. Chair Swecker commented on the benefits of relocating the driveway access from 160 Street to Harmony Path. Commissioner Grenz asked if the number of parking spaces meets current Zoning Ordinance requirements. Mr. Dempsey stated that the number of parking spaces meets City requirements. The following additional stipulations were suggested: 11. Any encroachments onto the church property must be eliminated. 12. All signage must meet the Sign Ordinance requirements. 13. A lighting plan must be submitted for staff review prior to installation and must comply with Zoning Ordinance requirements. 05.81 Motion by Drotning, Second by Pattee to recommend to City Council approval of the Church of God preliminary and final plat of two single family residential lots and one church lot to be known as Highview Heights 8~ Addition, located at 8130 - 160~ Street, a vacation of boundary drainage and utility easements, and a Conditional .Use Permit amendment to modify the site plan for the Church of God, subject to the 10 stipulations listed in the August 12, 2005 planning report, as amended, and approval of the Findings of Fact, dated August 18, 2005. Ayes: Stolte, Swecker, Grenz, Drotning, Pattee. Nays:0 Planning Commission Meeting August 18, 2005 Page 10 ITEM 10. CRESCENT RIDGE Chair Swecker opened the public hearing to consider the application of LaFavre/Miller Development Company for the preliminary and final plat of seven single-family residential lots and one outlot to be known as Crescent Ridge, located east of Holyoke Avenue and north of 195 Street. Assistant City Attorney Mattick attested that the legal notice had been duly published in accordance with State Statutes and City Code. Bob Wiegert from Paramount Engineering and Design and Kevin Thein from LaFavre/Miller Development were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Wiegert presented an overview of the project. Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen stated that LaFavre/Miller Development has submitted a preliminary and final plat application for the development of seven single family homes to be named Crescent Ridge, located north of 195 Street and west of Holyoke Avenue. Mr. Kuennen stated that the preliminary and final plat of Crescent Ridge includes two outlots. Outot A encompasses the area being used for stormwater detention and infiltration and will be dedicated to the City with the final plat. Outlot B includes a ghost plat for the remainder of the subject property, which includes the relocation of Holyoke Avenue. He stated that Outlot B would be platted into single family lots in the future after the developer has obtained the necessary right-of-way needed for the relocation of Holyoke Avenue. Mr. Kuennen stated that all lots in the Crescent Ridge preliminary and final plat meet the minimum lot area and lot width requirements of the Zoning Ordinance for the RS-3, Single Family Residential District. He also indicated that all double frontage lots adjacent to the future 195 Street meet the buffer yard and increased setback requirements as required by the Zoning Ordinance. Mr. Kuennen stated that the landscape plan shows the installation of a double row of 10-foot tall evergreen trees, spaced every 15 feet with an .interspersed row of deciduous trees along Holyoke Avenue adjacent to Outlot A and the future cul-de- sac. He indicated that the screening at the end of the future cul-de-sac must be increased. with earth berms and the spacing between trees reduced to help reduce headlight glare onto Holyoke Avenue. Mr. Kuennen stated that the developer must also install trees within Outlot A around the stormwater and infiltration basins as required by the South Creek Management Plan. Mr. Kuennen indicated Planning Commission Meeting August 18, 2005 Page 11 i that because the property has been used for agricultural purposes, the property does not include any significant trees. He also stated that there are no wetlands on the property. Mr. Kuennen stated that because the topography at the rear yards of the homes adjacent to future 195th Street does not allow for the installation of berming, spacing between the existing double row of trees should be reduced within this area to increase the buffer screening. Mr. Kuennen indicated that Crescent Ridge is located adjacent to Holyoke Avenue, Highview Avenue and future 195th Street, all major collectors. He described the construction of these roads with this development and with future development in this area. Mr. Kuennen stated that no internal sidewalks are required with this plat. Also, he indicated that no trails will be constructed with the preliminary and final plat of Crescent Ridge, but when the ghost plat area is brought forward, eight foot wide trails will be required to be constructed on the north side of the future 195th Street, on both sides of Holyoke Avenue, and on the south side of 190th Street. • Mr. Kuennen stated that park dedication requirements are to be satisfied as a cash fee in lieu of land as required by the Subdivision Ordinance. The Parks, Recreation, and Natural Resources Committee recommendation for this preliminary and final plat has been distributed to the Planning Commission at tonight's meeting. Mr. Kuennen stated that the developer hosted a neighborhood meeting on July 13, 2005 to present the project to the adjacent residents.. He indicated that most of the discussion focused on the upgrading of the existing 195th Street to an urban local public roadway. The developer and staff presented the location, design and water service extensions that would be provided with the existing 195th Street upgrade. Mr. Kuennen stated that should the Planning Commission recommend to the City Council approval of the Crescent Ridge preliminary and final plat, Planning Department staff recommends approval subject to the 13 stipulations listed in the August 10, 2005 planning report. Chair Swecker opened the hearing to the public for. comment. Rusty Nelson, 8445 -190th Street • Planning Commission Meeting August 18, 2005 Page 12 Mr. Nelson questioned the realignment of Holyoke Avenue. He wanted to know why it was proposed to be realigned as shown. He expressed concern that Holyoke Avenue would be realigned closer to his home and wanted to be sure the existing evergreen trees west of his home would not be removed due to the realignment. He also wanted to know where the water would be coming from for this development and when will the future additions commence. Steve Koisier, 8758 -195th Street West Mr. Koisier asked about the extension of the upgrade of existing 195 Street and how it will impact the front yards of the existing single family homes. He wanted to know why existing 195 Street cari t be shifted to the north to reduce impacts to the lots on the south side of the street. He has a tree in his front yard that he would like saved. 05.82 Motion by Pattee, Second by Stolte to close the public hearing at 7:16 p.m. Ayes: Swecker, Grenz, Drotning, Pattee, Stolte. Nays: 0 Mr. Kuennen responded to the neighbors comments. He explained the process and reasoning behind realigning Holyoke Avenue. He indicated that the water service will be extended from the Donnelly Farm development located west of Holyoke Avenue. Mr. Kuennen stated that the required right-of-way for 195th Street is already in place. The new paved road will be shifted to the north as much as possible within the right-of-way to move the road away from the front yard of the homes along the south side of 195th Street., Because the road was. gravel, the property owners along the south side of 195th Street thought that their front property line was where the lawn ended when in fact their front property line right-of-way is approximately 18 feet south of the existing gravel surface road. He stated that if trees have been planted in the City's right-of-way, they will try to preserve as many of them as possible. Mr. Kuennen added that the right-of-way has been staked and reminded the neighbors that the developer has asked them to show him where they want the water service to be located to serve their homes by using the additional stakes that were dropped off to each property owner.. In regard to the future phasing of this project, Mr. Wiegert indicated that they were not sure when the next phase would begin. He did state that they would move from the south to the north for the project phasing. Planning Commission Meeting August 18, 2005 Page 13 Commissioner Stolte expressed his support for the proposed realignment of Holyoke Avenue as shown on the ghost plat. Commissioner Drotning stated that the neighbors are fortunate in that they will be getting a paved street and water lines constructed by the developer of this project. Mr. Rubash explained the reasoning behind the proposed location of the Holyoke Avenue realignment. 05.83 Motion by Grenz, Second by Pattee to recommend to City Council approval of the Crescent Ridge preliminary and final plat of seven single-family residential lots and one outlot, located east of Holyoke Avenue and north of 195 Street, subject to the 13 stipulations listed in the August 10, 2005 planning report. Ayes: Grenz, Drotning, Pattee, Stolte, Swecker. Nays: 0 Break at 7:35 Reconvened at 7:50 • ITEM 11. JERRY'S YAMAHA Chair Swecker opened the public hearing to consider the application of Jerry Tongen for a Conditional Use Permit to allow outdoor storage as an accessory use, minor auto repair, and a fence higher than 8 feet in the C-3, General Commercial District, located at 8345 - 210 Street. Assistant City Attorney Mattick attested that the legal notice had been duly published in accordance with State Statutes and City Code. Jerry Tongen, owner of Jerry's Yamaha was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Tongen presented an overview of the project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Jerry Tongen, representing Jerry's Yamaha, has submitted an application for a conditional use permit to allow accessory outdoor storage, minor auto repair, and a fence height greater than 8 feet in the C-3, General Commercial District. He indicated the subject project is located at 8345 - 210 Street, which is amulti-tenant retail building. Planning Commission Meeting August 18, 2005 Page 14 Mr. Dempsey stated that Mr. Tongen had submitted revised plans late today, but staff has not had time to review them before tonight's meeting. His presentation will be based on the plans included in the Planning Commission packet. Mr. Dempsey briefly reviewed the history of the subject property and the current Jerry's Yamaha location at 8815 - 209 Street. Mr. Dempsey stated that the outdoor storage would include new personal recreation vehicles. He indicated that the minor auto repair would allow Mr. Tongen to continue to perform incidental repair and service on motor homes and camper trailers that he provides at his current location. Mr. Dempsey stated that the proposed 12-foot tall fence would allow a fence of a height that would equal the proposed maximum height of the materials to be stored in the fenced outdoor storage area. Mr. Dempsey stated that the property abuts 210 Street, a major collector road. The property is accessed from two driveways onto 210 Street, one of which is located west of the subject site. Cross-driveway easements allow shared access with the properties to the west and east. Mr. Dempsey indicated that Mr. Tongen proposes to remodel the exterior of the building with face brick and artificial stucco. An overhead door will be installed on the north side of the building for delivery and access to the rear of the Jerry's Yamaha tenant space. Mr. Dempsey described -the current landscaping and indicated that Mr. Tongen proposes to plant 10 additional Black Hills Spruce trees to create a staggered screening effect with the existing trees. He indicated that the proposed landscaping will, over time, create an effective screen between the outdoor storage area and the existing single family homes to the north. Mr. Dempsey reviewed the performance standards regarding outdoor storage and minor auto repair, which are listed in detail in the August 12, 2005 planning report. Staff recommends that all repairs take place inside the building, not outdoors. Mr. Dempsey reviewed the current parking for the multi-tenant commercial building, along with the additional parking spaces proposed. He indicated that the site plan shows a total of 48 parking spaces. Two additional parking spaces must be identified on the site plan to comply with the parking requirements for multi- tenant retail buildings prior to 2003. Planning Commission Meeting August 18, 2005 Page 15 Mr. Dempsey stated that the current plans do not show a lighting plan. He indicated that a detailed lighting plan must be submitted prior to City Council approval. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the conditional use permit requests, Planning Department staff recommends approval subject to the 21 stipulations listed in the ugust 12, 2005 planning report, and approval of the Findings of Fact dated August 18, 2005. Chair Swecker opened the hearing to the public for commenf. Brian Vucinovich, 8400 - 208th Street Mr. Vucinovich indicated that there is a double wide gate in his back -yard that he uses to access his rear yard through the. commercial property. He requested that the proposed location of the trees can be moved to accommodate the gate and his use of the commercial property for access to his rear yard. 05.84 Motion by Drotning, Second by Stolte to close the public hearing at 8:02 p.m. Ayes: Grenz, Drotning, Pattee, Stolte, Swecker. Nays: 0 Chair Swecker questioned the revised site plan that Mr. Tongen delivered to staff today. She agreed that staff needed to review it first before it is distributed to the Planning Commission. Regarding the double wide gate, Mr. Vucinovich stated that he had a gentleman's agreement with the previous owner of the commercial property to cross the property to access his rear- yard. The Planning Commission members agreed that the landscaping and buffer is important for screening the commercial use, including the proposed outdoor storage area, from the adjacent single family homes. Unless there was a recorded access agreement between the two properties, the landscaping should not be reduced or relocated. Commissioner Drotning stated that the existing non-conformities on the property, including the convenience store, need to be addressed before he could vote on this conditional use permit. He indicated that items such as impervious surface area, curbing, drainage and utility easements, and the proposed height of the outside storage need to be reviewed in detail. Planning Commission Meeting August 18, 2005 Page 16 The Planning Commission members agreed that they wanted to give clear direction to staff on the issues to be addressed in greater detail at a future meeting. Along with reviewing the revised plans submitted today, staff should look at the site globally and address non-conformities. The Planning Commission members expressed concern about the height of the fence and outdoor storage area, as well as the ability of the existing. building to accommodate recreational vehicle repair activities indoors. Mr. Morey stated that City staff will meet with Mr. Tongen and discuss the Planning Commissions concerns. Staff will. also list and address the site non- conformities. He indicated that Mr. Tongen can operate as an RV sales facility entirely within the building as a permitted use. 05.85 Motion by Drotning, Second by Stolte to table Mr. Tongen s conditional use permit request. Ayes: Drotning, Pattee, Stolte, Swecker, Grenz. Nays: 0 • ITEM 12. SPIRIT OF BRANDTJEN FARM. Chair Swecker opened the discussion of the application of SBF Development Corporation for the final plat of 133 single family lots and 5 farmstead. preservation lots to be known as Spirit of Brandtjen Farm, located north of 170 Street and east of Pilot Knob Road (CASH 31). Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that SBF Development Corporation has submitted an application for the final plat of Spirit of Brandtjen Farm, which consists of 133 single family lots, five lots within the Farmstead Preservation Area, 37 outlots and public rights-of-way. He indicated that the subject site is located in northeast Lakeville between 160 Street (CSAH 46) and 170 Street, east of Pilot Knob Road (CSAH 31) and is zoned PUD, Planned Unit Development District. Mr. Licht identified the changes that have occurred since the preliminary plat approval of Spirit of Brandtjen Farm on June 20, 2005, which are listed in the August 12, 2005 planning report. Mr. Licht stated that the proposed lots are consistent with the preliminary plat and conform to the lot requirements of the Spirit of Brandtjen Farm PUD District. Planning Commission Meeting August 18, 2005 Page 17 • Mr. Licht stated that the final plat does not include street names. Street names are to be consistent with the Dakota County grid pattern unless an exception is approved by Dakota County. Mr. Licht stated that should the Planning Commission recommend to the City Council approval of the Spirit of Brandtjen Farm final plat, Planning Department staff recommends approval subject to the 19 stipulations listed in the August 12, 2005 planning report. Rob Wachholtz representing SBF Development~Corporation, was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Wachholz presented an overview of the changes that have occurred since the preliminary plat approval of Spirit of Brandijen Farm, including trail connections and sidewalks. Mr. Wachholtz commented on the St. Paul Pioneer Press article that was written by Bob Shaw on July 31, 2005. He stated his appreciation for the .tremendous commitment and effort put forth by the Planning Commission on behalf of the Spirit of Brandijen Farm project. 05.86 Motion by Pattee, Second by Drotning to recommend to City Council approval of the Spirit of Brandtjen Farm final plat, located north of 170 Street and east of Pilot Knob Road (CSAH 31), subject to the 19 stipulations listed in the August 12, 2005 planning report. Ayes: Pattee, Stolte, Swecker, Grenz, Drotning. Nays: 0 ITEM 13. SPIRIT OF BRANDTJEN FARM 2~ ADDITION Chair Swecker opened the public hearing to consider the application of SBF Development Corporation for the preliminary plat and development stage planned unit development of 39 single family residential lots and 52 attached townhouse units to be known as Spirit of Brandtjen Farm 2nd Addition, located north of 170 Street and east of Pilot Knob Road (C. R. 31). Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Rob Wachholz representing SBF Development Corporation, was in attendance at tonight's meeting to answer any questions that the Planning Commission or public • may have. Mr. Wachholz addressed the concerns raised by the Planning Planning Commission Meeting August 18, 2005 Page 18 Commission during their review of the sketch plan at their June 2, 2005 meeting, including public vs. private streets and guest parking. Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that SBF Development Corporation has submitted applications for the preliminary and final plat of 39 single family lots and 52 attached townhouse units to be known as Spirit of Brandtjen Farm 2nd Addition. Mr. Licht stated that the subject site is currently developed with farmstead related buildings. He stated that with the subject site being integrated as part of the overall Spirit of Brandtjen Farm development, no compatibility issues are anticipated. Mr. Licht stated that the subject site is zoned PUD, Planning Unit Development District. He indicated that the townhouse plans must conform to the requirements of the RM-1 District applicable to unit size, garages, and provision of a storm shelter for dwellings without basements. Mr. Licht indicated that the Spirit of Brandtjen Farm 2nd Addition preliminary and final plat includes three estate lots, 19 traditional lots and 17 cottage lots. All the • lots conform to the appropriate lot requirements approved with the Spirit of Brandtjen Farm planned unit development. Mr. Licht stated that the setbacks applicable to the proposed row-townhomes within Blocks 4 and 5 are to be set back 40 feet from the interior edge of the sidewalk to allow for tandem parking of vehicles within the driveway to provide sufficient guest parking space without encroaching onto the sidewalk, which has been shifted to abut the curb. Mr. Licht stated that based on 52 townhouse units, 26 guest parking stalls are required and must be distributed throughout the area to provide convenient access to all of the dwelling units. He indicated that the plans show sufficient guest parking throughout the development. Mr~ Licht stated that there are nine outlots established within the Spirit of Brandtjen Farm 2nd Addition final plat. The purpose of the outlots are listed in the August 12, 2005 planning report. Mr. Licht explained the access to the subject site and the different street designs throughout the development. He indicated that the final plat does not include street names, which must be consistent with the Dakota County .grid pattern unless • an exception is approved by Dakota County. Planning Commission Meeting August 18, 2005 Page 19 i Mr. Licht indicated that the submitted plans do not identify the location of any area identification signs. He indicated that if area identification signs or other gateway elements are to be installed, the final plat must be revised to establish the separate outlots that are required and ownership and maintenance of these outlots must be addressed as part of the homeowners association documents. Mr. Licht stated that documents establishing a homeowners association to provide for long-term ownership and maintenance of Outlots A, G, J, K, L as well as Lot 8, Block 9 and Lot 9, Block 9 must be submitted prior to City Council consideration of the final plat. Mr. Licht stated that should the Planning Commission recommend to the City Council approval of the Spirit of Brandtjen Farm 2na Addition preliminary plat and development stage planned unit development, staff recommends approval subject to the 17 stipulations listed in the August 12, 2005 planning report. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 05.87 Motion by Drotning, Second by Pattee to close the public hearing at 8:45 p.m. Ayes: Stolte, Swecker, Grenz, Drotning, Pattee Nays: 0 There was a brief discussion regarding the proposed ponding areas and sidewalks/trails. Q5.88 Motion by Drotning, Second by Pattee to recommend to City Council approval of the Spirit of Brandtjen Farm 2nd Addition preliminary and final -plat and development and .final stage planned unit development of 39 single family residential lots and 52 attached townhouse units, located north of 170 Street and east of Pilot Knob Road (C. R. 31), subject to the 17 stipulations listed in the August 12, 2005 planning report. Ayes: Pattee, Stolte, Swecker, Grenz, Drotning. Nays: 0 There being no further business, the meeting was adjourned at 8:50 p.m. Respectfully submitted, • Planning Commission Meeting August 18, 2005 Page 20 Penny ig, Recording Secr ary ATTEST: c Kerr wecker, Chair