HomeMy WebLinkAbout06-20-02 CITY OF LAKEVILLE
Planning Commission Meeting Minutes
JUNE 20, 2002
The June 20, 2002 Planning Commission meeting was called to order by Chair Wulff
in the City Hall Council Chambers at 5:00 p.m.
Flag pledge and roll call of members:
Present: Stolte, Swecker, Michaud, Wulff, Detjen, Grenz, Drotning.
Absent: Puncochar
Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner,
Ron Mullenbach, Associate Planner; Leif Hanson, Zoning Coordinator; Jay Rubash,
Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny
Brevig, Recording Secretary.
ITEM 3: APPROVAL OF MEETING MINUTES:
The June 6, 2002 Planning Commission meeting minutes were approved as
presented...
ITEM 4: ANNOUNCEMENTS:
Mr. Morey stated that. the following items were distributed to the. Planning
Commission members and staff before tonight's meeting.
1. June 19, 2002 Parks, Recreation. & Natural Resources Committee meeting
motions regarding the Mehlhorn Beatty Addition preliminary and final plat,
Airlake Development Fifth Addition preliminary and final plat, Heritage
Walk preliminary plat, and Baileys Meadow preliminary and final plat.
2. Letter from Dakota County Plat Commission regarding Heritage Walk.
3. Letter from Larkin, Hoffman, Daly & Lindgren, Ltd., representing Heritage
Commons, regarding the Lake Marion Collision variance request.
4. E-mail from Barbara Moeller to Jay Rubash and Ron Mullenbach regarding
the amended wetland report for Heritage Walk. `
5. Copy of a Useable Open Space plan for the Heritage Walk .preliminary plat.
ITEM 5: MORGAN SQUARE (Continued from the May 16, 2002 Planning Commission
Meeting)
Chair Wulff continued the discussion. of the application of Morgan Square LLC -
James Allen for the preliminary plat of 111 attached townhouse-units to be known
as Morgan .Square, located south of 205 Street, north of 210 Street (C.R. 70), and
west of the Lakeville Theatre.
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June 20, 2002
Page 2
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Engineer Steve Albrecht from Bolton & Menk, Inc. and developer James Allen. were
in attendance at the meeting to answer any questions the Planning Commission or
public may have. Mr. Phillip Krass, an attorney representing. the developer, stated
that they can meet the .staff recommendations far an 80 foot right-of-way for
Morgan Avenue and additional guest parking spaces, .however, this would require
a variance to allow a 20 foot guest parking setback.
Planning Director Daryl Morey stated that the preliminary plat was continued at
the May 16, 2002 meeting so a traffic study could be prepared to identify traffic
volumes on proposed Morgan :Avenue and to examine alternatives. for.. a second
public street access for the Morgan Square development.
Mr. Morey stated that two alternative street designs were identified in the traffic
study to achieve a lower traffic volume on Morgan Avenue. One design includes a
series of one-way loop streets to increase the amount of time and effort it would
take to travel through the townhouse .development between 210 Street and C.R.
70, thus discouraging through traffic. The second design includes two. long cul-de-
. sac streets serving townhouses south of 205 Street (Morgan Square) and north of
the realigned Keokuk Avenue, instead of a through street connection.
Mr. Morey stated that Planning and Engineering staff do not support the two
alternative designs proposed in the traffic study. Morgan Avenue will likely be the
only north-south street between 205 Street and C.R. 70 west of Keokuk Avenue so
it will be an important north-south connection. In addition, Mr. Morey added that
the traffic that would be diverted from Morgan. Avenue could create traffic
circulation problems on Keokuk Avenue, which serves adjacent properties zoned
C-3, General Commercial. Mr. Morey indicated that staff recommends that Morgan
Avenue continue to connect 205 Street and C.R. 70, but as a collector street instead
of as a local street, due to the traffic volumes forecasted in the SRF study.
Mr. Morey stated that the traffic volumes in the SRF study are based on projections
for the year 2025. The 4,000 daily traffic volume forecast for Morgan Avenue
would correspond with volumes on a minor collector street. If the daily traffic
volume forecast were to exceed 5,000 ADT, then the volumes would be more of a
major collector classification.
Mr. Morey indicated that Planning and Engineering staff recommend that an 80
foot right-of-way be platted for Morgan Avenue to accommodate a possible future
major collector design, but that the street be constructed initially to a minor..
collector design of a 36 foot wide street with 5 foot concrete sidewalks on both sides
as shown on the Morgan Square preliminary. plat plans. Staff further recommends
Planning Commission Meeting
June 20, 2002
Page 3
that "no parking" signs be placed on both sides of Morgan Avenue, and due to this
fact, staff is recommending that the developer examine possibilities to maximize the.
number of guest parking spaces provided with the Morgan Square Development.
Mr. Morey stated that because the second access for the Morgan Square
development will occur in the future after the interchange improvements are
completed and Keokuk Avenue is realigned, staff is recommending that the
preliminary plat be revised so that Morgan Avenue terminates in a temporary cul-
de-sac on the south side of the fifth proposed private drive south of 205 Street. He
indicated that this will revise the preliminary plat to a total of approximately 76
.attached townhouse units off a temporary cul-de-sac with a length of
approximately 750 feet. The remaining 35 attached townhouse lots could be
preliminary and final platted in the future when Morgan, Avenue is extended to the
south to connect with the realigned Keokuk Avenue.
Mr. Morey stated that because the .staff recommendation .does not involve a
significant: modification to the .preliminary plat plans, if the Planning. Commission
concurs with staff's recommendation, he recommends that the Planning
Commission forward the preliminary plat to the. City Council subject to the
preliminary plat plans being revised to reflect staff recommendations prior to the
City Council meeting.
Chair Wulff asked if there was any more public comment.
..There was no further public comment.
Chair Wulff-suggested that the Planning Commission consider a PUD rezoning to
.accommodate .the reduced guest parking setback rather than a variance. The
Commission agreed with that option.
Assistant City Attorney Poehler stated that a Public Hearing Notice for a PUD
rezoning would be required and could be processed simultaneously with the final
plat.
Mr. Morey stated that the driveway spacing requirement for a minor collector is 50
feet and fora major collector is 200 feet. The Morgan Square Development private
drive spacing onto Morgan Avenue is approximately 160 feet.
Chair Wulff suggested that a stipulation be added regarding the extension of the
trail to serve the Morgan Square development.
Planning Commission Meeting
June 20, 2002
Page 4
Based on the Planning Commissions recommendation, Mr. Morey suggested the
following stipulations be added:.
6. Preliminary plat approval. is contingent upon rezoning the property to PUD
in conjunction with the final plat to allow a 20 foot guest parking setback.
7. The. developer shall construct an 8 foot bituminous trail on the South side of
205 Street from Keokuk Avenue to Morgan Avenue.
02.63 .Motion by Michaud, Second by Detjen to recommend to City Council approval of
the Morgan Square preliminary plat subject to the 21 stipulations listed in the May
10, 2002 planning report and the 5 stipulations listed in the June 14, 2002 planning
reports.
Ayes: Swecker, Michaud, Wulff, Detjen, Grenz, Drotning, Stolte.
Nays: 0
ITEM 6: JULIE BAILEY
Chair Wulff opened the public hearing. to consider the application of Julie" Bailey for
a Special Home Occupation permit to allow the operation of a massage therapy
business in asingle-family residence, located at 9808 185 Street West. Assistant
• City Attorney Poehler attested that the legal notice had been duly published in
accordance with state statutes and City Code.
Julie Bailey was in attendance at tonight's meeting to answer any questions. that the
Planning Commission or public may have.
Zoning Enforcement Coordinator Leif Hanson presented the planning report. Mr.
Hanson stated that Julie Bailey has submitted an application for a special home
occupation permit for the purpose of operating a massage therapy business out of
her single-family home located at 9808 185 Street West. He indicated that the
property is a five acre parcel and is zoned RS-2, Single Family .Residential District.
Mr. Hanson reviewed the staff analysis, which he has outlined in his June 11, 2002
planning. report. He stated that according to Mrs. Bailey's application, the massage
therapy business will be operated from an existing spare bedroom located on the
second floor of the home. Customers will enter the home through the main
entrance on the first floor.
Mr. Hanson stated that the site plan indicates that there is enough space for off-
. streef .customer parking on the driveway, which is approximately 200 feet in length.
The .existing driveway is not paved. Staff is proposing that the first 50 #eet of the
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June 20, 2002
Page 5
driveway from the right of way line along 185 Street West be paved with asphalt,
which is the typical length of a driveway located on asingle-family property. Mr.
.Hanson indicated .that a stipulation of the special home occupation permit will
require Mrs. Bailey to submit an escrow of $750 to guarantee that the first 50 feet of
the driveway will be paved.
Mr. Hanson stated that the property is located in the MUSA boundary, but. is not
.connected to City sewer or .water. A stipulation of the special home occupation
permit will require an inspection of the existing septic .system located on the
property to verify that the system is working properly.
Mr. Hanson indicated that only one customer shall be served at a time and by
appointment only.
Mr. Hanson stated that the Lakeville City Code requires all persons who administer
massages to be licensed by the City of Lakeville. • Mrs. Bailey has submitted an
application to the City for a massage therapy license.
Mr. Hanson.. stated that should the Planning Commission recommend to City
Council approval. of the Special Home Occupation: permit request for a massage
therapy business, Planning Department staff recommends the 12 stipulations listed
in the June 11, 2002 planning report and approval of the. Findings of Fact dated June
20, 2002.
Chair Wulff opened the hearing to the public for comment.
There were no comments from the audience.
02.64 Motion by Michaud, Second by Detjen to close the public hearing at 5:40 p.m.
Ayes: Michaud, Wulff, Detjen, Grenz, Drotning, Stolte, Swecker.
Nays:. 0
Commissioner Michaud questioned stipulation 12, regarding the paving of the first
50 feet of Mrs. Bailey's driveway.
Chair Wulff indicated that a paved driveway is a zoning ordinance requirement
and has been a .stipulation of previously approved special home occupation and
• conditional use permits.
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June 20, 2002
Page 6
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02.65 Motion by Detjen, Second by Drotning to recommend to City Council approval of
the Special Home Occupation permit for. Julie Bailey to allow the operation of a
massage therapy business in asingle-family residence, located at 9808 185 Street
West, subject to the 12 .stipulations listed. in the June 11, 2002 planning report and
approval of the Findings of Fact dated June 20, 2002.
Ayes: Wulff, Detjen, Grenz, Drotning, Stolte, Swecker, Michaud.
Nays: 0
ITEM 7: DAVID M. HALL
Chair Wulff opened the Public hearing to consider the application of David M. Hall
for a Conditional.Use Permit to allow the expansion of an existing non-conforming
single family dwelling in the Shoreland Overlay District of .Lake Marion, located at
10097199 Street. Assistant City Attorney Poehler attested that thelegal notice had
been duly published in accordance with state statutes. and City Code.
David Hall was in attendance at tonight's meeting to answer any questions that the
Planning Commission or the public may have. Mr. Hall provided an overview of
. the proposed conditional use permit.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that David Hall has submitted plans and an applicatian for a Conditional
Use Permit (CUP} to allow the applicant to remodel the existing garage into living
space. and construct a new garage on the east side, located at .10097 199 Street, in
the RS-3, Single Family Residential District and Shoreland Overlay District of Lake
Marion.
Mr. Dempsey indicated that the house was constructed in 1994 and is non-
conforming due to the existing 8.9 foot. setback to the north side property line.. The
property was platted as part of the Antler's Park subdivision in 1910. The lot is a
legal non-conforming parcel of record at the corner of Jaguar Avenue and 199
Street.
Mr. Dempsey indicated that the house was not constructed in the exact location as
shown on the survey submitted with .the building permit in 1994. The house is 8.9
feet to the north property line and is slightly skewed so that the northeast corner of
the house is 9.4 feet from the north property line.
• Mr. Dempsey stated that a maximum allowable impervious surface area for a single
family lot in the Shoreland Overlay District is 25%. The existing impervious surface
area is 24.9%. Mr. Dempsey indicated that the proposed new garage will be
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June 20, 2002
Page 7
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constructed over existing impervious surface area. The property owner is
proposing to remove approximately 400 square feet of excess bituminous. driveway
urea plus an additional 216 square feet of pavement in the boulevard. This will
result in an impervious surface area of 24.7% with the removal of the driveway area
shown on the survey.
Mr. Dempsey indicated that the deck is proposed on the south side of the house off
of the main level. The proposed 5 foot wide deck would meet the minimum 15 foot
side yard setback requirement to the south property line as stated in Section 11-17-
11A.2 of the Zoning Ordinance.
Mr. Dempsey stated that there is an existing 8 foot by 10 foot shed in the northwest
:corner of the property located in the drainage and utility easement. The shed was
installed without a permit. He indicated that the shed .will be removed as a
stipulation of the Conditional Use Permit.
Mr. Dempsey indicated that the proposed house addition will conform to all
.setback requirements and performance standards of the Zoning Ordinance subject
to conformance with the stipulations recommended in the conditional use permit.
Mr. Dempsey stated that should the Planning Commission recommend to City
.Council approval of the Conditional Use Permit, Planning Department staff
:recommends the 4 stipulations listed in the June 14, 2002 planning report, and
approval of the Findings of Fact dated June 20, 2002.
Chair Wulff opened the hearing to the public for comment.
There were no comments from the audience.
02.66 Motion by Drotning, Second by Stolte to close the public hearing at 5:45 p.m.
Ayes: Detjen, Grenz, Drotning, Stolte, Swecker, Michaud, Wulff.
Nays: 0
Commissioner Drotning requested that as-built foundation surveys be considered
as a requirement for residential as well as commercial /industrial projects as part of
the ongoing Zoning Ordinance review in order to prevent this stipulation in the
future.
02.67. Motion by Drotning, Second by Swecker to recommend to City Council approval
• of the Conditional Use Permit for David M. Hall to allow the expansion of an
existing non-conforming single_family dwelling ~n the Shoreland Overlay District of
Lake Marion, located at 10097 199 Street, subject to the 4 stipulations listed in the
Planning Commission Meeting
June 20, 2002
Page 8
June 14, 2002 planning report, and approval of the Findings of Fact dated June 20,
..2002.
.Ayes: Grenz, Drotning, Stolte, Swecker, Michaud, Wulff, Detjen.
Nays: 0
ITEM 8: LAKE MARION COLLISION
:Chair Wulff opened the public hearing to consider the application of Bruce Tschida
for a Conditional Use Permit Amendment to allow an expansion to an existing non-
conforming major automobile repair facility in the C-3, .General Commercial
District, located at 20120 Dodd Boulevard and a Variance from the required 20-foot
side yard setback. Assistant City Attorney Poehler attested that the legal notice had
been duly published in accordance with state statutes and City Code.
Bruce Tschida, owner of Lake Marion Collision; Ward Sessing of Sessing Architects;
.and Garth. Ristau of .Langer Construction were in attendance at tonight's meeting to
answer any questions that the Planning Commission or the public may have.
. Associate Planner Ron Mullenbach presented the planning report. Mr. Mullenbach
stated that Mr. Tschida has submitted an application for an amendment to
Conditional Use Permit No. 88-05 to allow an $4' x 50' (4,200. square foot) expansion
to the existing 3,600 square foot .Lake Marion Collision building, located at 20120
Dodd Boulevard. Mr. Tschida is also requesting a variance from the required 20
foot side yard setback for major automobile repair uses.
Mr. Mullenbach reviewed the history of Lake Marion Collision, which was
originally constructed in 1989 by Duane Marek. Mr. Mullenbach explained. that the
site plan approved with. the conditional use permit identified the building being set
back 20 feet .from the northerly property line, consistent with the required 20 foot
side yard setback.. He indicated that the building was incorrectly located and has
resulted in a building skewed to the northerly lot line with an existing 18.9 foot
non-conformingsetback in the northeasterly corner of the building.
Mr. Mullenbach stated that Mr. Tschida is proposing to extend the established
building line with the building addition, which would result in a building setback
of 17.8 feet adjacent to the northeast corner of the expansion. A variance
application has been submitted by Mr. Tschida to allow a 2.2 foot reduction to the
20 foot side yard setback requirement.
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June 20, 2002
Page 9
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Mr. Mullenbach reviewed the major automobile repair use performance standards
and the general review criteria for conditional use permits and variances identified
in the Zoning Ordinance.
Mr. Mullenbach indicated that the applicant is proposing to remove a portion of the
existing parking lot along Dodd Boulevard with the building expansion.
.Construction of a sidewalk within the adjacent 10 foot wide public trail easement
will occur concurrent to sidewalk improvements on the adjacent properties.. Mr.
Mullenbach also indicated that the proposed plan identifies 20 parking spaces, in
excess of Zoning Ordinance requirements.
Mr. Mullenbach stated that the existing facility and proposed expansion are
required by the Uniform Fire Code to have a sprinkler system for fire suppression.
He indicated that the existing water service to the building is not sized to provide
adequate flow for the sprinkler system. Mr. Mullenbach stated that the_conditional
use .permit and variance requests will not be considered by the City Council until
the necessary public watermain easement has been acquired by the applicant.
Mr. Mullenbach stated that should the Planning Commission recommend to City.
Council approval of the request by Bruce Tschida of Lake Marion Collision for an
amendment to Conditional Use Permit No. 88-05 and a variance to allow a 17.8 foot
side yard setback for an expansion to a major automobile repair facility, Planning
Department staff recommends the 21 stipulations listed in the June 14, 2002
planning report, and approval of the. Findings of Facts for both the conditional use
permit and variance, dated June 20, 2002.
Chair Wulff opened the hearing to the public for comment.
Neal Blanchett from Larkin, Hoffman, Daly f~ Lindgren, Ltd.
Mr. Blanchett stated that he is representing the Bernardi's, owners of the
adjustment Heritage Commons retaildevelopment. He commented that they are
not against the existing use, but are against the variance to allow the expansion. He
stated that state statute does not .allow a use variance or the expansion because it
does not meet the criteria (setbacks) for consideration as a conditional use.
Luigi Bernardi, owner of Heritage Commons
Mr. Bernardi. commented that he was concerned with this project and its location
• next to their commercial retail center. He feels that the major automobile repair use
is not appropriate in the C-3, General Commercial District and should only be
permitted in industrial areas.
Planning Commission Meeting
June 20, 2002
Page 10
02.68 Motion by Detjen, Second by Drotning to close the public hearing at 6:10 p.m.
Ayes: Drotning, Stolte, Swecker, Michaud, Wulff, Detjen, Grenz.
Nays: 0
Ms. Poehler stated that she disagreed with Mr. Blanchett's interpretation of the
variance request and stated that Lake Marion Collision is not requesting a use
variance, but rather a setback variance.
Commissioner Drotning indicated that he has an automotive business in Lakeville
and he stated that he has no conflict and no financial interest in this project.
Chair Wulff and Commissioner Drotning indicated that the Planning Commission
does not support an expansion to make a building more non-conforming.
Mr. Ward indicated that the applicant is willing to withdraw the variance request
and .revise the plans so that the building expansion meets the required 20 foot side
yard setback.
. Commissioner Drotning indicated that he felt the site did not have enough parking.
Commissioner Michaud commented that Lake Marion Collision exceeds the
parking requirements and questioned whether they should be required to provide
more stalls.
Ms. Poehler stated that the Planning Commission may make recommendations to
exceed minimum requirements if substantiated.
Commissioner Grenz asked if the water issue has been resolved. Mr. Rubash
indicated that the developer has not addressed this issue yet and must do so prior
to consideration by the City. Council.
Chair Wulff asked if the parcel is non-conforming because it is less than one acre in
size when the roadway and trail easement areas are subtracted.
Break at 6:30
Reconvened at 6:45
Ms. Poehler stated that the right-of-way issue and easement are. irrelevant because
the subject parcel was a legal lot of record before January 1, 1994. The zoning
• ordinance states that easements are not excluded from lot area calculations for all
lots legally existing prior to January 1,1994.
Planning Commission Meeting
June 20, 2002
Page 11
The Planning Commission agreed that the applicant has .met the minimum Zoning
Ordinance requirements for his expansion. If he adjusts his site plan so he no
longer needs a variance, the Commission would support the expansion.
02.69 Motion by Swecker, Second by Stolte to recommend to City Council approval of a
Conditional Use Permit Amendment for Bruce Tschida to allow an expansion to an
existing non-conforming major automobile repair facility, located at 20120 Dodd
Boulevard, subject to the withdrawal of the variance request, and subject to the 21
stipulations listed in the June 14, 2002 planning report, and approval of the Findings
of Facts for. the Conditional Use Permit Amendment dated June 20, 2002.
Ayes: Stolte, Swecker, Michaud, Wulff, Detjen, Grenz, Drotning.
Nays: 0
ITEM 9: BAILEYS MEADOW
Chair Wulff opened the public hearing to consider the application of Wright Homes
and Terrain Corp. (d.b.a. Baileys Meadow Partnership) for the preliminary and
final plat of 15 single family lots on three blocks to be known. as Baileys Meadow,
located south of Dodd Boulevard and east of Flagstaff Avenue.. Assistant City
Attorney Poehler attested that the legal notice had been duly published in
accordance with state statutes and City Code.
Brian Olson, President of Terrain Corp. and Everett Wright, President of Wright
Homes were in attendance at tonight's meeting to answer any questions that the
Planning Commission or the public may have. Mr. Olson provided an overview of
the Baileys Meadow plat.
Associate Planner Ron Mullenbach presented the planning report. Mr. Mullenbach
stated that Wright Homes and Terrain Corporation are requesting approval of the
preliminary and final plat of Baileys Meadow, which consists of 15 single family
lots on 9.30. acres of land located south of Dodd .Boulevard and .east of Flagstaff
Avenue. Mr. Mullenbach indicated that the subject property is zoned RS-2, Single
Family Residential District.
Mr. Mullenbach stated that the 15 single-family lots meet the minimum lot
requirements of the RS-2 District, including the minimum lot depth of 170 feet for
the two lots abutting Dodd Boulevard.
Mr. Mullenbach indicated that Baileys .Meadow preliminary and final plat is an
• infill development that will complete segments of Fieldcrest Avenue and Firestone
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June. 20, 2002
Page 12
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.Path, which will connect with the Baileys Meadow plat. He stated that the
temporary cul-de-sacs for Fieldcrest Avenue and Firestone Path in the adjacent
Kilkenny Pond and Dodd Valley Estates development will be removed and the area
restored as part of the Baileys Meadow improvements.
Mr. Mullenbach stated that' Dodd Boulevard is identified. as aloes-density minor
arterial in .the City's Transportation Plan. The existing house. currently has a
driveway access onto Dodd Boulevard. The Baileys Meadow preliminary. and final
.plat proposes that the existing driveway access will be eliminated and all lots will
have driveway access from Fieldcrest Avenue or Firestone Path, which. is consistent
with the City's Transportation Plan and Subdivision Ordinance. Thee existing
driveway will be used as a construction access until the first lift of asphalt is placed
on the streets. At that point, the driveway will be removed and the barricades will
be removed from Fieldcrest Avenue and Firestone Path.
Mr. Mullenbach indicated. that Lots 4 and 5, Block 3, which are proposed to back
onto Dodd Boulevard, are subject to .the buffer yard screening requirements of the
Zoning Ordinance. He stated that the developer has. submitted a landscaping plan
for the development that identifies. the required buffer. yard screening for the two
lots along Dodd Boulevard. .The plan incorporates existing mature trees along
Dodd Boulevard into the design of the screening. Mr. Mullenbach indicated that
the final plat dedicates a 20-foot wide drainage and utility easement over the
required buffer yard on Lots 4 and 5, Block 4. He indicated that the entire area
cannot be bermed without removing the mature trees in the area.
Mr. Mullenbach .stated that the Baileys Meadow preliminary and final plat plans
were reviewed by the Parks, Recreation and Natural Resources committee at their
' June. 19, 2002 meeting and they. recommended approval.
Mr. Mullenbach stated that the developer hosted a neighborhood meeting for the
proposed development on May 8, 2002. Seven .residents. and the current property
owner, Mary Elias, were in attendance. The questions that were asked related to
grading and drainage, tree preservation, landscaping, construction access, removal
of existing house and accessory buildings, removal of temporary cul-de-sacs on
Fieldcrest Avenue and Firestone Path, future upgrade of Dodd Boulevard, project
timing, and house values.
Mr. Mullenbach stated that should the Planning Commission recommend to City
Council .approval of the application of Wright Homes and Terrain Corp. for a
preliminary and final plat of 15 singe family lots to be known as Baileys Meadow,
Planning Department. staff recommends the 10 stipulations listed in the .June 14,
2002 planning report dated June 20, 2002.
Planning Commission Meeting
June 20, 2002
Page 13
Chair Wulff opened the hearing to the public for comment.
There were no comments from the audience.
02.70 Motion by Detjen, Second by Swecker to close the public hearing at 7:00 p.m.
Ayes: Swecker, Michaud, Wulff, Detjen, Grenz, Drotning, Stolte.
Nays: 0
Chair Wulff stated that a minor collector street works better with sidewalks. and he
wanted to be sure that when the area to the east.in Expansion Area A develops that
sidewalks are added to Fairgreen Avenue, at least on one side. This was noted by
City staff.
Commissioner Drotning asked if and how Fairgreen Avenue will extend to 170
Street. Mr. Mullenbach stated that the street alignments will be determined when
the property develops. He added. that it is likely that the two minor collectors
serving the area (Fairgreen Avenue down to 170 Street and Fieldcrest Avenue to
Pilot Knob. Road) will be extended in a "jogged" or indirect route to minimize. their
attractiveness for cut-through traffic.
Chair Wulff commented on the strange .shape of the lot just west of Lot 5, Block 3.
She indicated that she voted against the' final plat which created this odd-shaped
parcel (Kilkenny Pond 3rd Addition). She asked if the developers had contacted the
property owner to see if they would consider being involved in a re-plat with Lot 5,
Block 3 to provide two lots with a shared lot line perpendicular to Firestone Path.
Mr. Olson and Mr. Wright indicated that they have talked to the adjacent property
owner about a land swap so the property can be squared off but were not able to
reach an agreement as of yet. They are willing to continue to pursue this prior to
.City Council consideration of the preliminary and finalplat.
Mr. Morey stated .that Lot 5, Block 3 could be designated as an outlot on the
preliminary and final plat. If the developer subsequently reached an agreement
with the adjacent property owner, preliminary and final plat approval ..for the two
lots would be required. This would allow the developer to proceed at this time .
with the development of 14 of the 15 lots proposed in Baileys Meadow.
Commissioners Michaud, Detjen, Stolte and Swecker indicated they support the
plat design as presented.
Planning Commission Meeting
June 20, 2002
Page 14
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Commissioner Drotning stated that because the developer has a good history in
Lakeville, it is reasonable to assume they will try to work .something out with the
property owner. He also stated that requiring a re-plat, rather than recommending
it, would put the developer in a very difficult position in dealing with the adjacent
property owner.
02.71 .Motion by Stolte, Second by Michaud to recommend to City. Council approval of
the preliminary and final plat of Baileys Meadow, located south of Dodd Boulevard
and east of Flagstaff Avenue, subject to the 10 stipulations listed in the June 14, 2002
planning report.
Ayes: Michaud, Detjen, Drotning, Stolte, Swecker.
Nays: Wulff, Grenz. The reason for Chair Wulff's nay was she felt the preliminary and
final plat should be revised to correct the skewed side property line
on Lot 5, Block 3 and the adjacent lot in Kilkenny Pond .3rd
Addition.
Commissioner Grenz's nay was the same as the Chair.
ITEM 10: MEHLHORN BEATTY ADDITION
Chair Wulff opened .the Public. Hearing to .consider the application of Alan
Mehlhorn and John Beatty for the preliminary and final plat of 4single-family
residential lots to be known as Mehlhorn Beatty: Addition, located south of 202nd
Street and east of Kensington Way, and fora the vacation of a portion of platted
public road right-of-way. Assistant City Attorney Poehler .attested that the legal
notice had been duly published in accordance with state statutes and City Code.
Al Mehlhorn and John Beatty were in attendance at tonight`s meeting to answer .
any questions the Planning Commission or public may have. Mr. Mehlhorn
provided an overview of the proposed Mehlhorn Beatty Addition development.
Associate Planner Frank Dempsey presented the planning report.. Mr. Dempsey
stated that Alan Mehlhorn and John. Beatty have submitted applications for the
vacation of public road right-of-way and the preliminary and final plat of Mehlhorn
Beatty Addition, which consists of 4 single family residential lots on 3.75 acres
located south of 202nd Street and east of Kensington Way. He indicated that the
Mehlhorn Beatty Addition preliminary and final plat also includes the vacation of
portions of existing Bayview Avenue right-of-way.
Mr. Dempsey indicated that until recently, the property included a single family
home that has since been removed from the property..
Planning Commission Meeting
June 20, 2002
Page 15
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Mr. Dempsey stated that the right-of-way platted in 1910 with the .Marion Heights
Addition as Bayview Avenue is proposed to be vacated as part of the Mehlhorn
Beatty Addition. This will allow the entire area to be combined into four separate
lots as proposed in the. Mehlhorn Beatty Addition preliminary and final plat. Mr.
Dempsey indicated that the Bayview Avenue right-of-way is not utilized or
proposed for public street purposes.
Mr. Dempsey stated that the subject property is located. in the Shoreland Overlay
District of Lake Marion. A minimum lot area of 15,000 square feet is required in the
Shoreland Overlay. District.
Mr. Dempsey indicated that there is an existing overhead power pole, barbed wire
fence and debris that must be removed from the property prior to beginning
development. The developers will be .required to post a $10,000.00 escrow to
guarantee removal of the. power pole and debris from the property.
Mr. Dempsey stated. that there is one Outlot proposed in the Mehlhorn Beatty
Addition preliminary and final plat totaling 9,495 square .feet. This Outlot is the
• wetland and will be deeded #o the City with the final plat.
Mr. Dempsey stated that the proposed Mehlhorn Beatty Addition preliminary and
final plat is located in an area that has 122 significant trees. The plan proposes to
save 114 (94%j trees. He indicated there are 37 Oak trees on the site, and 37 will be
saved. The developer will be required to post security. for tree preservation on an
individual basis for each lot containing a "saved" significant tree.
The Parks, Recreation and Natural Resources Committee is recommending a park
dedication. fee of $1,585.00 per lot.
Mr. Dempsey stated that should the Planning Commission recommend to City
Council.approval of the Mehlhorn Beatty preliminary and final plat. and the
proposed right-of-way vacation, Planning Department staff recommends the 9
stipulations listed in the May 14, 2002 planning report.
Chair Wulff opened the hearing to the public for comment.
There were no comments from the audience.
02.72 Motion by Stolte, Second by Drotning to close the public hearing at 7:30 p.m.
Ayes: Wulff, Detjen, Grenz,.Drotning, Stolte,. Swecker, Michaud.
Nays: 0
Planning Commission Meeting
June 20,:2002
Page 16
•
Commissioner Drotning wanted to make sure all four lots were. buildable and not
impacted bybluff regulations.
Mr. Rubash stated that the plat does not meet the bluff criteria because it abuts a
wetland, not Lake Marion.
02.73 Motion by Drotning, Second by Swecker to recommend to City Council approval of
the application of Al Mehlhorn and John Beatty for a preliminary and final plat of 4
single-family residential lots and the right-of-way vacation, .subject to the 9
stipulations listed in the May 14, 2002 planning report.
Ayes: Detjen, Grenz, Drotning, Stolte, Swecker, Michaud, Wulff.
Nays: 0
Break at 7:35
Reconvened at 7:45
ITEM 11: HERITAGE WALK
Chair Wulff. opened. the public hearing to consider the application of Wensmann
Realty for the preliminary plat of 148 townhome unit lots, 4 common area lots, and
4 outlots to be known as Heritage Walk, located north of 202nd Street and .east o£
Holyoke Avenue. Assistant City Attorney Poehler attested that the legal notice had
been duly published in accordance with state statutes and City Code.
Terry Wensmann of Wensmann Realty was in attendance at tonight's meeting to
answer any questions the Planning Commission or public may have. Mr.
Wensmann presented an overview of the proposed Heritage Walk development.
Associate Planner Ron Mullenbach presented the planning report. Mr. Mullenbach
stated that the Heritage Walk preliminary plat consists of 148 townhome unit lots, 4
outlots, and 4 common lots on 31.79 gross .acres of land zoned RM-1, Medium
Density Residential.
Mr. Mullenbach stated that the Heritage Walk preliminary plat abuts Holyoke.
Avenue, 202nd Street and Highview Avenue and also includes the extension of
Heritage Drive. Three local street connections are also: proposed. Mr. Mullenbach
reviewed ..the street connections and the streets that :abut the Heritage ,.Walk
preliminary -plat, and the properties that surround the Heritage Walk preliminary
• plat.
Planning Commission Meeting
June 20, 2002
Page 17
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Mr. Mullenbach indicated that a 75 foot north half-right-of-way is identified. along
202nd Street (County Road 64) on the preliminary plat. An upgrade to County Road
64 is not included in Dakota County's 2002-2006 Capital Improvement Plan.. Mr.
Mullenbach indicated that when the roadway is upgraded, it will likely require the
acquisition of the three exception parcels adjacent to the preliminary plat
boundaries.
Mr. Mullenbach stated that St. John's Lutheran Church has acquired the
approximately 35 acre adjacent property on the east, side of Highview Avenue.
Weissmann Realty and St. John's have agreed in principle on a deal for the church
to provide up to 110,000 cubic yards of fill and the 40 feet east half Highview.
Avenue right-of-way from the church site in .exchange for the developer
constructing Highview .Avenue as an urban street ection with curb and gutter,:
sanitary sewer, watermain, and storm sewer and constructing a stormwater pond
on the church property. Weissmann Realty has also reached an agreement with
Kristina Berres, who owns the property at the northeast corner of 202nd Streetand
Highview Avenue;to acquire additional Highview Avenue right-of-way.
Mr. Mullenbach indicated that the developer is constructing regional ponding as
part of this development including two ponds outside and adjacent to the Heritage
.Walk preliminary plat boundaries. One of the ponds is on the property to the north
currently owned by Weissmann Realty and the other is on the St. John's. Lutheran
Church property and is included in the agreement between the developer and the
church.
Mr. Mullenbach stated that there are four outlots proposed within the Heritage
Walk preliminary plat. Outlots A, B, and D, which contain portions of regional
stormwater ponds, will be deeded to the City of Lakeville with the final plat.
Weissmann. Realty will retain ownership of Outlot C for future development,
Mr. Mullenbach. presented an overview of the RM-1 District standards as it relates
to the Heritage Walk preliminary plat. He indicated that the permitted uses,
.development density, unit size and width, lot requirements, and exterior building
finish meet or exceed the RM-1 District standards.
Mr. Mullenbach stated that a setback of 30 feet between buildings will be required
for the Heritage Square development based on the average building height of 30
feet. He indicated that. this will require that Building. 9-14, Block 1 be shifted 2.5 feet
to the south.
Planning Commission Meeting
June 20, 2002
Page 18
i
Mr. Mullenbach stated that both the end units and interior units are proposed to
have a storm shelter constructed to FEMA standards. He indicated that the storm
shelter proposed within the end unit is only 5 feet high. The building plans shall be
revised to show a minimum ceiling height of 7 feet for the storm shelter in the end
unit. The interior unit has a poured concrete wall storm shelter underneath the
front entry way.
Mr. Mullenbach indicated that the developer is proposing a .total of 83 guest
parking spaces to serve the 148 attached .townhouse units, greatly .exceeding
Zoning Ordinance requirements.
Mr. Mullenbach stated that the developer has submitted a preliminary landscape
and tree .preservation plan with the Heritage Walk preliminary plat. The .landscape
plan includes substantial berming and a mixture of overstory deciduous and
evergreen landscape materials along Holyoke Avenue, 202nd Street and. adjacent to
the police. and fire station. sites. The. developer will also be responsible for
construction of a black vinyl-clad chain link fence adjacent to the north and east
sides of the police station site.
Mr. Mullenbach stated that the ..Parks, Recreation and Natural Resources
Committee reviewed the preliminary plat plans at their June 19, 2002 meeting and
recommended approval.
Mr. Mullenbach stated that should the Planning Commission recommend to City
Council approval of the Heritage Walk preliminary plat, Planning Department staff
recommends the 26 stipulations listed in the June 14, 2002 planning report.
Chair Wulff opened the hearing to the public for comment.'
Jerome Perry, 8571 202nd Street West
Mr. Perry was concerned about people going through his property to get from the
development to the Quigley-Sime .Park. He asked that the developer be required to
put. up a chain link fence on the back edge of his property similar to that proposed
adjacent to the police station property..:. He added that due to the age of his pine.
trees currently on his back property line, he requested more Black Hill Spruce trees
on the proposed berm adjacent to his rear lot line.
James Moe, 8593 202nd Street West
• Mr. Moe also wanted to see the fence ut u He added that the deciduous trees,
p p
including the river birch trees, should be replaced by spruce trees.
Planning Commission Meeting
June 20, 2002
Page 19
02.74 Motion by Michaud, Second by Stolte to close the public hearing at 8:15 p.m.
Ayes: Grenz, Drotning, Stolte, Swecker, Michaud, Wulff, Detjen.
Nays: 0
Mr. Morey stated if the developer installed a row of spruce trees adjacent to the
existing Spruce trees along the back property line of Mr. Perry and Mr. Moe, .you
would have a double row of spruce trees so the fence may not be necessary.
Chair Wulff, along with the other- Commissioners agreed that Wensmann Realty
should put in the fence and a row of Spruce trees adjacent to Mr. Perry and Mr.
Moe's back property lines. Mr. Wensmann agreed that there is room to put a chain
link fence as close to the shared property line as possible and a row of spruce trees
on the townhouse side of the fence.
Mr. Morey indicated that the fence would be the responsibility of the Homeowners
Association.
Commissioner Drotning stated he was concerned with the amount of dirt being
removed from the hill on the church property: Wally Potter, representing St. John's
Lutheran Church, provided- an overview of the proposed grading on the church
property.
Commissioner Swecker .asked when St. John's Lutheran Church can start building
their.: church. Mr. Mullenbach indicated that they are in the 2010 MUSA, and they
may not develop until the property is within the current MUSA. He stated that the
site will be restored after the grading is completed.
Commissioner Swecker was concerned about the individual townhome driveways
directly onto Highview Avenue. Mr. Mullenbach indicated that Highview Avenue
is a minor collector and private driveways are permitted on minor collector streets.
He added that City staff and Wensmann Realty had worked to eliminate all
driveway accesses on Highview Avenue between Hollister Lane and 202nd Street to
eliminate potential traffic conflicts at the Highview Avenue/202nd Street
intersection.
Chair Wulff questioned whether a PUD zoning should be considered to allow
flexibility to connect dead end private drives to improve traffic circulation and to
allow the preliminary plat to be modified to eliminate all driveways on minor
• .collector Highview Avenue.
Planning Commission Meeting
June 20, 2002
Page 20
.Commissioner Drotning explained that Zoning Ordinance standards, limit the
.number of units allowed on a private- drive. Connecting dead .end private drive
would improve circulation through the development. Mr. Wensmann commented
that they have worked very hard with staff to develop a design that meets zoning
ordinance requirements given the collector roadway and regional ponding
constraints on this property. He didn't feel that a PUD rezoning was necessary
since the current layout meets RM-1 District and Subdivision Ordinance standards.
Commissioner Drotning stated that this preliminary plat provides more open space
than other .projects featuring the back-to-back style townhomes. He added that. it
appears that the developer could reduce the length of the guest .parking stalls on
the end of private drives to eliminate excess pavement and provide even more
green space. Mr. Wensmann agreed tb review this comment with his engineer and
eliminate pavement where possible.
Commissioner: Drotning asked about the phasing of the project. Mr. Wensmann
stated that they were .hoping to start the grading.. and utilities construction this:. fall
with completion of streets next spring. Mr. Wensmann indicated that the
• townhome buildings will likely be built-out by the end of 2003.
Mr. Morey recommended the following additional stipulations, given the Planning
Commission comments
27. The landscape plan shall be revised to include evergreen landscape materials
and avinyl-clad chain link fence adjacent to the Moe and Perry properties..
28. The developer shall reduce the length of the private drives where possible.
02.75 Motion by Michaud, Second by Detjen to recommend to .City Council approval of
the Wensmann Realty preliminary plat of 148 townhome unit lots, 4 common area
lots, and 4 outlots to be known as Heritage Walk, located north of 202nd Street and
east of Holyoke Avenue, subject to the 26 stipulations listed in the June. 14, 2002
planning report, as amended with the addition of stipulations 27 and 28.
Ayes: Drotning, Stolte, Michaud, Wulff, Detjen.
Nays: Swecker, Grenz. -The reason for. their nay being that they were not comfortable
with individual private driveways on Highview Avenue.
`ITEM 12. AIRLAKE DEVELOPMENT FIFTH ADDITION
Planning Commission Meeting
June 20, 2002
Page 21
•
Chair Wulff opened the public hearing to consider the application of APPRO
Development and Dick's Sanitation for a preliminary and final plat of one lot and
one outlot to be known as Airlake Development Fifth Addition, and for a rezoning.
of Lot 1, Block 1 from I-1, Limited Industrial District to PUD, Planned Unit
Development District, and for the vacation of public drainage and utility easements
related to the final plat of Airlake Development Fifth Addition. Assistant City
Attorney Poehler attested that the legal notice had been duly published in
accordance with state statutes and City Code.
Jack Matasosky, President of APPRO Development; Grant Jacobson and Steve. Love
of Jacobson Engineers and Surveyors; and Dick and Mary Ann Clemmer, owners of
Dick's Sanitation, were in attendance at tonight's meeting to answer any questions
the Planning Commission or public may have. Mr. Matasosky provided an
overview of the proposed Airlake Development Fifth Addition development.
Associate Planner Ron Mullenbach presented the planning report. Mr. Mullenbach
stated that APPRO Development, representing Airlake Development. and Dick's.
Sanitation, have .resubmitted preliminary and final plat plans for Airlake
Development Fifth Addition. He indicated that the subject property includes two
. metes and bounds description parcels totaling approximately- 35 acres.
Approximately 3.5 acres of he subject property is the current Dick's Sanitation site,
located at 8984. - 215 Street. The remaining acreage is owned by `Airlake
Development.
Mr. Mullenbach indicated that the preliminary and final plat plans for Airlake
Development. Fifth Addition were reviewed by the Planning Commission on
August 17, 2000, which included a site plan for CH Carpenter Lumber. The
developer did not proceed with plans for City Council. consideration because CH
Carpenter chose to locate at the southwest corner of CSAH 70 and Highview
Avenue. Mr. Mullenbach stated that a second review. at the. September 6, 2001
Planning Commission meeting included a site plan/conditional use permit for
Metals USA.. This proposal also did not go to City Council for final approval at the
request of the applicant.
Mr. Mullenbach stated that the applicants are now proceeding with Dick's
Sanitation expansion plans and have incorporated the existing 3.5 acre Dick's
Sanitation parcel into the preliminary and final plat plans. He indicated that the
combination of the .two metes and .bounds description parcels allowed the
applicants to coordinate the location of the future minor collector street (Humboldt
• Way) in a mutually beneficial .location on the westerly .plat boundary. The
proposed minor collector street location is 1/4 mile from both Holyoke Avenue and
Dodd Boulevard, which meets Dakota County Access Spacing Guidelines for. a full
Planning Commission Meeting
June 20, 2002
Page 22
•
access on CSAH 70. The preliminary and final plat plans identify a 40 foot wide
east 1/z right-of-way for Humboldt Way on the westerly plat boundary. The west 1/~
right-of-way will be dedicated when the adjacent Ruddle property develops.
Mr. Mullenbach stated that the preliminary and final plat of Airlake Development
Fifth Addition includes one lot on one block and one outlot. Lot 1, Block 1 is the
..Dick's Sanitation parcel and Outlot A is .being reserved for future development.
The existing boundary drainage and utility easements on the Dick's Sanitation
parcel are proposed to be vacated and rededicated on Lot 1, Block 1 of the final plat.
Mr. Mullenbach indicated that the existing Dick's Sanitation site includes an office
`building along .CSAH 70 and an accessory warehouse building to its south. Dick's
Sanitation is proposing to construct a new office building east of the existing
buildings. He stated that the existing warehouse building and the proposed new
office building.. will meet all setback requirements of the I-1 District. Mr.
Mullenbach also indicated that the existing office building encroaches on the 30 foot
side yard setback abutting CSAH 70. The building is currently non-conforming and
the right-of-way line for CSAH 70 has been jogged around the existing building.
• Mr. Mullenbach indicated that the Dick's Sanitation site on Lot 1, Block. l will.: be
developed in two phases. Phase I includes the improvements identified on the
Initial `Site and Landscape Plan that shall be completed prior to the issuance of a
certificate of occupancy for .the new office building on Lot 1, Block 1. Phase II
includes the improvements identified on the Master Site .and Landscape Plan that
shall be completed concurrent with the construction of Humboldt Way. Mr.
.Mullenbach. added that Dick's Sanitation will be providing a cash. escrow for. the
future upgrade of Humboldt Way.'
Mr. Mullenbach stated that the Dakota County Plat Commission had reviewed the
Airlake Development Fifth Addition plat at their May 6, 2002 meeting and
recommended approval... In addition, the Parks, Recreation and Natural Resources
Committee reviewed the plat at their June 19, 2002 meeting and recommended
approval.
Mr. Mullenbach stated that should the Planning. Commission recommend to City
Council approval of the .preliminary and final plat, and easement. vacation,
Planning Department staff recommends the 9 stipulations listed in the June 14, 2002
planning report, and should they recommend to City Council approval of the
rezoning to Planned Unit Development, Planning Department staff recommends
• the 12 stipulations listed in the June 14, 2002 planning report, and the Findings of
Factdated June 20, 2002.
Planning Commission Meeting
June 20, 2002.
Page 23
Chair Wulff opened the hearing to the public for comment.
Bob Ruddle, owner of land adjacent to Dick's Sanitation: Mr. Ruddle asked how the cash
escrow that Dick's Sanitation is required to submit for the future upgrade of
Humboldt Way will be distributed and how the amount to be distributed will. be
determined if construction does not occur for some time. Mr. Ruddle also
requested that additional screening be added to the southerly. property line of
Dick's Sanitation's existing parcel..
02.76 Motion by Stolte, Second by Swecker to close the public hearing at 9:25 p.m.
Ayes: Stolte, Swecker, Michaud, Wulff, Detjen, Grenz, Drotning.
Nays: U
To answer Mr. Ruddle's concerns, Mr. Mullenbach stated that the City will require
a cash :requirement based on current construction rates, which the City holds in
escrow. When the road is constructed, Mr. Ruddle will pay half the cost. The cash
escrow is .also used to pay for the road construction. The City will pay any
difference.
The developer and Mr. Clemmer agreed to install more screening on the south side
of the existing Dick's Sanitation property.
Chair Wulff stated .here concern about the jog in the right-of-way on County Road
70. Mr. Jacobson. indicated that the County took more than they needed for the
right-of-way, so when County. Road 70 is upgraded in the future, there will be
adequate right-of-way.
The Commissioners agreed that additional right-of--way for County Road 70 cannot
be acquired and the building cannot be brought into conformance without undue
hardship to the property....
Mr. Morey recommended the following stipulation be added to the Planned Unit
Development rezoning:
• Prior to City Council consideration, the initial and master landscape plan for
.Lot 1, Block 1 shall be revised to show additional evergreen screening. along
the. southerly edge of the existing Dick's Sanitation property.
02.77 Motion by Swecker, Second by Drotning to recommend to City Council approval
of the application of the Airlake Development Fifth Addition. preliminary and final
plat, easement vacation, and rezoning to Planning Unit Development, subject to the
Planning Commission Meeting
.June 20,.2002
Page 24
21 stipulations listed in the June 14, 2002 Planning Report, with the addition of
.stipulation 22 as stated, and approval of the Findings of Fact dated June 20, 2002.
Ayes: Swecker,.Michaud, Wulff, Detjen, Grenz, Drotning, Stolte.
Nays: 0
There being no further business, the meeting was adjourned at 9:35 p.m.
Respectfully submitted,
Penny B , Recording S ry
ATTEST:
Wen y Wulff, hair