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HomeMy WebLinkAbout08-15-02 CITY OF LAKEVILLE Planning .Commission Meeting Minutes AUGUST 15, 2002 The August 15, .2002 Planning Commission .meeting was called to order by Chair Wulff in the City Hall Council Chambers at 5:55 p.m. Flagpledge and roll call of members: Present: Stolte, Swecker, Wulff, Larson, Grenz, Drotning, ex-officio Puncochar. Absent: Detjen Staff Present: Robert Erickson, City Administrator; Daryl Morey, Planning Director; David Olson, Community & Economic Development Director; .Frank Dempsey, Associate Planner, Ron Mullenbach, Associate Planner; Leif Hanson, Zoning Enforcement Coordinator; Jay Rubash, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3: APPROVAL OF MEETING MINUTES: The Augusfi 1, 2002 Planning Commission meeting minutes were approved as presented. ITEM 4: ANNOUNCEMENTS: Mr. Morey indicated that our new Planning Commission member, Paul Reuvers, would be attending the September 5, 2002 Planning Commission meeting. Mr. Morey stated the following items were distributed to the Planning Commission . members and staff before tonight's meeting. 1. August 14, 2002 Parks, Recreation & Natural Resources Committee meeting motions regarding Airlake Development Sixth Addition preliminary and final plat, Morgan Square final plat, Heritage Walk final plat, and Shady Oak Grove preliminary and final plat. 2. .Letter from Dakota County Plat Commission regarding .Morgan Square. 3. Letter from the Dakota County Soil & Water conservation District regarding Shady Oak Grove. 4. Newspaper article in the Pioneer Press (August 15, 2002) written by Lakeville City Administrator Robert Erickson regarding the proposed Elko/New Market sewer interceptor. City Administrator Robert Erickson attended tonight's Planning Commission . meeting to inform the Planning Commission members about the proposed Elko/New Market sewer extension. Planning Commission Meeting August 15, 2002 Page 2 ITEM 5: ELECTION OF PLANNING COMMISSION VICE CHAIRPERSON 02.93 Motion by Swecker, Second by Drotning to nominate Commissioner Stolte to the office of Vice Chair for the remainder of the year 2002. Ayes: Stolte, Swecker, Wulff, Larson, Grenz, Drotning. Nays: 0 ITEM 6: CONSENT AGENDA 02.94 Motion by Drotning, Second by Stolte to recommend to City Council approval of the August 15, 2002 Planning Commission Consent Agenda as follows: Approve the application of Cynthia Konich fora 3-year extension of a Special Home Occupation Permit to operate a massage therapy business out of her home, located at 17217 Idlewood Way, subject to the 2 stipulations listed in the August 9, 2002 planning report. Ayes: Swecker, Wulff, Larson, Grenz, Drotning, Stolte. • Nays: 0 ITEM 7: COMPREHENSIVE SIGN PLAN (Tabled at the August 2, 2002 Planning Commission meeting) Chair Wulff opened discussion regarding the proposed Comprehensive Sign. Plan for amulti-tenant. commercial building, located at 20908. Holyoke Avenue. Rod Borg was in attendance at tonight's meeting to answer any questions the Planning Commission or public may have. He presented an overview of his sign plan and agreed with staff recommendations regarding the sign plan. He questioned the need for an enclosure for his trash dumpster. Zoning Enforcement Coordinator Leif Hanson presented the planning report. Mr. Hanson stated that Perma Companies has submitted a comprehensive. sign plan for their multi-tenant building located at 20908 Holyoke Avenue. in downtown Lakeville. The building is located in .the C-CBD District at the corner of 209 Street and Holyoke Avenue. Mr. Hanson indicated that a total of 4 commercial tenants are located .within the building and are requesting wall signage on the exterior of the building. A fifth • tenant space is located at the rear of the building and is not allowed an exterior wall Planning Commission Meeting August 15, 2002 Page 3 sign because it does not face a public street. The fifth tenant space, which has been used for storage purposes, must comply with Zoning Ordinance requirements. He stated that the Sign Ordinance, which was revised on March 4, 2002, requires new and existing multiple occupancy commercial and industrial buildings devoted to three or more businesses or industrial uses to submit a comprehensive sign plan subject to review by the Planning Commission and the approval of the City Council before any signs are installed on the premises. Mr. Hanson indicated that the building located at 20908 Holyoke Avenue currently does not have any exterior wall. or freestanding signs. Perma Companies are proposing to install a total of 5 exterior wall signs on the building. No freestanding signs are proposed. Mr. Hanson explained that the sign ordinance states that individual tenants located m a multiple occupancy building may display. an exterior wall sign on the building. only if the tenant's business has. an exclusive entrance and faces a public street.. The proposed sign plan shows that each of the 4 tenants has an exclusive exterior entrance. Mr. Hanson indicated that the Heratus Floors tenant has an exterior entrance facing Holyoke Avenue and one facing 209 Street. Each tenant is allowed to display one exterior wall sign while the Heratus Floors tenant may • display two exterior wall signs because it is located on the corner of 209 Street and Holyoke Avenue and has an exclusive entrance off of each street. Mr. Hanson reviewed the measurements of the exterior wall signs allowed in the C- CBD Zoning District, which are outlined in his July 24, 2002 planning report. He also indicated the type of signs .that are proposed to be installed on this building, which are also .outlined in his July 24, 2002 planning report. All exterior wall signs facing Holyoke Avenue must be projecting signs. Mr. Hanson indicated that each of the signs shall require a sign permit issued by the City of Lakeville and must also receive the landlords written approval prior to a sign being installed on the building. 'He also stated that all new signs, or replacement signs must be reviewed by staff to determine if the sign is consistent with the approved comprehensive sign plan and the Sign Ordinance. Mr. Hanson stated that the Zoning Ordinance requires all dumpsters located outside on properties in the C-CBD District to be stored indoors or screened from neighboring properties and public rights of way. Mr. Hanson indicated that staff inspected Mr. Borg's site and noted that there was not enough space for the dumpster to be located in back of the building without encroaching onto other properties or into public right-of-way. Mr. Hanson stated that consistent with past practice of eliminating non-conformities as part of a Planning Commission Meeting August 15, 2002 Page 4 • . planning action, staff recommends that the property owner move the dumpster indoors in compliance with Zoning Ordinance requirements. Mr. Hanson stated that should the Planning Commission recommend to City Council approval of the Comprehensive Sign Plan, Planning Department staff recommends approval subject to the 2. stipulations listed in the July 24, 2002 planning report. Chair Wulff opened discussion to the Planning Commission. Commissioner Grenz wanted staff to check with the Fire Marshall to see if it was safe to store: the dumpster inside the building. Commissioner Swecker asked- how the garbage company would access the dumpster. Mr. Hanson indicated that it would have to be taken outside for pick- up. Mr. Borg indicated that he has a 13" above ground level step at the entrance to his back door. That space is occupied by himself and he does not. want the dumpster inside the building. • The Planning Commission was very reluctant to have the dumpster stored inside. Mr. Borg's building due to fire safety. They want staff to research if there would be sufficient right-of-way left if they vacate a portion of the alley. The City. Attorney- . suggested an encroachment agreement as a possible solution. The Planning Commission agreed with Mr. Borg's Comprehensive Sign Plan. They concurred that staff work with Mr. Borg to come up with a viable solution for screening the dumpster prior to' consideration of the Comprehensive Sign Plan by the City Council 02.95 Motion by Drotning, Second by Swecker to recommend to City Council approval of the proposed Comprehensive Sign Plan for amulti-tenant commercial building, located at 20908 Holyoke Avenue, subject to the 2 stipulations listed in the July 24, 2002 planning report. Ayes: Wulff, Larson, Grenz, Drotning, Stolte, Swecker. Nays: 0 ITEM 8. ROBERT POSTHUMUS Chair Wulff opened the public hearing to consider the application of Robert Posthumus for a Conditional Use Permit Amendment to allow the .construction of more than one detached accessory building in the RA, Rural/Agricultural District, Planning Commission Meeting August 15, 2002 Page 5 located at 12295197 Street. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with state statutes and City Code. Robert Posthumus was in attendance at tonight's meeting to answer any questions the Planning Commission or public may have. Regarding Stipulation 8, he asked staff if there had been any code changes for private sanitary sewer systems since his house was built. Mr. Morey suggested he talk with the City's Plumbing Inspector regarding this issue. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey indicated that Mr. Posthumus is proposing to construct one 1,728 square foot storage building and two 384 square foot horse shelters on his 10.55 acre lot, in the RA, Rural/Agriculture District. The existing house was constructed in 1994. The house includes an existing two-stall attached garage. Mr. Dempsey stated that the proposed storage building will be 18.5 feet in height and will be constructed to the north and west of the existing house and 95 feet from the .existing horse barn. He indicated that the storage building would be accessed from an extension of the existing driveway. . Mr. Dempsey stated that the storage building is to be used for storage of personal vehicles, .personal equipment and other personal property. This building will match the color of the horse barn. Mr. Dempsey stated that the two horse shelters will be located 110 feet east of the existing horse barn. These two. buildings will be 11 feet in height and will match the dark brown color of the existing horse barn. Mr. Dempsey indicated that the Posthumus property is well screened from 197 Street. The proposed buildings will be screened and setback a significant distance from public right-of-way and adjacent properties. He stated that 197 Street is an unimproved road with a future minor collector classification and planned overland pedestrian trail.. A Fifty-five foot roadway easement was dedicated by the Posthumus property when the property was administratively subdivided in 199E No additional roadway easement. is needed at this time. Mr. Dempsey stated that the property is not served. with City sanitary sewer. The existing private sanitary sewer system was installed in 1994 when the house was constructed. He indicated that consistent with the stipulation of other similar CUP's, the private sanitary sewer. system will be required to be inspected for compliance with current code, and it must be brought into compliance if it doesri t comply. Planning Commission Meeting August 15, 2002 Page 6 Mr. Dempsey described the screening of the proposed storage building and the smaller horse shelters, as indicated in his August 9, 2002 planning report. No additional landscape screening will be required. Mr. Dempsey outlined the criteria that must be considered for a CUP for an oversized accessory building, which is listed in his August 9, 2002 planning report. The provisions have been considered and are determined to have been. satisfactorily met. Consistent with other previous CUP's approved on large parcels of property, Mr. Dempsey stated that a stipulation of the CUP will .require that the accessory buildings be removed if the property is subdivided in the future. Mr. Dempsey stated that should the Planning Commission recommend to City Council approval of Robert Posthumus's Conditional Use Permit Amendment, Planning Department staff recommends the 9 stipulations listed in the August 9, 2002 planning report,. and approval of the Findings of fact, dated August 15, 2002. Chair Wulff opened the hearing to the public for comment. • There were no comments om the audience. 02.96 Motion by Swecker, Second by Grenz to close the public hearing at 6:30 p.m. Ayes: Larson, Grenz, Drotning, Stolte, Swecker, Wulff. Nays: 0 Commissioner Larson asked about Stipulations 4 and 8. Mr. Morey indicated that staff wants to be sure that the accessory building does not become a living quarters. Also, whenever there is a planning action, the City takes that opportunity to be sure that the property is in compliance with today's regulations. If the private sanitary sewer. system is not in compliance, it will have to be brought into compliance with current codes and ordinances. Commissioner Drotning questioned whether Stipulation 6 was needed regarding "No home occupations are permitted...." Mr. Dempsey stated that staff includes this stipulation in the conditional use permit because it is recorded against the property, so if there is a change in ownership, the new owner would be notified of this. requirement through the recorded conditional use permit document. Planning Commission Meeting August 15, 2002 Page 7 Commissioner Drotning indicated that the City's intent should be clear and suggested that the words "home occupations" be changed to "business .activities," or something similar. Assistant City Attorney Poehler indicated. that this wording .would not be a problem. Commissioner Grenz asked for clarification of the number of horses Mr. Posthumus has on his property. Mr. Posthumus indicated that he has 4 horses that he boards and 3 that he owns. Mr. Morey indicated that if the Planning Commission agrees, Stipulation 6 could be reworded as follows: "Use of the accessory buildings shall not violate Zoning. ordinance requirements (i.e. business activities, home occupations). 02.97. Motion by Stolte, Second by Drotning to recommend to City Council approval of the Robert Posthumus Conditional Use Permit Amendment to allow the construction of more than one detached accessory building in the RA, Rural/Agricultural District, located at 12295 197 Street, subject to the 9 • stipulations listed in the August 9, 2002 planning report, as amended, and approval of the Findings of Fact dated August 15, 2002. Ayes: Grenz, Drotning, Stolte, Swecker, Wulff, Larson. Nays: 0 ITEM 9. PRESTON DROGEMULLER Chair Wulff opened the public hearing to consider the application of Preston Drogemuller for a Conditional Use Permit to allow the construction of a detached accessory building, which would result in a total accessory building area greater than 656 square feet and a height greater than 15 feet in the RM-1, Medium Density Residential District, located. at 7825 202nd Street. Assistant City Attorney Poehler attested that the -legal notice had been duly published in accordance with state statutes and City Code. Preston Drogemuller was in attendance at tonight's meeting to answer any questions the Planning Commission or public may have. He gave an overview of his project. Mr. Drogemuller stated that he wanted it clarified that just because he will be installing three horse stalls in his new accessory building, he may have more than 3 horses, consistent with Zoning Ordinance requirements. Planning Commission Meeting August 15, 2002 Page 8 Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Preston Drogemuller has submitted an application for a conditional use permit (CUP) to allow the construction of a detached accessory building on his property located at 7825 202nd Street. He indicated that the Drogemuller house was constructed in 1990 on a 10 acre metes and bound"s described parcel in the RM-1, Medium Density Residential District. Mr. Dempsey stated that the property is served with a private sanitary sewer system. Also, there are no detached accessory buildings currently located on the property. The existing attached garage is 576 square feet in area. Mr. Dempsey indicated that the proposed new horse barn accessory building would be 2,184 square feet in area and 19 feet in height and would be constructed to the north and west of the existing house. The total accessory building area on the property would be 2,760 square feet, which exceeds the 656 square feet of area and 15 feet of height permitted in the RM-1 District. Mr. Dempsey. stated that the horse barn would. be located approximately 362 feet from the 202nd Street right-of-way. The accessory building would be accessed from an unpaved extension of the. existing driveway and will be located 182.3 feet from the north (rear) property line and 201.3 feet from the west (side) property line. Mr. Drogemuller proposes to use the accessory building space to keep horses and for storage of .yard maintenance equipment and other personal property. Mr. Dempsey indicated that the Zoning Ordinance allows horses to be kept within any zoning district. Up to one horse per acre on a minimum 2~/~ acre parcel is permitted. He stated that the accessory building will have three horse stalls in the building. Mr. Dempsey stated that the Drogemuller property is within the 2010 MUSA, which means that City sanitary sewer is not anticipated to be available to the property until after 2010. Mr. Drogemuller recently had the private septic system inspected to determine if it was in compliance with current code requirements. Mr. Dempsey stated that the private inspector determined that the septic system did not .comply, so Mr. Drogemuller has begun the work to replace the. old septic system with a compliant system. Consistent with similar, approved CUP's, staff recommends that the detached accessory building be removed from the property as a stipulation of any future subdivision of the property. • Mr. Drogemuller has agreed to dedicate additional roadway easement for 202na Street (CR 64), which, Mr. Dempsey indicated, is designated as ahigh-density Planning Commission Meeting August 15, 2002 Page 9 minor arterial roadway in the City's Transportation Plan. Mr. Drogemuller's survey identifies a 75-foot roadway easement dedication west of the existing hedge- . .row to the west property line and a 55 foot roadway easement dedication in front of the hedge-row to the east property line. Mr. Dempsey outlined.. the criteria that must be considered for a .CUP for an oversized accessory building, which is listed in his August 9, 2002 planning report. The provisions have been considered and are determined to have been satisfactorily met. Mr. Dempsey stated that should the Planning Commission recommend to City Council .approval of Preston Drogemuller's Conditional Use Permit, Planning ..Department staff recommends the 8 stipulations listed in the August 9, 2002 planning. report, and approval of the Findings of Fact, dated August 15, 2002. Chair Wulff opened the hearing to the public for comment. There were no comments from the audience. 02.98 Motion by Swecker, Second by Drotning to close the public hearing at 6:50 p.m. Ayes: Drotning, Stolte, Swecker, Wulff, Larson, Grenz. Nays: 0 The Planning Commission requested Stipulation 7 be amended, as in the previous agenda item, to read "Use of the accessory building shall not violate Zoning Ordinance requirements (i.e. business activities, home occupations)." Commissioner Grenz asked if there would be any water service to the proposed building, and if so, recommended a stipulation specifying what the water is to be used for. Mr. Drogemuller indicated that yes he would have running water inside the building to water the horses. Mr. Morey indicated that staff is more concerned about not having sanitary sewer hooked up to the building so the building could not be converted in the future to living space. Mr. Rubash stated that in order for Mr. Drogemuller to get. his building permit, the proposed water service would be reviewed and would have to comply with the Plumbing Code, so it wouldn't be necessary to add this as a stipulation. 02.99 Motion by Swecker, Second by Drotning to recommend to City Council approval of Preston Drogemuller's Conditional Use Permit to allow the construction of a Planning Commission Meeting .August 15, 2002 Page 10 • detached accessory building which would .result in a total accessory building area greater than 656 square .feet and a height greater than 15 feet in the RM-1, Medium Density Residential District, located at 7825 202nd Street, subject to the 8 stipulations listed in the August 9, 2002 planning report, as amended, and approval of the Findings of Fact dated August 15, 2002. Ayes: Stolte, Swecker, Wulff, Larson, Drotning. Nays: Grenz -His reason being he felt a stipulation should be added as to what the water service will be used for in the proposed accessory building. ITEM 10. AIRLAKE DEVELOPMENT SIXTH ADDITION Chair Wulff opened the public hearing to consider the application of Airlake Development, Inc. for a Preliminary and Final Plat of two (2) lots on one (1) block on approximately 22 acres of land to be known. as Airlake Development Sixth 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 and Bill Black, local manager of Boise Cascade, were in attendance at tonight's meeting to answer any questions the Planning Commission or public may have. Mr. Black distributed some informational brochures about Boise Cascade. He indicated that they are a wholesale, not retail operation and they need to be on a rail line. Associate Planner Ron Mullenbach presented the planning report. Mr. Mullenbach stated that APPRO Development, representing Airlake Development, has submitted applications for. the preliminary and final plat of two lots on one block to be known as Airlake Development Sixth Addition. He indicated that the subject.., property consists of 21.55 acres of land, which was final platted earlier this year as Outlot A, Airlake Development Fifth Addition, and is zoned I-1, Limited Industrial District. Mr. Mullenbach stated that the Airlake Development Fifth Addition development contract includes securities to guarantee the removal or abandonment of all existing improvements on the parent parcel, such as field drives, septic systems, and wells. Mr. Mullenbach indicated that the Airlake Development Sixth Addition preliminary and final plat plans also include a site plan for a proposed Boise Cascade office, warehouse and building materials distribution facility on Lot 2, Block 1. . The Airlake Development Sixth Addition preliminary and final plat plans have been distributed to the Parks, Recreation and Natural Resources Committee and Planning Commission Meeting August 15, 2002 Page 11 their comments. have been distributed to the Planning Commission at tonight's meeting. Airlake Development, Inc. has previously satisfied the park dedication requirements for the parent parcel with a cash contribution. The preliminary and final plat plans have also been distributed to the Dakota County Plat Commission and their comments and approval were included in the August 9, 2002 planning report. Mr. Mullenbach stated that. both Lot 1 and Lot 2, Block 1 of the preliminary and final :plat greatly exceed the minimum lot requirements of the I-1, .Limited Industrial District. Mr. Mullenbach stated that the Airlake Development Sixth Addition preliminary and final plat abuts CSAH 70 onus north side. CSAH 70 is designated as a high- density minor arterial in the City's Transportation Plan and is proposed to ultimately be constructed as a four-lane divided roadway. He indicated that full turn lane improvements on CSAH 70 at Holyoke Avenue will be made as part of this development. Mr. Mullenbach indicated that full access to CSAH 70 is proposed at a .shared . private drive aligned with Holyoke Avenue on the north side of CSAH 70. The proposed driveway location meets Dakota County Access Spacing Guidelines for a four-lane divided roadway. He stated that the proposed shared private drive is preferable to a public cul-de-sac for maintenance reasons. Mr. Mullenbach stated that the preliminary and final plat. plans identify the extension of rail over Lot 1 and Lot 2, Block 1. The proposed rail layout provides an opportunity in the future for extension of rail through the Dick's Sanitation site to serve the Ruddle property to the west. Mr. Mullenbach stated that Boise Cascade is proposing to construct a 72,000 square foot office/warehouse building with accessory outdoor storage of building materials on Lot 2 of the final. plat. The office/warehouse building is a permitted use and the accessory .outdoor storage is a permitted accessory use in .the I-1, Limited Industrial District. Mr. Mullenbach reviewed the Boise Cascade site plan in detail in his August 9, 2002 planning report. He indicated .that the setbacks are in compliance with the I-1 District requirements. Mr. Mullenbach stated that, based on the uses identified by the applicant, the . office/warehouse building requires a total of 82 parking spaces. -The site plan identifies a total of 48 parking spaces of the 82 required. He indicated that a Planning Commission Meeting August 15, 2002 Page 12 maximum of 50 percent of the required parking may be deferred with the approval of a parking deferment agreement. The developer has submitted a parking deferment plan that identifies the potential build-out of the 82 required parking spaces. A signed parking deferment agreement must be submitted prior to issuance of a building permit for the Boise Cascade building. Mr. Mullenbach indicated that Boise Cascade is proposing outdoor storage of building materials within an enclosed and screened outdoor storage area on the south side of the property. Truck traffic will enter and exit the outdoor storage area off the southerly extension of the hared private drive. Mr. Mullenbach indicated that outdoor storage is allowed as an accessory use in the I-1 District. The outdoor storage area is screened from CSAH 70 by the building and a landscaped berm. Mr. Mullenbach stated that should the Planning Commission recommend to City Council approval of Airlake Development Sixth Addition Preliminary and Final Plat, Planning Department staff recommends the 11 stipulations listed in the August 9, 2002 planning report. . Chair Wulff opened the hearing to the public for comment. • There were no comments from the audience. 02.100 Motion by Drotning, Second by Stolte to close the public hearing at 7:10 p.m. Ayes: Swecker, Wulff, Larson, Grenz, Drotning, Stolte. Nays: 0 Commissioner Grenz asked if there is any manufacturing that will be done at the .Boise Cascade site. Mr. Black indicated there only would be what he calls "remanufacturing" at the Lakeville .site, i.e. cutting larger stock in half prior to distribution. Commissioner Drotning indicated that he thought. APPRO Development had come up with a very nice landscape plan, but he thought there should be trees adjacent to the future T-shed. Mr. Matasosky stated that there had been extensive discussion with the Boise Cascade corporate office and indicated that it was a practical issue not to put trees at this location due to maneuvering of 60 foot long materials'stored in this .area. Mr. Matasosky indicted that they could put up a slatted chain .link fence, if required. It was agreed that since Airlake Development owns the adjacent parcel (Lot 1, Block 1), they will include the trees when that parcel develops. Planning Commission Meeting August 15, 20Q2 Page 13 02.101 Motion by Stolte, Second by Drotning to recommend to City Council approval of the Airlake Development Sixth Addition Preliminary and Final Plat of two (2) lots on one (1) block on approximately 22 acres of land, subject to the 11 stipulations listed in the August 9, 2002 planning report. Ayes: Wulff, Larson, Grenz, Drotning, Stolte, Swecker. Nays: 0 Break at 7:20 p.m. Reconvened at 7:35 p.m. ITEM 11. SOLrrHFORK ANIMAL HOSPITAL Chair Wulff opened the public hearing to consider the application of Craig and Paula Albright for a Conditional Use Permit to allow the construction of a veterinary clinic in the- C-3, General Commercial District, located west of Junelle Path and north of 175 Street.. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with state statutes and City Code. Crai Albri ht, alon with Jack Matasosk and Jim Connelly from APPRO g g g Y Development, and Grant Jacobson from Jacobson Engineers and Surveyors were in attendance at tonight's meeting to answer any questions the Planning Commission or public may have. Mr. Matasosky gave an overview of the project. Associate Planner Ron Mullenbach presented the planning report. Mr. Mullenbach stated that Craig and Paula Albright of Southfork Animal Hospital are requesting a conditional use permit (CUP) to allow the construction of an approximately 4,100 square foot veterinary clinic on property located west of Junelle Path and north of 175 Street. He indicated that the project area includes an existing metes and bounds description parcel currently owned by Paul Krause that is proposed to be administratively subdivided into two parcels, with the Southfork Animal Hospital locating on the southerly parcel. Veterinary clinics are allowed by CUP in the C-3 District. Mr. Mullenbach stated that Mr. and Mrs. Albright are proposing to move their existing business, which is located within Kenwood Center at 17761 Juniper Path, to this new location. The .project is exempt from the I-35/C.R. 50 interchange commercial development moratorium because the. CUP application was submitted prior to the City Council enacting the moratorium. • Planning Commission Meeting August 15, 2002 Page 14 • Mr. Mullenbach stated that Parcel A and Parcel B of the proposed administrative subdivision exceed the minimum lot requirements of the C-3 District. Mr. Mullenbach stated that the proposed site and building plans are in compliance with the Zoning Ordinance related to setbacks, parking, and exterior building materials. The applicants have submitted information indicating compliance with the Zoning Ordinance performance standards for veterinary clinics. Mr. Mullenbach stated that should the Planning Commission recommend to City Council approval of the Conditional Use Permit to allow the construction of a veterinary clinic in -the C-3, General Commercial District, Planning Department staff recommend the 9 stipulations listed in the August 9, 2002 planning report, and approval of the Findings of Fact, dated August 15, 2002. Chair Wulff opened the hearing to the public for comment. There were no comments from the audience. 02.102 Motion by Swecker, Second by Grenz to close the public hearing at 7:40 p.m. • Ayes: Larson, Grenz, Drotning, Stolte, Swecker, Wulff. Nays: 0 The Planning Commission indicated that they were very concerned about a new building being constructed in the I35/C. R. 50 interchange moratorium area, when there has not been any decisions made yet as to proposed infrastructure improvements in that area. Chair Wulff commented that she agrees they have the right to construct the building in this location, but is concerned about the impact it may have on the interchange design. Commissioners Drotning and Stolte asked about the number of future driveways on Junelle Path, which will become the new frontage road when the interchange improvements are made. Mr. Mullenbach stated that staff has required a shared drive between the two proposed parcels to reduce the overall number of driveways on Junelle Path. Community & Economic Development Director David Olson explained that there would be no more buildings constructed in the I35/C.R. 50 interchange moratorium area while the moratorium is in place. SRF, the consulting firm working on the I-35/C.R. 50 interchange study, are looking at roadway • improvement options for this area. The next step will be to meet with property owners in the moratorium area to present the options. Planning Commission Meeting August 15,.2002 Page 15 Commissioner Puncochar wanted the' applicant to be aware that access to the site could be limited. to right-in/right-out only, depending on the final design of the interchange area and Junelle Path. Commissioner Drotning asked if soil tests had been done in this area. Mr. Connelly indicated that their soil tests indicate. the soil is suitable for the proposed improvements. 02.103 Motion by Drotning, Second by Stolte to recommend to City Council approval of the Conditional Use Permit to allow the construction of a veterinary clinic in the C- 3, General Commercial District, located west of Junelle Path and north of 175 Street, subject to the 9 stipulations listed in the August 9, 2002 planning report, and approval of the Findings of Fact, dated August 15, 2002. Ayes: Grenz, Drotning, Stolte, Swecker, Wulff, Larson. Nays: 0 ITEM 12. MORGAN SQUARE • Chair Wulff opened the public hearing to consider the application of James Allen to rezone property from RM-1, Medium Density Residential District to PUD, Planned Unit Development, and. consider the final plat of 36 townhouse unit lots, 4 common lots and 6 Outlots. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with state statutes and City Code. The applicants, James .Allen and Sharon Allen, were in attendance at tonight's meeting, along with project engineer Steve Albrecht from Bolton and Menk, to answer any questions the Planning Commission or public may have. Mr. Albrecht presented an overview of the final plat and outlined the changes that have occurred since the preliminary plat was reviewed by the Planning Commission on June 20, 2002. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Mr. James Allen, representing Morgan Square, LLC, has submitted an application for the final plat of Morgan Square, which consists of 36 attached townhouse unit lots, 4 common area lots, and 6 outlots on land located south of 205 Street, north of 210 Street (CSAH 70), and west of Keokuk Avenue and Lakeville Theatre. He indicated that the Morgan Square final plat represents the first phase of the two phase, 76 attached townhouse unit. preliminary plat approved by the City Council on July 15, 2002. • Planning Commission Meeting August 15, 2002 Page 16 • Mr. Dempsey stated that in conjunction with the. final plat and consistent with the Planning Commission's recommendation of approval for the Morgan Square preliminary. plat, the developer has submitted an application to rezone the property included in the preliminary plat (i.e. Lots 1-20, Block 1; Lots 1-20, Block 2; and Outlots A-E) to PUD, Planned Unit Development. Mr. Dempsey explained that the preliminary plat was revised from the initial plans submitted by the developer based ;upon recommendations from the Planning Commission and staff related to the design of proposed .Morgan Avenue as a collector street within an 80 foot right-of-way instead of as a local street within a 66 foot right-of-way as originally proposed. Mr. Dempsey stated that the developer was willing to increase the Morgan Avenue right-of-way as .recommended by staff and the Planning Commission provided he did not lose any townhouse units. In recommending approval of the preliminary plat, the Planning Commission expressed their support for a PUD rezoning instead of a variance in conjunction with the Phase 1 final plat to allow a guest parking setback reduction from 30 feet to 20 feet to accommodate the increased right-of-way with no loss of units. Mr. Dem se stated that Mor an Avenue will be constructed to a minor collector p y g design with a 36 foot street width and 5 foot concrete sidewalks on both sides within an 80 foot right-of-way. In addition, Mr. Dempsey stated that "No Parking" signs will be installed on both sides of Morgan Avenue, which will include a temporary turnaround on the south end until it is extended to the south to intersect with realigned Keokuk Avenue when Outlot F develops. Mr. Dempsey stated that the City has expressed a willingness to favorably consider rezoning the property between the future realignment of Keokuk Avenue and County Road 70 from RM- 2, Medium Density Residential District to C-3, General Commercial District consistent with the adjacent parcels in Lakeville Commerce Center to the east when Outlot F is final platted into, lots and blocks. Mr. Dempsey indicated< that the owner of the property, Lakeville Land, Ltd., has agreed to sell to James Allen, the 20 feet of additional right-of-way of County Road 70 to be dedicated with .the Morgan Square final plat. The 20-foot right-of-way dedication along County Road 70 addresses the recommendation of the Dakota County Plat Commission. Mr. Dempsey indicated that 205 Street, which is currently a 24-foot wide rural section roadway, is designated as a major collector in the city's Transportation Plan. The developer will construct aleft-turn lane and by-pass lane for west bound 205 Street traffic and aright-turn lane for east bound 205 Street traffic in existing 205 Street right-of-way. He stated that a temporary grading easement will be required from the property owner to the north to construct the 205 Street improvements. Planning Commission Meeting August 15, 2002 Page 17 Mr. Dempsey stated that the Parks, Recreation and Natural Resources Committee recommended a cash contribution to satisfy the park dedication requirement at their August 14, 2002 meeting. Mr. Dempsey reviewed the RM-1 District Standards, which are listed in the August 9, 2002 planning report. Mr. Dempsey stated that the developer has submitted a landscape plan with the final plat. He indicated that the Zoning Ordinance and Subdivision Ordinances require the installation of a landscaped buffer screen adjacent to major collector 205 Street. The landscape plan proposes the installation of 35 six-foot tall Black Hills Spruce trees adjacent to the ponds proposed on the south. side of 205 Street. Landscaping is also proposed along Morgan Avenue and adjacent to the townhouse buildings. Mr. Dempsey indicated that the documentation provided by the developer with the Morgan Square final plat indicates that the estimated project value for both phases of the Morgan Square. development are in compliance with Zoning Ordinance requirements. Mr. Dempsey. stated that should. the Planning Commission recommend to City • Council approval to .rezone property from RM-1, Medium Density Residential District to PUD, Planned Unit Development, and approval of the final plat of 36 townhouse unit lots, 4 common lots and 6 Outlots, Planning Department staff recommends the 17 stipulations listed in the August 9, 2002 planning report, and approval of the Findings of Fact, dated August 15, 2002. Chair Wulff opened the hearing to the public for comment. There were no comments from the audience. 02.104 Motion by Swecker, Second by Grenz to close the public hearing at 8:05 p.m. Ayes: Drotning, Stolte, Swecker, Wulff, Larson, Grenz. Nays: 0 Commissioner Swecker confirmed the area proposed to be rezoned to PUD, Planned Unit Development. 02.105 Motion by Swecker, Second by Drotning to recommend #o City Council approval to rezone property from RM-1, Medium Density Residential District to PUD, Planned Unit Development, and approval of the final plat of 36 townhouse unit • lots, 4 common lots .and 6 Outlots to be known as Morgan Square, subject to the 17 Planning Commission Meeting August 15, 2002 Page 18 stipulations listed in the August 9, 2002 planning report, and approval of the Findings of Fact, dated August 15, 2002. Ayes: Stolte, Swecker, Wulff,. Larson, Grenz, Drotning. Nays: 0 ITEM 13. HERITAGE WALK Chair Wulff opened the public hearing to consider a Comprehensive Plan Amendment to bring 0.20 acres of land currently within the Metropolitan Urban Service Area (MUSA) Expansion Area B into the current MUSA Boundary to allow the connection of an existing single family home to the municipal sanitary sewer system, located at 20182 Highview Avenue, and consideration of the final plat of 148 townhouse unit lots, 4 common lots, and 4 outlots, to be known as Heritage Walk. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with state statutes and City Code. Kelly Murray from Wensmann Realty, Inc. was in attendance at tonight's meeting to answer any questions the Planning Commission or public may have. Associate Planner Ron Mullenbach resented the plannin re ort. Mr. Mullenbach P g P stated that Planning Department staff is requesting consideration of an amendment to the Comprehensive Plan that would bring approximately 0.20 acres of land currently within. MUSA Expansion Area B into the current MUSA. He indicated that the proposed amendment .would allow the existing Kristina Berres home, located at 20182 Highview Avenue, to be connected to City sanitary sewer service as part of the Heritage Walk final plat improvements. Mr. Mullenbach stated that Kristina Berres owns an approximately 5.0 acre parcel at the northeast corner of .Highview Avenue and 202nd Street. Wensmann Realty has negotiated with Ms. Berres for the acquisition of right-of-way necessary to facilitate the upgrade of Highview Avenue in conjunction with the Heritage Walk development. In return for the deeded right-of-way, Mr. Mullenbach indicated that Wensmann Realty agreed to, among other items, connect the existing home to public sanitary sewer and water. Mr. Mullenbach stated that City staff has agreed to process a comprehensive plan amendment that would bring the home into the current MUSA and allow it to be connected to public sanitary sewer and water, pursuant to the agreement between Wensmann Realty and Kristina Berres. He stated that with final acceptance of the • proposed Heritage Walk public improvements, the Berres property will be served by the public sanitary sewer and water systems. The MUSA amendment is Planning Commission Meeting August 15, 2002 Page 19 • necessary to allow for the connection of the existing home to the public sanitary sewer and water systems when they become available. Mr. Mullenbach stated that the MUSA amendment request proposes to bring the minimum amount of land necessary to include the existing home in the current MUSA. The remaining portion of the parent parcel would remain within MUSA Expansion Area B. Mr. Mullenbach indicated that the Heritage Walk final .plat plans are being processed simultaneous to the Comprehensive Plan Amendment request. Mr. Mullenbach stated that should the Planning Commission recommend to City Council approval of the Berres MUSA Amendment, Planning Department staff recommend the 3 stipulations listed in the August 9, 2002 planning report, and should the Planning Commission recommend to City Council approval of the Heritage Walk final plat, Planning Department staff recommend the 19 stipulations listed in the August 9, 2002 planning report. Chair Wulff opened the hearing to the public for comment. . fi" • There were no comments om the audience. 02.106 Motion by Drotning, Second by Swecker to close the public hearing at 8:15 p.m. Ayes: Swecker, Wulff, Larson, Grenz, Drotning, Stolte. Nays: 0 Chair Wulff asked staff if the existing Kristina Berres house would be removed with the widening of 202nd Street. Mr. Mullenbach explained that the house could remain with the widening of 202nd Street, but the age of the home may determine its removal. Commissioner Grenz asked if any of the driveway accesses on Highview Avenue had been removed since the Heritage Walk preliminary plat was approved. Mr. Mullenbach stated that the number of driveways on Highview Avenue remains the same as proposed on the approved preliminary plat. Commissioner Swecker stated that she now considers the future extension of Highview Avenue to not be a negative factor with respect to the proposed driveways onto Highview Avenue. Planning Commission Meeting August 15, 2002 Page 20 02.107 Motion by Drotning, Second by Larson. to recommend to City Council approval of a Comprehensive Plan Amendment to bring 0.20 acres of land currently within the Metropolitan Urban Service Area (MUSA) Expansion Area B into the current MUSA`Boundary to allow the connection of an existing single family home to the municipal sanitary sewer system, located at 20182 Highview Avenue, subject to the' 3 stipulations listed in the August 9, 2002 planning report, and approval of the final plat of 148 townhouse unit lots, 4 common lots, and 4 outlots, to be known as Heritage Walk, subject to the 19 stipulations listed in the August 9, 2002 planning report. Ayes: Wulff, Larson, Drotning, Stolte, Swecker. Nays: Grenz -His reason being he didn't like the driveway accesses on Highview Avenue. ITEM 14. SHADY OAK GROVE Chair Wulff opened the public hearing to consider the application of Jerome -Craig Homes for a Preliminary and Final Plat 21 single family lots to be known as Shady Oak Grove. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with state statutes and City Code. • a Hult ren from erome - Crai Homes and Wa ne Lamoreaux from Pioneer JY g J g Y Engineering were in attendance at .tonight's meeting to answer any questions the Planning Commission or public may have. Mr. Lamoreaux presented an overview of the preliminary and final plat of Shady Oak Grove. Planning Director Daryl Morey presented the planning report. Mr. 'Morey stated that Jeff Hultgren, representing Jerome-Craig Homes, has submitted applications for the preliminary and final plat of Shady Oak Grove, which consists of 21 single family lots and 5 outlots on 14.9 acres of land located south of 185 Street and west of Ipava Avenue. He indicated that the subject property consists of two metes and bounds description parcels as well as Outlot A, Spring Hill Second. The development of single family lots on Outlot A, Spring Hill Second in conjunction with the Shady Oak Grove development was shown conceptually on the approved Spring Hill preliminary plat. Mr. Morey stated that the subject property is currently zoned PUD, Planned Unit Development. The preliminary and final plat has been designed to RS-3, Single Family Residential District lot standards for this development. Mr. Morey indicated that there is asingle-family home with a long driveway access to 185 Street located within the subject property boundaries. This single-family home will remain and will. be located within one of the platted lots in Shady Oak Planning Commission Meeting August 15, 2002 Page 21 i Grove. The existing driveway and access to 185 Street will be removed and a new driveway will be .constructed to access Irvine Lane. He indicated that the existing house must be connected to City sanitary sewer and water as part of the Shady Oak Grove development and the existing septic system and well must be removed/abandoned in compliance with federal, state and county requirements. Mr. Morey indicated that the figures provided for lot area, width and depth, which are shown on the preliminary plat of Shady Oak Grove meet or exceed the requirements for the RS-3 District. He also indicated .that the building setbacks for " the RS-3 District are being met for all 21 lots. Mr. Morey stated that the Shady Oak Grove preliminary and final plat proposes five outlots. Outs A, C, and E will be deeded by the developer to the City with the Shady Oak Grove final plat. The developer will retain ownership of Outlots B :and D. Mr. Morey stated that the Shady Oak Grove preliminary and final plat abuts 185 Street (C.S.A.H. 60), which is designated as ahigh-density minor arterial roadway in the City's Transportation Plan. The Dakota County Plat Commission is • recommending approval of Shady Oak Grove preliminary and final plat. Mr. Morey stated that the development of Shady Oak Grove includes the construction of two local streets. Irvine Trail will be extended west from the Spring Hill development and will be stubbed at the west boundary of the preliminary and final plat. Irvine Lane extends south of Irvine Trail -and curves back to the north. An eyebrow cul-de-sac with a 60-foot radius is located on the south side of Irvine Lane. Mr. Morey indicated that the developer must install a temporary turnaround on the north end of Irvine Lane until the street is extended with the future development of the adjacent property. No building permit will be issued for Block 2, Lot 8 until the temporary turnaround is removed. Mr. Morey stated that the Zoning and Subdivision Ordinances require the installation of a berm/landscape screen in the buffer yard area of the two lots that abut 185 Street. He indicated that the developer is proposing to utilize existing trees as the buffer yard screen to the greatest extent possible. Mr. Morey stated that the preliminary and final plat plans have been forwarded to the Dakota County Soil and Water Conservation District for review. A letter from them with their recommendations for erosion .control was distributed to the Planning Commission at tonight's meeting. Planning Commission Meeting August 15, 2002 Page 22 Mr. Morey stated that there are two wetlands located within the preliminary and final plat boundaries. The developer is proposing to fill wetland B located within Lots 3 and 4, Block 4. The developer is proposing to provide wetland mitigation adjacent to wetland basin A located within Outlot A. He indicated .that the proposed house pads for Lots 7 and 8, .Block 2 meet the 33-foot building setback requirement from the delineated edge of all saved wetland and mitigation areas. Mr. Morey stated that the 1999 Park, Trail & Open Space System Plan identifies a trail on the south side of 185 Street as a greenway trail corridor connection within the subject property. Mr. Morey indicated that the Parks,. Recreation and Natural Resources Committee recommendation related to the park dedication requirement for Shady Oak Grove from .their August 14, 2002 meeting was distributed at tonight's Planning Commission meeting. Mr. Morey stated that should the Planning Commission recommend to City Council approval of the Shady Oak Grove preliminary and final plat, Planning. Department staff recommend the 14 stipulations listed in the August 9, 2002 • planning report with a modification to stipulation number 11 to require a $2,000 landscaping security for Lots 1 and 2, Block 1. Chair Wulff opened the hearing to the public for comment. Kathleen Michalek, 9710 -185th Street West Her concerns were: ? Whether the City was going to make her develop her land. ? Was not interested in the streets coming through her land. ? Whether she had to connect to City sanitary sewer and water. Dick Sullivan, 9798 -185th Street West His concerns were: ? How many accesses will be allowed onto 185 Street. ? Too many trees are being removed. 02.108 Motion by Stolte, Second by Drotning to close the public hearing at 8:45 p.m. Ayes: ,Larson, Grenz, Drotning, Stolte, Swecker, Wulff. Nays: 0 In answer to Ms. Michalek's questions, Chair Wulff indicated thaf no roads will go through her property until they develop their land and the City does not force Planning Commission Meeting August 15, 2002 Page 23 anyone to develop their land. She also stated that they would be required to hook up to City sanitary sewer .within 2 years of its availability to their property. They may also choose to connect to City sanitary sewer in the future if their septic system fails. In answer to Mr. Sullivan s questions, regarding accesses onto 185th Street, Mr. Morey indicated thaf this is up to the County because 185th Street is a county road (60) and the County's access spacing guidelines must be met. He stated that 185th Street is designated as ahigh-density minor. arterial roadway .that will .likely include a median when it is upgraded by the County in the future. Commissioner Puncochar commented that trees have always been a concern of the Planning Commission. Development is landowner/developer driven, not City driven.. Commissioner. Puncochar asked if City staff considered Irvine Lane as a loop street. Mr. Morey indicated Irvine Lane will loop back to connect with Irvine Trail when the adjacent property develops. The shape of the parcel and the natural features dictate the street and lot configuration of the Shady Oak Grove plat. Commissioner Grenz asked' if this plat would be mass graded or custom graded. . He felt that custom grading would save additional trees. Mr. Lamoreaux indicated that the developer was encouraged by staff to mass grade the house pads and front yard areas. Mr. Rubash explained that this site is relatively flat and with the water table and drainage issues, it would be better to mass grade to ensure property storm water drainage is achieved. He also stated that if more than 2 feet of cut or fill is proposed, City policy requires mass grading. Mr. Morey stated that staff has to consider tree preservation and site drainage when reviewing residential plat requests. Mass grading was recommended by staff to prevent future drainage problems. Chair Wulff questioned whether the turnaround could be shortened at the end of Irvine Lane to save additional trees. Mr. Rubash stated that staff will work with the developer to determine if the turnaround could be pulled back slightly to save additional trees. Commissioner Drotning asked about public access to the greenway corridor trail in the Spring Hill developments. Mr. Morey indicated that public access to the trail is available in the Spring Hill development. Mr. Morey stated that a public access to the greenway corridor trail will be considered when the adjacent property to the west develops. Commissioner Drotning agreed that there needs to be connections i to the greenway. corridor within the neighborhoods as the properties develop. Planning Commission Meeting August 15, 2002 Page 24 Add the following wording to Stipulation 11: "A $2,000 landscaping security shall be submitted by the developer for Lots 1 and 2, Block 1." 02.109 Motion by Larson, Second by Stolte to recommend to City Council approval of the Preliminary and Final Plat of 21 single family lots to be known as Shady Oak Grove, subject to the 14 stipulations listed in the August 9, 2002 planning report, as amended. Ayes: Grenz, Drotning, Stolte, Swecker, Wulff, Larson. Nays: 0 There being no further business, the meeting was adjourned at 9:10 p.m. Respectfully submitted, Penny B evi ,Recording Secret ry ATTEST: Wendy Wulff, hair