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HomeMy WebLinkAbout04-29-04 CITY OF LAKEVILLE Planning Commission Meeting. Minutes APRIL 29, 2004 The Apri129, 2004 Planning Commission meeting was called to order by Chair Stolte in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz, Blee, ex-officio Arvidson. Absent: Drotning. Staff Present: Daryl Morey, Planning Director; David Olson, Community & Economic Development Director; Dennis Feller, Finance Director; Frank Dempsey, Associate Planner; Allyn Kuennen, Associate Planner; Jay Rubash, Assistant City Engineer; Daniel Licht, Northwest Associated Consultants (NAC); Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The Apri115, 2004 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. April 28, 2004 Parks, Recreation and Natural Resources Committee Meeting Motions regarding the Gopher Mini-Storage 3rd Addition preliminary and final plat and the Lakeville Town Office Park 2nd Addition preliminary and final plat. 2. Redlined spreadsheets that reflect the changes in the CIP due to recent bid openings or other significant information. 3. Draft Findings of Fact for Lakeville Town Office Park 2nd Addition. Introduction and swearing in of new Planning Commission alternate member, Joe Blee. ITEM 5. CITY OF LAKEVILLE Chair Stolte opened the public hearing to consider the request of the City of Lakeville for the adoption of a Five Year Capital Improvement Plan for 2004-2008. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with state statutes and City Code.. i Planning Commission Meeting April 29, 2004 Page 2 • Finance Director Dennis Feller provided an overview of the proposed 2004 - 2008 CIP and briefly described the significant projects and their timetable. Mr. Feller stated that the Capital Improvement Plan (CIP) provides a foundation for construction of the City's infrastructure enabling development to occur in an orderly and fiscally responsible manner. Mr. Feller indicted that the purpose of the Planning Commission public hearing and review is to determine the consistency of the CIP with the City's Comprehensive Land Use Plan. Chair Stolte opened the hearing to the public for comments. There were no comments from the audience. 04.44 Motion by Pattee, Second by Swecker to close the public hearing at 6:16 p.m. Ayes Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz, Blee. Nays: 0 Mr. Feller responded to specific questions from the Commissioners and provided clarification on select projects. 04.45 Motion by Detjen, Second by Pattee that the Planning Commission finds that the proposed 2004 - 2008 Capital Improvement Plan is consistent with the City's Comprehensive Land Use Plan and recommends adoption of the 2004 - 2008 Capital Improvement Plan to the City Council. Ayes: Pattee, Swecker, Stolte, Detjen, Grenz, Blee, Reuvers. Nays: 0 ITEM 6. LAKEVILLE CROSSING PHASE II Chair Stolte opened the public hearing to consider the application of Paster Enterprises, LLC for a rezoning of 13.84 acres from C-3 General Commercial District to a PUD, Planned.Unit Development, located south of 160 Street (C.R. 46) and west of Cedar Avenue (C.R. 23). Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Howard Paster and Ken Henk from Paster Enterprises, LLC, Jack Amdahl from KKE Architects, and Vicki Vanden from Landform were in attendance at tonight's Planning Commission Meeting Apri129, 2004 Page 3 meeting to answer any questions that the Planning Commission or public may have.. Mr. Henk presented an overview of the project. Ms. Vandell indicated that the following items which were listed as stipulations in the Apri123, 2004 planning report have been incorporated into the development plan: • The landscape plan has been revised to identify the dead trees located along the south property line, which will be replaced with new trees by the developer. • The site plan has been revised to provide a pedestrian connection to the proposed grocery and office buildings and the existing trail on the south side of C.R. 46 from the sidewalk adjacent to 161~t Street. • The lighting plan has been revised such that lighting at the property line adjacent to Glen Oak Road conforms to Zoning Ordinance requirements. Mr. Amdahl presented color renderings of the proposed building and stated that the west exterior elevation for freestanding Retail Building "B" has been revised to provide additional pilasters with similar spacing to those on the east facade. Daniel Licht from NAC presented the planning report. Mr. Licht stated that Lakeville. Crossing, LLC has submitted plans for development of Lots 2 and 3, Block 1, Cedar 160 Addition. He indicated the plans show 75,720 square feet of retail, service and office space divided between four principal buildings. Mr. Licht thanked the developer for revising the plans before tonight's meeting. Mr. Licht stated that the subject site is guided for commercial uses and zoned C-3, General Commercial District. He indicated that the applicant is requesting approval of a Zoning Map amendment rezoning the subject site to PUD, Planned Unit Development and a PUD Development Stage and Final Plan to accommodate the proposed multiple principal buildings and integrated functions of the site. Mr. Licht added that the. applicant is also including Lot 10, Block 1, Cedar 160 Addition as part of the request due to shared access and cross parking. Mr. Licht stated that the C-3 District does allow for the proposed range of uses and also the multiple principal buildings by conditional use permit. However, due to the scale of proposed commercial uses and mix of activities, along with provisions for shared access and off-street parking, and because of the need for greater control of allowed uses, City staff supports the applicant's request for a Zoning Map amendment to rezone the subject site to PUD. Mr. Licht reviewed the criteria to be evaluated in conjunction with the rezoning request, which is outlined in detail in the Apri123, 2004 planning report. Planning Commission Meeting Apri129, 2004 Page 4 Mr. Licht discussed the exterior elevations for the four proposed buildings, along with the building materials being proposed. He indicated that they exceed Zoning Ordinance requirements. Mr. Licht stated that the applicant submitted a landscaping plan that provides for installation of a wide variety and concentrations of planting materials throughout the subject site, especially on the south side of the site adjacent to existing single family homes. He indicated that the size and type of the proposed plantings and the greenspace within the perimeter of the site exceed Zoning Ordinance requirements. Mr. Licht stated that there is a change in topography such that the. homes to the south and southwest are approximately 10 feet above the roofline of the grocery building and five feet above the attached multiple occupancy retail building. Cross section drawings were presented to illustrate the effectiveness of the proposed screening measures both with installed and mature plantings. Mr. Licht stated that the loading area for the grocery store at the southeast corner of the building is further screened by a wall extension along the south side. He .indicated that the material of this wall is consistent with the principal building. Mr. Licht indicated that a comprehensive sign plan has been submitted by the developer and will be incorporated as part of the PUD District. The specific signs that are proposed are described in detail in the Apri123, 2004 planning report. Mr. Licht summarized the lot requirements of the C-3 District, upon which the PUD District governing the subject site is to be based. He indicated that the proposed development stage plan is consistent with the C-3 District lot requirements. Mr. Licht indicated where the pedestrian and vehicle accesses are proposed. He stated that a sidewalk connection is provided from Lot 10 to C.R. 46 on the west side of the site and extended along the front of the existing building. As stated earlier tonight, the developer has provided a pedestrian connection to the grocery and office building from the existing sidewalk adjacent to 161St Street. Mr. Licht discussed the off-street parking for the subject site and Lot 10 based on the requirements for the individual tenants and uses. He stated that potential interchange between users in a commercial development of this size typically off- sets the parking demand of individual users. Mr. Licht. stated that the number and size of restaurants that may locate within a development with this amount of general for-lease space can negate the effects of Planning Commission Meeting April 29, 2004 Page 5 business interchange. He indicated that restaurant users demand significantly more off-street parking than a general retail use and can create parking supply shortages if too many locate in one development. While it is in the property owner's interest to see that this does not occur in order to protect their tenants, the City has imposed limitations on the restaurant uses for similar developments through a PUD District. Mr. Licht recommended that stipulation 6.c. of the planning report be revised as follows: c. Lots 2 and 3, Block 1, Cedar 160 Addition, not including the .grocer tenant space' are limited to not more than 7,500 square feet of restaurant uses. Mr. Licht stated that the existing multiple occupancy retail building on Lot 10 currently has 13,161 square feet of restaurant uses. The applicant has proposed limiting the amount of restaurant uses for Lot 10 to not more than 12,000 square feet if any of the existing restaurant tenants vacate the building. Mr. Licht also indicated the applicant proposes to limit restaurant uses within the buildings on Lots 2 and 3 to not. more than 7,500 square feet. Mr. Licht described the delivery areas for the grocery store as well as the attached retail building. Mr. Licht stated that multiple tenant retail buildings A, B and C have sufficient loading access. Mr. Licht stated that there is an 825 square foot. outdoor seating area at the northeast corner of the grocery building, adjacent to an exterior entrance related to the coffee shop sub-tenant. In allowing for the outdoor seating as part of the PUD development stage plan, Mr. Licht recommended five conditions be considered, which are listed in the April 23, 2004 planning report. Mr. Licht stated that a photometric lighting plan for the subject site has been submitted, which indicates that the proposed fixtures are hooded and downcast as required by the Zoning Ordinance. He indicated that light cast at the property line along Glen Oaks Road between 161St Street and 162nd Street exceeds one foot- candle, which must be revised to conform to the Zoning Ordinance. Mr. Licht stated that the applicant has submitted a grading plan based on the proposed site improvements. The grading plan indicates construction of several retaining walls, including one on the south side of the grocery store that is greater than four feet in height. Mr. Licht stated that the design of this wall must be • engineered and is subject to review and approval of the City Engineer. Planning Conunission Meeting Apri129, 2004 Page 6 Mr. Licht stated that should the Planning Commission recommend to the City Council approval to rezone the Lakeville. Crossing Property from C-3, General Commercial District to PUD, Planned Unit Development, Planning Department staff recommends approval subject to the 10 stipulations listed in the April 23, 2004 planning report, as amended. Chair Stolte opened the hearing to the public for comment. Jana and James Thompson, 16235 Glen Oaks Court The Thompson s concerns were: ? Wanted to make sure that the cul-de-sac that was constructed on Glen Oaks. Road south of 162nd Street was not being eliminated. ? Speed of traffic through the neighborhood. ? Recommended a stop sign be installed on Godson Drive to slow traffic ? Why do we need another grocery store in this area? Al and Deb Quast, 16300 Godson Drive ? Reiterated Ms. Thompson s comments regarding traffic and sight lines at 162nd Street and Glen Oaks Road. Thought there was an abnormal amount of traffic and need to slow traffic down. Clay Kahle, 16225 Godson Drive ? Thinks there is too much traffic on Godson Drive and 162nd Street. ? Concerned about vehicular accidents that have occurred in the vicinity of the proposed development. 04.46 Motion by Swecker, Second by Reuvers to close the public hearing at 6:59 p.m. .Ayes: Swecker, Stolte, Detjen, Grenz, Blee, Reuvers, Pattee. Nays: 0 Regarding the neighbor's concern of whether the city needs another grocery store, Chair Stolte explained that the Planning Commission does not choose which businesses go into a development. Rather, the Planning Commission reviews development proposals for compliance with the City's Comprehensive Plan and Zoning and Subdivision Ordinances. Mr. Morey provided a .history of the Cedar 160 Addition plat, which was .approved in 2000, and pointed out that the property has been zoned commercial since the 1970s. Mr. Morey stated that the Cedar 160 Addition plat included the widening of .162nd Street to 3 lanes, which includes an exclusive right turn lane from 162nd Street Plaruling Commission Meeting Apri129, 2004 Page 7 to southbound Cedar Avenue. A single family home was removed and Glen Oaks Road south of 162nd Street was terminated in a cul-de-sac. These improvements greatly increased stacking space at the Cedar Avenue/162nd Street intersection. In addition, the 162nd Street intersection with Glen Oaks Road was re-configured to allow the free flow of traffic in to and out of the Cedar 160 Addition commercial development, while discouraging commercial traffic from short cutting through the existing neighborhood. Commissioner Arvidson explained the Lakeville Police Department's procedure for checking speed on city streets. He indicated that neighbors would most likely be the people cited for excessive speed on the residential streets rather than the patrons of the retail center. The Planning Commission discussed the vehicle and pedestrian movement patterns throughout the site, concerns with security adjacent to the mechanical/trash enclosure area, the multi-tenant signage, and the proposed sidewalk connections. Commissioner Grenz commented that there is not adequate provision for handicapped access between the proposed buildings and that there are no painted • crosswalks anywhere within the parking lot. He indicated, however, that he liked the exterior elevations of the. proposed buildings. He felt that the existing internal private roadway cannot handle the traffic that will be generated by the grocery store tenant. Commissioner Blee was concerned with the semi-trailers exiting the area. He was concerned that they would take up the stacking space on 162nd Street at Cedar Avenue. Mr. Morey indicated that the City's traffic consultant, SRF, had recommended that the existing private roadway be restriped and widened to increase the flow of traffic and provide adequate turning movements. Glen Oaks Road north of 162nd Street will also be widened to accommodate truck turning movements to the grocery store loading area. In addition, the drive access located on Lot 10 in the northwest corner of the Cedar 160 Addition plat will be widened and the concrete .median will be extended to improve stacking space .and egress from the site. The following recommendations were made: ? Access to the trash/mechanical area for Building "B" shall be gated or monitored by electronic surveillance corresponding to the hours the retail • store within the building are closed. Planning Commission Meeting Apri129, 2004 Page 8 ? The site plan shall be revised to provide a sidewalk the full length of Glen Oaks Road between 161St Street and Godson Drive. The southeast lot access to Glen Oaks Drive shall be signed "Delivery Vehicles Only". 04.47 Motion by Swecker, Second by Detjen to recommend to City Council approval to rezone the Lakeville Crossing property from C-3, General Commercial District to PUD, Planned Unit Development, located south of 160tt~ Street (C.R. 46) and west of Cedar Avenue (C.R. 23), subject to the 10 stipulations listed in the Apri123, 2004 planning report, as amended. Ayes: Stolte, Detjen, Blee, Reuvers, Pattee, Swecker. Nays: Grenz. Commissioner Grenz felt that the roadway system would not be able to handle the traffic generated by this development. Break at 7:50 Reconvened at 8:01 ITEM 7. CROSSROADS LOT 1 Chair Stolte opened the public hearing to consider the request of H. J. Development, LLP for a Conditional Use Permit to allow the construction of a convenience food establishment with a drive through window, located at the northeast quadrant of 179tt~ Street. and Cedar Avenue. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Gary Janisch from H. J. Development was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Janisch presented an overview of the project. He stated that they were in full agreement with the recommendations stipulated in the April 23, 2004 planning report. He provided a color rendering of the revised east building elevation incorporating the faux windows as recommended by staff. Daniel Licht presented the planning report. Mr. Licht stated that Pope Associates Inc. has submitted plans for construction of a convenience food store on Lot 1, Block 1, Crossroads 1St Addition. He indicated that the subject site is zoned PUD, Planned Unit Development and is subject to the terms and conditions of a PUD Development agreement dated October 20, 2003. Planning Commission Meeting Apri129, 2004 Page 9 Mr. Licht stated that the proposed use is atwo-tenant 4,525 square foot convenience food operation with an accessory drive through, which requires a conditional use permit. He indicated that the provisions of the Zoning Ordinance for conditional use permits have been considered and have been satisfactorily met. Mr. Licht indicated that the Zoning Ordinance limits the hours of operation for convenience food uses to between 5:00 a.m. and 11:00 p.m. The applicant has .requested an extension of these hours to Midnight. Mr. Licht stated that the requested extension is appropriate given the 24-hour operation of Cub Foods and .will not cause any impacts given the location of the use within a commercial area adjacent to Cedar Avenue and 179 Street. Mr. Licht stated that there are outdoor seating areas at the north and south ends of the proposed building. Mr. Licht reviewed the proposed building design. Overall, he indicated the appearance of the building is distinctly not typical of any .convenience food franchise and is consistent with the architectural appearance of other buildings within the Crossroads at Lakeville development, which are compliant with the Zoning Ordinance requirements. He indicated that to make the rear of the building more attractive and coordinated with the rest of the buildings, in the Crossroads Development, faux window panels within the building sections at the north and south ends of the east facade between the pilasters will be installed as shown by Mr. Janisch. Mr. Licht stated that a landscape plan has been submitted and all the proposed plantings comply with Zoning Ordinance requirements. City staff are recommending and Mr. Janisch has agreed that additional hedge shrubs be installed at the perimeter of the outdoor seating areas to separate these spaces from drive through traffic. Regarding pedestrian access, Mr. Licht indicated that a trail exists along Cedar Avenue abutting the subject site and there is a sidewalk along 179 Street, but there are no connections from the trail or sidewalk to the subject site. Mr. Licht stated that given the grades between the site and the adjacent roadways are not as significant an issue as at other locations in the Crossroads at Lakeville development, connection to the public trail and sidewalk should be made. Mr. Licht stated that the subject site has access only from the main internal drive aisle within the Crossroads at Lakeville development. The northern proposed access provides full turning movements, whereas the southern proposed access is intended to be exit only with right and left turning movements, which were • approved with the PUD Development Stage Plan for the overall development. Planning Commission Meeting April 29, 2004 Page 10 Mr. Licht indicated that there is a single drive through window on the east side of the proposed building. Vehicles using the drive through are segregated from other vehicles and pedestrians. He stated that the section of the drive through. immediately behind the building is 20 feet wide, which provides space for vehicles to bypass the queue if necessary. Mr. Licht reviewed the off-street parking for the proposed development. He indicated that the PUD Development Stage Plan for Crossroads of Lakeville anticipated that the convenience food use may share parking with the grocery .tenant on Lot 8. The analysis of required parking completed with the initial PUD Development Stage Plan for the overall project indicated a surplus of 20 parking stalls for the subject site and Lot 8. There will be a surplus of seven stalls between the proposed convenience food use on Lot 1 and the grocery store tenant on Lot 8. Mr. Licht stated that should the Planning Commission recommend to the City Council approval of the Conditional Use Permit request, Planning Department staff recommends approval subject to the 13 stipulations listed in the Apri123, 2004 planning report, and approval of the Findings of Fact dated April 29, 2004. • Chair Stolte opened the hearing to the public for comment. There were no comments from the audience. 04.48 Motion by Pattee, Second by Reuvers to close the public hearing at 8:11 p.m. Ayes: Detjen, Grenz, Blee, Reuvers, Pattee, Swecker, Stolte. Nays: 0 Commissioner Swecker asked about the surplus parking and if a second drive through window would be possible. Mr. Licht explained the surplus parking located on Lot 8 (Cub Foods}, which was approved with the Crossroads PUD. He stated that if a second drive through window was requested in the. future, a conditional use permit amendment would be required. 04.49 Motion by Reuvers, Second by Swecker to recommend to City Council approval of a Conditional Use Permit to allow the construction of a convenience food establishment with a drive through window on Lot 1, Block 1, Crossroads 1St Addition, located at the northeast quadrant of 179 .Street and Cedar Avenue, subject to the 13 stipulations listed in the Apri123, 2004 planning report, and approval of the Findings of Fact dated April 29, 2004. Ayes: Grenz, Blee, Reuvers, Pattee, Swecker, Stolte, Detjen. Nays: 0 Planning Commission Meeting April 29, 2004 Page 11 • ITEM 8. GOPHER MINI STORAGE THIRD ADDITION Chair Stolte opened the public hearing to consider the application of Gopher Mini Storage, LLP, located on the east side of Kenrick Avenue, north of 165 Street and south of Kenrick Loop for a Preliminary and Final Plat of one commercial lot to be known as Gopher Mini-Storage Third Addition, and the vacation of public road right-of-way and drainage and utility easements. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes. and City Code. Rick Bodine, owner of Midland Development was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that representatives of Midland Development and Gopher Mini Storage, LLP have submitted applications for the vacation of a portion of public road right-of- way and for a preliminary and final plat of one lot and one block to be known as • Gopher Mini Storage Third Addition. He indicated that the developer proposes to construct amulti-tenant retail building on the property. Mr. Dempsey stated that the preliminary and final plat of Gopher Mini Storage Third Addition includes the vacation of a portion of excess Kenrick Avenue road right-of-way and all existing underlying drainage and utility easements within Outlot A, Gopher Mini Storage Second Addition. Mr. Dempsey indicated that all underlying drainage and utility easements that are vacated will be re-established with the Gopher Mini-Storage Third Addition final plat. Mr. Dempsey stated that the preliminary and final plat of Gopher Mini Storage Third Addition has- frontage and access on Kenrick Avenue. The right-of-way width is compliant for the major collector classification of Kenrick Avenue as identified in the City's Transportation Plan. Mr. Dempsey indicated that SRF, the City's transportation planning consultant, completed a traffic study for the proposed retail use. The study determined that a single access in the location proposed with the current plans is the preferred location of the driveway access. Mr. Dempsey stated that a right turn taper on Kenrick Avenue at the proposed driveway was also recommended in the traffic study and is incorporated in the plans. Planning Commission Meeting Apri129, 2004 Page 12 • Mr. Dempsey stated that the subject property is located in the Crystal Lake water shed area. The Gopher Mini Storage Third Addition property is approximately 69% impervious surface which is in compliance with City requirements. Mr. Dempsey indicated that the proposed landscape materials meet the requirements of the Zoning Ordinance for size and species of plant materials as guided by the Corridor and Gateway Design Guidelines. He indicated that the landscaped areas of the property will be irrigated as identified on the landscape plan and in compliance with Zoning Ordinance requirements. Mr. Dempsey discussed signage for multiple occupancy. commercial buildings with individual entrances located in the C-3, General Commercial District within the Freeway Corridor District. He indicated that the location of the freestanding sign should be relocated to the area near the Kenrick Avenue right-of-way being vacated to avoid obstructing the visibility of southbound Kenrick Avenue traffic from. the driveway .access. Mr. Dempsey stated that the lighting and photometric plan indicates that the lighting plan will meet the requirements of the Zoning Ordinance for foot-candle lighting intensity at the property line. Mr. Dempsey indicated that the exterior building materials proposed for the retail building are consistent with Zoning Ordinance requirements subject to the stipulation of the integral colored masonry materials. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Gopher Mini-Storage Third Addition. preliminary and final plat and the vacation of public road right-of-way and drainage and utility easements, Planning Department staff recommends approval, subject to the 8 stipulations listed in the April 23, 2004 planning report. Chair Stolte opened the hearing to the public for comment. There were no comments from the audience. 04.50 Motion by Detjen, Second by Pattee to close the public hearing at 8:27 p.m. Ayes: Blee, Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz. Nays: 0 Commissioner Swecker felt strongly that access to the site should be restricted to right-in, right-out only, due to visibility concerns. The other Planning Commission members felt that access should not be restricted, due in part to the low speed limit Planning Commission Meeting Apri129, 2004 Page 13 on Kenrick Avenue. Mr. Dempsey stated that SRF determined that the location on the site plan was the preferred access point in terms of site visibility and traffic safety for this development. Mr. Rubash indicated that Kenrick Avenue is 44 feet wide so it would be possible for the City to re-stripe Kenrick Avenue as a three lane road with a designated left turn lane. 04.51 Motion by Detjen, Second by Pattee to recommend to City Council approval of the Gopher Mini-Storage Third Addition preliminary and final plat, located on the east side of Kenrick Avenue, north of 165 Street and south of Kenrick Loop, and the vacation of public road right-of-way and drainage and utility easements, subject to the 8 stipulations listed in the April 23, 2004 planning report. Ayes: Reuvers, Pattee, Stolte, Detjen, Grenz, Blee. Nays: Swecker. Commissioner Swecker felt the driveway should be restricted to right-in, right-out only, for traffic safety reasons. ITEM 9. LAKEVILLE TOWN OFFICE PARK 2ND ADDITION . Chair Stolte opened the public hearing to consider the application of Tom Dunsmore, located north of 165 Street across from Joplin Path, for a preliminary and final. plat of 16 lots to be known as Lakeville Town Office Park 2nd Addition, a rezoning from O-R, Office/Residential Transition District, to PUD, Planned Unit Development, and the vacation of public right-of-way and drainage and utility easements. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Tom Dunsmore was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Dunsmore agreed to revise the plans to extend the sidewalk along Building 5 south to connect to the existing trail located along the north side of 165 Street as recommended in the planning report. Associate Planner Allyn Kuennen presented the planning report.. Mr. Kuer?nen stated that representatives of Willenbring Companies Inc.. have submitted plans for easement and right-of-way vacations, rezoning.the property to PUD, and a preliminary and final plat to be known as Lakeville Town Office Park 2nd Addition, which consists of 16 lots. He indicated that the developer is proposing to construct five separate two and two-story with a walkout basement office • condominium buildings with 15 tenant spaces. Planning Commission Meeting Apri129, 2004 Page 14 • In conjunction with the preliminary and final plat, Mr. Kuennen stated that the applicant is requesting the vacation of all public drainage and utility easements throughout the site and the vacation of 33 feet of road right-of-way along the east property line. Also, Mr. Kuennen indicated that the applicant is requesting a rezoning of the subject property from O-R, Office/Residential Transition District to Planned Unit Development (PUD). This rezoning to PUD would be consistent with the zoning of the adjacent Lakeville Town Office Park to the west. The performance standards of the O-R District will apply to this PUD. Mr. Kuennen stated that the subject property has received several feet of engineered fill to raise the elevation of the site to allow for some of the units to have walk out lower levels and to bring the site up to the elevation of 165th Street to provide an appropriate grade for a driveway access point. Mr. Ktiennen indicated that the proposed buildings and parking lot meet the required setbacks. Mr. Kuennen stated that the proposed building materials maintain the character established with the initial Lakeville Town Office Park development and comply with the Zoning Ordinance requirements for the O-R District. Mr. Kuennen described the proposed landscaping and indicated that the plant .materials and sizes meet Zoning Ordinance requirements. Mr. Kuennen stated that the internal pedestrian access includes sidewalks along the fronf of the buildings and at the rear of the units ending at Lot 2 on the west side and Lot 4 on the east side of the site. He identified location of the proposed handicap accessible sidewalk between buildings 2 and 3. He stated that Planning .Department staff is recommending a sidewalk connection from building 5 to the existing trail located on the north side of 165th Street. Mr. Kuennen stated that vehicle access to the site will be from one driveway off of 165th Street directly across from Joplin Path. He indicated as part of the preliminary plat the applicant will dedicate seven feet of right-of-way to bring the full width to 80 feet consistent with the right-of-way for 165th Street adjacent to the site. Mr. Kuennen stated that all parking areas comply with the 15-foot setback from the property line and the requirements of the Zoning Ordinance. Mr. Kuennen explained the easement and right-of-way vacation, which is described in detail in the April 29, 2004 planning report. Planning Commission Meeting April 29, 2004 Page 15 • Mr. Kuennen stated that the developer will need to provide association documents incorporating cross parking, shared access, and maintenance agreements prior to City Council consideration of the preliminary and final plat. Mr. Kuennen stated that should the Planning. Commission recommend to the City Council approval of the Lakeville Town Office Park 2nd Addition preliminary and final plat, a PUD rezoning, right-of-way and easement vacation, Planning Department staff recommends approval, subject to the 10 stipulations listed in the Apri129, 2004 planning report, and approval of the Findings of Fact dated April 29, 2004. Chair Stolte opened the hearing to the public for comment. There were no comments from the audience. 04.52 Motion by Pattee, Second by Reuvers to close the public hearing at 8:48 p.m. Ayes: Pattee, Swecker, Stolte, Detjen, Grenz, Blee, Reuvers. Nays: 0 The. Planning Commission agreed that this is a very high quality project that fits well with the adjacent neighborhood. 04.53 Motion by Swecker, Second by Detjen to recommend to City Council approval of the Lakeville Town Office Park 2nd Addition preliminary and final plat, a rezoning from 0-R, Office/Residential Transition District to PUD, Planned Unit Development and the vacation of public right-of-way and drainage and utility easements, subject to the 10 stipulations listed in the April 29, 2004 planning report, and approval of the Findings of Fact dated April 29, 2004. Ayes: Swecker, Stolte, Detjen, Grenz, Blee, Reuvers, Pattee. Nays: 0 ITEM 10. CITY OF LAKEVILLE Chair Stolte opened the public hearing to consider the following Zoning Map amendments: A. Rezoning property located east of Cedar Avenue and south of 202nd Street from RM-1, Mediurn Density Residential District to RS-3, Single Family Residential District. Planning Commission Meeting Apri129, 2004 Page 16 B. Rezoning property located east of Cedar Avenue and north of Ardmor Manufactured Home Park from RM-1, Medium Density Residential District to RSMH, Single Family Manufactured Home Park District. C. Rezoning property located west of Jonquil Avenue and north of 175 Street from RM-1, Medium Density. Residential District to RS-3, Single Family Residential District. 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 planning report. Mr. Morey stated that as part of the recent Zoning Ordinance Update process, Planning Department staff presented to the Planning Commission two Zoning Map amendments for consideration: one involving the Spyglass and Ardmor Manufactured Home Park properties and one involving property located on the west side of Jonquil Avenue, north of 175 Street. Mr. Morey reviewed each of the Zoning Map amendments, which are outlined in detail in the April 23, 2004 planning report. Mr. Morey stated that should the Planning Commission recommend to the City Council approval of the Zoning Map amendments, Planning Department staff recommends approval. Chair Stolte opened the hearing to the public for comment. Dan Stark, 17299 Jonquil Avenue Mr. Stark wanted to know what the future plans were for the property to the west and what impact would development have on his property value. 04.54 .Motion by Detjen, Second by Pattee to close the public hearing at 9:03 p.m. Ayes: Stolte, Detjen, Grenz, Blee, Reuvers, Pattee, Swecker. Nays: 0 Mr. Morey addressed Mr. Stark's concerns. He stated that a developer has indicated an interest in developing a townhouse project consistent with the RM-1 district zoning on the adjacent property to the west. He stated that a transition is required for RM-1 developments adjacent to single family residential. Mr. Morey • indicated that Mr. Stark would not be able to subdivide his lot without the required street frontage on the west side. Planning Commission Meeting Apri129, 2004 Page 17 Commissioner Grenz reminded Mr. Stark that the rezoning will eliminate potential problems that could arise in conjunction with selling or refinancing his property as a result of the two zoning classifications. 04.55 Motion by Blee, Second by Detjen to recommend to City Council approval of the following Zoning Map amendments, as presented, and approval of the Findings of Fact dated April 29, 2004. A. Rezoning property located east of Cedar Avenue and south of 202na Street from RM-1, Medium Density Residential District to IZS-3, Single Family Residential District. B. Rezoning property located east of Cedar Avenue and north of Ardmor Manufactured Home Park from RM-1, Medium Density. Residential District to RSMH, Single Family Manufactured Home Park District. C. Rezoning property located west of Jonquil Avenue and. north of 175 Street from RM-1, Medium Density Residential District to RS-3, Single Family Residential District. Ayes: Detjen, Grenz, Blee, Reuvers, Pattee, Swecker, Stolte. Nays: 0 There being no further business, the meeting was adjourned at 9:10 p.m. Respectfully submitted, Penny , Recordin retary ATTEST: owell Miller Stolte, Chair