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HomeMy WebLinkAbout03-22-01 CITY OF LAKEVILLE Planning Commission Meeting Minutes MARCH 22, 2001 The March 22, 2001 Planning Commission meeting was called to order by Chair Drotning in the City Hall Council Chambers at 6:00 p.m. Roll call of members was taken: Present: Michaud, Bellows, Kot, Drotning, Comer, Detjen, Grenz. Absent: Wulff, Ex-officio member Puncochar Staff Present: Robert Erickson, City Administrator; Arlyn Grossing, Director of Community and Economic Development; Daryl Morey, Assistant Community Development Director; Ron Mullenbach, Associate Planner; Tim Hanson, Assistant City Engineer; Roger Knutson, City Attorney; and Penny Brevig, Recording Secretary. The March 15, 2001 Planning Commission meeting minutes were approved as presented. ITEM 4: ANNOUNCEMENTS: Assistant Community Development Director Daryl Morey indicated that the following items were distributed to the Planning Commission members and staff before tonight's meeting: ? Motions from the March 20, 2001 Environmental Affairs Committee (EAC) meeting outlining heir recommendations for Century Ridge, Dodd Marsh Highlands, and Streefland Addition. ? Draft Minutes from the March. 21, 2001 Parks and Recreation Advisory Committee meeting outlining their discussion and recommendation on the Dodd Marsh Highlands preliminary plat. ? A letter from Welsh Companies regarding ISD #194/ Kenwood Center Conditional Use Permit extension. ? Revised copy of the Findings of Fact for the Streefland Addition Variance. ? RM-1/RST-2 Exterior Building materials requirements handout. ? Memorandum from Associate Planner Ron Mullenbach regarding the Dodd Marsh Highlands Public Hearing. ? Letters from citizens regarding TimberCrest'of Lakeville. ITEM 5. ISD 194 LATCH-KEY CUP EXTENSION Chair Drotning opened discussion for the consideration of an extension of Conditional use Permit No. 89-09 for ISD #194 to operate an adult basic education, Planning Commission Meeting March 22, 2001 Page 2 pre-school education, early .childhood family education, and child care facility in the Kenwood Center, located at 17749 Juniper Path. Mr. Peter Martin, Community School Coordinator for Independent School District No. 194 was in attendance and presented the request for an extension to Conditional use Permit No. 89-09. Mr. Martin stated that the adult basic education has moved out of the Kenwood Center, so this would ease parking demand. Assistant Community Development Director Daryl Morey presented an overview of the Planning Report regarding the extension to Conditional Use Permit No. 89-09 for ISD #194 to operate an adult basic education, pre-school education, early childhood family education, and child care facility in the Kenwood Center, 17749 Juniper Path. Mr. Morey stated that Mr. Peter Martin has submitted a letter requesting an extension to Conditional Use Permit No. 89-09. Mr. Morey indicated that CUP No. 89-09 was approved by the City` Council on May 15, 1989 to allow ISD No. 194 to begin operating this facility in the Kenwood Center.. Mr. Morey stated that an amendment to CUP No. 89-09 was approved by the City Council on August 5, 1991 to allow ISD No. 194 to expand. their operation into an adjacent. vacant bay of the Kenwood Center due to an increase in enrollments of the programs offered. On September 8, 1992, Mr. Morey indicated that a second amendment to CUP No. 89-09 was approved by the City Council, to allow ISD No.-194 to expand their operations into another adjacent vacant bay of the Kenwood Center. The expiration date for CUP No. 89-09 was extended to June 30,1997 to correspond with ISD No.194's new lease at the Kenwood Center. Mr. Morey stated that on September 16, 1999, the Planning Commission reviewed the request of ISD No. 194 to allow an extension of the CUP until June 30, 2001 which was the date of the expiration of the renewed lease between ISD No. 194 and Kenwood Center. On October 4, 1999, the City council approved an extension to CUP No. 89-09 to correspond with the June 30, .2001 lease. Mr. Morey indicated that ISD No. 194 is now requesting an extension of CUP No. 89-09 until July 1, 2006 to correspond with the new lease between ISD No. 194 and Kenwood Center.. Mr. Morey stated that the stipulations approved with CUP No. 89-09 and its 2 amendments will remain in full force and effect with this extension. Planning Commission Meeting March 22, 2001 Page 3 01.19 MOTION by Comer, Second by Kot to recommend to the City Council approval of an extension of Conditional Use Permit No. 89-09 for ISD #194 until July 1, 2006 to operate an adult basic education, pre-school, education, early childhood family education, and child care facility in the Kenwood Center, located at 17749 Juniper Path. Ayes: Bellows, Kot, Drotning, Comer, Detjen, Grenz, Michaud. Nays: 0. ITEM 6: CHURCH OF JESUS CHRIST OF LATTER-DAY-SAINTS CUP EXTENSION Chair Drotning opened discussion for consideration of the request of the Church of Jesus Chrisf of Latter-Day-Saints (LDS Church) for an extension to Conditional Use Permit No. 00-07 until May 20, 2002 on property located north of 185 Street and west of Kenwood Trail. Mr. Ed Kolman and Mr. Scott Notchman, church members were in attendance to answer any questions the Planning .Commission may have. Mr. Kolman stated that Kodet Architectural Group is expected to finish developing plans by the end of June. By the end of August or early September they plan to begin construction of the church. Assistant Community Development. Director Daryl Morey presented an overview of the Planning Report regarding the Church of Jesus Christ of Latter-Day-Saints (LDS Church) Conditional Use Permit extension request. Mr. Morey stated that the LDS Church has submitted a letter requesting an extension to Conditional Use Permit No. 00-07 that is set to expire on May 15, 2001. - This same letter states that the church plans to request bids in the Fall of 2001 for construction of the church in 2002 and is requesting that the Conditional Use Permit be extended for one year; however, Mr. Morey added that construction of the church may begin this year. Mr. Morey stated that the development agreement for Lakeway Park East Campus required Ghat the Kachina Court cul-de-sac street off of 185 Street be constructed by November 30, 2000. The church's only access is off of Kachina Court, which intersects with 185 Street. Kachina Court has not yet been constructed. Planning Commission Meeting March 22, 2001 Page 4 Mr. More indicated that staff has informed the develo er of Lakewa Park .East Y p Y Campus that Kachina Court must be constructed no later than November 30, 2001. Mr. Morey stated that the City is holding a letter of credit to guarantee construction of Kachina Court as required. A building permit will not be issued for the LDS Church until Kachina Court is constructed. Mr. Morey indicated that Community and Economic Development Department staff recommends approval of the extension of Conditional Use Permit No. 00-07 until May 20, 2002. Commissioner Grenz confirmed that the cul-de-sac has to be in place before construction begins for the LDS Church. Mr. Morey responded in the affirmative... Chair Drotning asked if Kochina Court could be extended to the north to intersect with Jurel Way, to be constructed with the proposed Kenwood Crossing plat. Mr. Morey stated that the Lakeway Park East Campus plat included two lots,. one for the church and one for a future corporate campus use in the northwest corner of Kenwood Trail/185th Street. Both lots .will utilize Kochina Court as their only public street access. The physical constraints (wetlands, steep slopes,.. etc.) of the site prohibit the northerly extension of Kochina Court... 01.20 Motion by Kot, Second by Michaud to recommend to the City Council approval of an extension of Conditional Use Permit No. 00-07 for the Church of Jesus Christ of Latter-Day-Saints until May 20, 2002, on property located north of 185th Street and west of Kenwood Trail. Ayes: Kot, Drotning, Comer, Detjen, Grenz, Michaud, Bellows. Nays: 0. ITEM 7: PUBLIC HEARING: CENTURY RIDGE Chair Drotning opened the Public Hearing for consideration of the application of Wensmann Realty, Inc. for the vacation of public drainage, utility, roadway, and pedestrian easements, on property located within the proposed Century Ridge plat, which is located east of Ipava Avenue and west of Dodd Boulevard (C.R. 9} at 190th Street. City Attorney Knutson attested that the legal notice had been duly published in accordance with state statutes. Ms. Kelly Murray from Wensmann Realty, Inc. was present to answer any questions the Planning Commission may have regarding the Century Ridge plat. Planning Commission Meeting March 22, 2001 Page 5 Assistant Communi Develo ment Director Dar 1 More resented the staff tY P Y Y P report regarding the application of Weissmann Realty, Inc. Mr. Morey stated that Weissmann has submitted a final .plat and final planned unit development plan application for the proposed Century Ridge plat, which consists of 108 townhouse lots, 3 common area lots, and 2 outlots on 34.02 acres of land located east of Ipava Avenue, west of Dodd Boulevard (C.R. 9), south of Century Ridge Junior High School, and north of the proposed westerly extension of 190 Street. The Century Ridge preliminary plat and development stage PUD plans were approved by the City Council on December 18, 2000. Mr. Morey indicated that in conjunction with the final plat, .the developer has submitted an application to vacate all public easements located within the plat boundaries. This includes the roadway, drainage and utility easements.- that the City purchased for the Ipava Avenue improvement project (98-10). Mr. Morey indicated that. the easements to be vacated will be replaced by street right-of-way, publicly deeded outlots, and drainage and utility easements on the Century Ridge final plat. Mr. Morey indicated that the utility companies have been notified and they are in agreement with the request. Mr. Morey stated that the subject property is zoned PUD, Planned Unit Development. The RM-1 District performance standards have been utilized as a base for staff analysis of the Century Ridge development consistent with the medium density land use designation of the 2020 Land Use Plan. Mr. Morey stated that the proposed final plat is consistent with the approved preliminary platjPUD development plan. Mr. Morey stated that there are two metes and bounds parcels located on the west side of Dodd Boulevard, north of proposed 190 Street, that are exceptions to the Century Ridge final plat. The developer is attempting to purchase these two exception parcels to incorporate .them into the Century Ridge townhouse development. Mr. Morey indicated that if the developer is successful in purchasing the properties, he will pursue a preliminary and final plat for the development of townhouses consistent with the Century Ridge development. If the developer is not successful in purchasing the exception parcels, then the following must occur: 1. The northerly exception parcel, owned by James and Julie Nye, has several encroachments into the proposed Century Ridge final plat boundaries. The encroachments include a septic drainfield, dog kennel, garden, and play area. These encroachments must be eliminated. The developer has reached an agreement with the Nyes for an Administrative Subdivision to split off 25 • Planning Commission Meeting March 22, 2001 Page 6 feet of the Century Ridge property to combine with the Nye property on the west side to eliminate the dog kennel, garden, and play area encroachments. 2. The Nye's septic drainfield will be impacted by the Century Ridge development. The developer will extend sanitary sewer to the Nye's north property line. With the removal of their septic drainfieid, the Nye's will be required to connect to sanitary sewer as soon as it is available. The Nye`s must connect to sanitary before their septic drainfield is impacted by the Century Ridge development. This will require coordinated project development timing between the developer, the Nyes, and the City. Mr. Morey stated that Engineering staff recommends approval of the Century Ridge final plat plans. The minutes from the Environmental Affairs Committee with their recommendation to approve the final plat were distributed to the Planning Commission at tonight's meeting. Mr. Morey stated that the Parks and Recreation committee recommended a cash contribution to satisfy the park dedication requirements for the Century Ridge development during their review of the preliminary plat. Mr. Morey .summarized the RM-1 District Standards With respect to the townhouse performance .standards included in the RM-1 District of the Zoning ' Ordinance. Mr. Morey stated that they meet all of the RM-1 District performance standards except the following: • A 50 foot right-of-way for the internal public streets. • Building setback less than 30 feet from guest parking spaces. • Guest parking setback less than 30 feet from public right-of-way. • Seven townhouse units located on one side of a private drive. These exceptions were approved as part of the Century Ridge preliminary plat/ development stage PUD. Mr. Morey stated that the developer has. submitted a substantial landscape plan with is outlined in the March 16, 2001 planning report. Mr. Morey indicated that Chapter 11-58-21K of the Zoning Ordinance requires a minimum landscape value.. in relation to the project value. By ordinance, the landscape value must equal at least 1 The estimated cost of the proposed landscaping, including ground cover and irrigation system is more than double the required value. Mr. Morey stated that should the Planning Commission recommend to City Council approval of the Century Ridge final plat and final PUD plans and easement vacation, Community and Economic Development staff recommends Planning Commission Meeting March 22, 2001 Page 7 that the a royal be subject to the 19 recommendations listed in the March 16 pP 1 , 2001 planning report. There were no comments from the audience. 00.021 Motion by Bellows, Second by Kot to close the public hearing at 6:35 p.m. Ayes: Drotning, Comer, Detjen, Grenz, Michaud, Bellows, Kot Nays: 0 Commissioner Detjen asked about the proposed offset intersection at 190 Street between the Century Ridge and Dodd Marsh .Highlands developments. Mr. Morey stated that there was an extensive discussion regarding this issue during the public hearing for the preliminary plat of Century Ridge. Mr. Morey explained that the physical constraints on both sides of 190 Street and the presence of the two exception parcels hinders the ability to align this intersection. Mr. Morey indicated that offset intersections are allowed by ordinance provided theyare at least 125 ft. apart.. . Commissioner Grenz stated that if the public streets are narrowed to 28 feet, .parking should be prohibited on one side of the street. Mr. Morey stated that. given the guest parking spaces, and the building etbacks, which allow cars to be parked tandem in the driveways, it should limit the need to park on the street. City Engineer Tim Hanson stated that there are two longer private drives that are 28 feet wide, but the public streets are all 32 feet wide. The right-of-way was narrowed, but the street width remains the same. 00.022 Motion by Bellows,. Second by Kot to recommend to the City Council approval of the Century Ridge Final Plat of 108 attached townhouse lots, along with the vacation of public drainage, utility, roadway, and pedestrian easements, located east of Ipava Avenue and west of Dodd Boulevard (C.R. 9) at 190 Street, subject to the 19 stipulations listed in the March 16, 2001 planning report. Ayes: Comer, Detjen, Grenz, Michaud, Bellows, Kot, Drotning Nays: 0 ITEM S: PUBLIC HEARING: STREEFLAND ADDITION Chair Drotning opened the public hearing to consider the application of Tollefson Development for a preliminary plat of 45 single family detached townhome lots to be known as Streefland Addition and a variance for cul-de-sac street length, on Planning Commission Meeting March 22, 2001 Page 8 i property located east of County Road 5 and north of County Road 46. City Attorney Knutson attested that the legal notice had been duly mailed and published in accordance with state statutes. Gary Wollschlager from Tollefson Development. was in attendance to represent the application for a preliminary plat of 45 lots on 3 blocks to be known as Streefland Addition, and a variance for cul-de-sac street length. Assistant Community Development Director Daryl Morey presented the staff report regarding the application of Tollefson Development, Inc. Mr. Morey stated that Streefland Addition includes a 20.92 acre area with 45 single family detached townhome lots on land located north of County Road 46 and Kenwood Oaks 2nd Addition and east of Kenwood Trail (County Road 5). Mr. Morey indicated that the development will include a homeowner's association that will maintain the yards, sidewalks, driveways, building exteriors, etc. Mr. Morey stated that the Streefland Addition preliminary plat and consists of 45 single family detached townhome lots on 3 blocks with 3 Outlots in the RST-2, Single and Two Family Residential District. The Streefland Addition preliminary. plat indicates that all proposed lots meet. lot area and width requirements. Mr. Morey indicated that Lots 1, 2 and 3, Block 3 will require the construction of slab-on-grade homes. There are not adequate grade elevations to allow a full or partial basement construction on those lots and meet the minimum 3 foot elevation above the wetland high water elevation. Mr. Morey stated that each lot and house pad is configured to allow the construction of a deck or porch and meet the minimum setback requirements. The building plans propose a minimum' 18 inch roof (soffit) overhang on each dwelling. Mr. Morey indicated that the developer has submitted a letter dated March 15, 2001 that states that the building exterior of all units will be stucco Mr. Morey stated that the garages for dwellings with basements meet the minimum size requirement of 440 square feet. Mr. Morey indicated that for the garages for the townhouses without basements, must be at least 540 square feet in area. This allows for more storage space area. Mr. Morey indicated that the development of the Streefland Addition preliminary . plat includes the construction of the following local streets: Planning Commission Meeting March 22, 2001 Page 9 A local street will be constructed as an extension of Dupont Avenue in Burnsville to intersect with County Road 46. The extension of Dupont Avenue will be constructed primarily within an easement that was obtained from the adjacent property owner in 1995. Mr. Morey stated that full access to the Streefland development will be via the Dupont Avenue and County Road 46 intersection, which is located 1/4 mile from Country Road 5. The Dupont Avenue easement is 80 feet wide and meets the minimum width requirements for a commercial street. Mr. Morey stated that the street will be platted as right-of-way when the adjacent property develops. A public street with right-in/right-out access at County Road 46 is proposed 1/8 mile from County Road 5. Mr. Morey. stated that there are 3 cul-de-sacs proposed with the Streefland Addition preliminary plat. The cul-de-sacs are due .primarily to roadway access restrictions on County Roads 5 and 46 and the location of internal wetland systems. Mr. Morey stated that because the preliminary plat abuts County Road 5 and . County Road 46, it is subject to review by the Dakota County Plat Commission. A copy of the preliminary plat has been submitted to the Plat Commission. Mr. Morey indicated that the Plat Commission has requested additional right-of-way along County Road 5 due to the cemetery adjacent to the west side of County Road 5 across from the proposed Streefland Addition. The plans for the proposed grading, erosion control, wetland replacement and tree preservation for the Streefland Addition preliminary plat have been reviewed .and approved by the Environmental Affairs Committee, as indicated by their motion handed out at tonight's meeting, Mr. Morey stated that the City's 1999 Park and Open Space System Plan does not identify the need for any new parks in the area of the Streefland Addition preliminary plat. Staff and the Parks and Recreation Advisory Committee are recommending a cash contribution to satisfy the park dedication requirements. Mr. Morey indicated that the developer and home building hosted a neighborhood meeting on January 29, 2001 at Trinity Evangelical Free Lutheran Church.. Approximately 22 residents attended. Mr. Morey indicated that the specific details of the meeting are shown in the notes that are attached to the March 16, 2001 • planning report. Planning Commission Meeting March 22, 2001 Page 10 Mr. Morey stated that the proposed northwesterly cu-de-sac street will exceed the maximum allowable length of 600 feet.. The proposed cu-de-sac will be approximately 1,060 feet in length. Mr. Morey indicated that the Subdivision Ordinance allows a cul-de-sac street when area topography or other physical site conditions warrant or when a through street is not physically feasible or desirable due to environmental or access spacing considerations. Mr. Morey stated that due to Dakota County restrictions for access to both County Roads 5 and 46, he location of the existing wetland, and the location of the Dakota Electric substation near the northeast corner of the plat, no access to County Road 5 is proposed or permitted. Mr. Morey stated that Community and Economic Development Department staff recommends approval of the Streefland Addition preliminary plat and cul-de-sac street length variance subject to the 15 stipulations listed in the March 16, 2001 planning report. There were no comments from the audience. 01.023 Motion by Kot, Second by Comer to close the public hearing at 7:00 p.m. Ayes: Detjen, Grenz, Michaud, Bellows, Kot, Drotning, Comer. Nays: 0 Commissioner Comer expressed concern about the westerly wetland and its proximity to County Road 5. Mr. Hanson indicated that the wetland will not normally hold. a large volume of water and that its distance from County Road 5 should not pose any public safety concerns. Commissioner Detjen asked if there was sufficient distance between the Streefland Addition plat and the Dupont Avenue intersection with County Road 46 on the Lorentson property for a future RST-2 development. Mr. Morey indicated there was. Commissioner Detjen wanted clarification on the lot sizes in this plat. Mr. Morey stated that all 45 lots meet the minimum RST-2District lot area and width requirements and that many Lots exceed the requirements. 01.024 Motion by Michaud, Second by Detjen to recommend to the City Council approval of Tollefson Development for a preliminary plat of 45 single family detached townhome lots to be known as Streefland Addition and a variance for Planning Commission Meeting March 22, 2001 Page 11 • cul-de-sac street len h subject to the 15 sti ulations listed in the March 16 2001 ~ ~ l P planning report and the Findings of Fact dated March 22, 2001. Ayes: Grenz, Michaud, Bellows, Kot, Drotning, Comer, Detjen. Nays: 0 7:10 p.m. Break. Reconvened at 7:25 p.m. ITEM 9: PUBLIC HEARING - DODD MARSH HIGHLANDS Chair Drotning opened the public hearing for consideration of the application of D. R. Horton, Inca for a preliminary plat -and development stage planned unit development for 47 attached townhome units and 105 detached townhome lots to be known as Dodd Marsh Highlands, located north of 192nd/ 195 Street, east of Ipava Avenue, south of 190 Street and west of Dodd Boulevard (C.R. 9). City Attorney Knutson attested that the legal notice had been duly published and mailed in accordance with state statutes. Mr. Don Patton from D. R. Horton and Mr. Dick Krier from Midwest Planning & Design were in attendance to present the applications for a preliminary plat and . development stage planned unit development of .Dodd Marsh Highlands. Mr. Krier gave a thorough and highly detailed presentation of the proposed development. He explained why they call the development a "Life Cycle Neighborhood." Mr. Krier stated that the site has fantastic views, woodland, wetlands, privacy, extensive landscaping and detailed architecture. Mr. Krier gave an extensive review of the project's layout, design, grades, and unit styles. Mr. Krier stated that the developer is asking for a modification to the exterior building material requirements. He indicated that the developer wants to create something unique and different. By breaking up the look with landscaping and decks, they would like to use 100% vinyl siding on the rear of the buildings. Associate.. Planner Ron Mullenbach presented the staff report for Dodd Marsh Highlands, dated March 16, 2001. He indicated that the subject property was zoned PUD, Planned Unit Development with the Zoning Ordinance and Zoning Map update approved on July 17, 2000. The Dodd Marsh Highlands plat will be reviewed based on the RM-1, .Medium Density Residential District (attached townhouses} and RST-2, Single and Two Family Residential District (detached townhouses} standards, consistent with the proposed uses and the guided land use of medium density residential. • Planning Commission Meeting March 22, 2001 Page 12 Mr. Mullenbach stated that the ro osed develo ment of Dodd Marsh Hi hlands p p P g for attached and detached townhouses is consistent with the medium density residential land use identified on the 2020 Land Use Plan and District 5 recommendations of the 1998 Comprehensive Plan Update. Mr. Mullenbach stated that the Dodd Marsh Highlands preliminary plat consists of 105 detached townhouse units and 47 attached townhouse units (152 total townhouse units) on 82.64 gross acres of land. He indicated that this results in a gross density of 1.84 units/acre. The 105 detached townhouses lie on 27.59 net acres and have a net density of 3.81. units/acre. The 47 attached townhouse units lie on 8.66 net acres and have a net density of 5.43 units/ acre. The 152 total townhouse units have a net density of 4.19 units/ acre. Mr. Mullenbach indicated that Dodd Marsh Highlands is proposed to be developed in two phases. The 47 attached townhouses and 37 detached townhouses will be developed in the first phase, with the remaining 68 detached townhouses developed in the second phase. Mr. Mullenbach stated that the Dodd Marsh Highlands preliminary plat plans • have been reviewed by Engineering Department staff, the Dakota County Soil and Water. Conservation District (DCSWCD), the DNR, and the Environmental Affairs and Parks and Recreation Advisory Committees. Mr. Mullenbach indicated that the Dodd Marsh Highlands plat is located within Planning District 6 of the City's Comprehensive Park, Trail and Open Space Plan and is the first plat processed adjacent to the planned central area greenway. Mr. Mullenbach stated the Park Plan identifies amini-park/neighborhood play lot search area in the vicinity of the Dodd Marsh Highlands plat. This park will be located along the greenway corridor adjacent to the wetland within Outlot D. Mr. Mullenbach stated that the Trail Plan identifies multi-purpose trailways (MPTW) along .Ipava Avenue and Dodd Boulevard and a greenway corridor along the unnamed tributary. A 10 foot wide bituminous trail was constructed on the east .side of Ipava Avenue in 2000 with the extension of Ipava Avenue from Lakeville Senior High School to Century Junior High School. Mr. Mullenbach indicated that a MPTW segment will be constructed along Dodd Boulevard from 192nd/195~ Street .south to Kenwood Trail (CSAH 50) with the Dodd Boulevard improvements in 2001. The developer will construct the greenway trail from 192nd/195~ Street to Ipava Avenue through the Dodd Marsh Highlands development. • Planning Commission Meeting March 22, 2001 Page 13 Mr. Mullenbach indicated that five foot wide concrete sidewalks will be constructed on both sides of 190 Street between Ipava Avenue and Dodd Boulevard with the Century Ridge development. In addition, a five foot wide sidewalk will be extended from 190 Street down to the greenway multi-purpose trailway. Mr. Mullenbach stated that the sidewalk will make the connection via interrelated connections on Streets A, B, C, and D. A five foot wide. sidewalk. will also be constructed on the south side of Street A from Ipava Avenue to Street D. The sidewalks on Street A and on 190 Street are connected to the 10 foot MPTW along Ipava Avenue. Mr. Mullenbach stated that staff is recommending a combination of cash contribution and land dedication to satisfy the park and trail dedication requirements for Dodd Marsh Highlands. He indicated that a total of 3.74 acres of park land are proposed to be dedicated with the final plat. The Parks 'and Recreation Advisory Committee made their recommendation regarding the park dedication requirements for Dodd Marsh Highlands at their March 21, 2001 meeting. The developer will construct the greenway trail within Outlot D and will be reimbursed by the City for their cost associated with construction of the'trail. • Mr. Mullenbach stated that the developer has submitted exterior building material calculations and a narrative for the attached and detached townhouse units. He indicated that the developer is proposing 100% brick, stucco, and/or natural. or artificial stone on the front elevation, 40% on the sides, and 0% on the rear elevation. Mr. Mullenbach stated that based on these proposed calculations, the proposed building elevations: • Comply with the requirement that a minimum of 25% of the combined area of all building facades have an exterior finish of brick, stucco and/or natural or artificial stone. • Do not comply with the requirement that, except for brick, stucco and/or natural or artificial stone, no single building facade shall have more than 75% of one type of exterior finish. The rear elevation would have 100% vinyl siding. The developer is requesting approval of this departure from the RM-1 and RST-2 District requirements as part of the planned unit development. • Comply .with the requirement that, except for brick, stucco and/or natural or artificial stone, no townhouse dwelling structure shall have more than 60% of all building facades of one type of exterior finish. • Planning Commission Meeting March 22, 2001 Page 14 Mr. Mullenbach requested that the Planning Commission provide direction as to whether the proposed elevations are acceptable. The developer is proposing to construct six different. building styles for the 105 detached townhouses. Mr. Mullenbach stated that some of the detached townhouse garages do not meet the minimum width of 20 feet and will be revised by the developer prior to consideration of the final plat. Mr. Mullenbach stated that the building setbacks which are required are listed in the March 16, 2001 planning report and are shown on the Dodd Marsh Highlands preliminary site plan. Staff recommends that the detached townhouse units maintain a minimum 21 foot setback between buildings. This setback is consistent with zoning ordinance requirements based. upon the proposed heights of the townhouse buildings. Mr. Mullenbach stated that some overhangs depicted on the building elevations are less than thee. RM-1 District requirement of 18 inches. The developer is requesting approval of a minimum 16 inch overhang as part of the planned unit development. • Mr. Mullenbach stated that the Zoning Ordinance requires that all streets within an RST-2 development be public. The developer is proposing that the townhouses within Dodd Marsh Highlands be served by four internal public streets and one private drive. The private drive provides access to six detached townhouse .units and would be the maintenance responsibility of the homeowners association. The developer is requesting approval of the private drive with the planned unit development. Mr. Mullenbach indicated that the developer has requested reduced right-of-way width as part of the planned unit development. Street right-of-way widths have been designed according to City staff's recommendation. Proposed rights-of-way for streets with a 5 foot. concrete sidewalk are 55 feet in width. Proposed rights-of- way for streets without a sidewalk are 50 feet in width. Staff supports the proposed right-of-way widths. Mr. Mullenbach stated that Lots 1-5, Block 1 are located within the Shoreland Overlay District for an unnamed tributary. Because the five lots do not meet the minimum lot width of 75 feet for single family lots in the Shoreland Overlay District, approval of a shoreland overlay district planned unit development is required. Section 11-102-21 of the Zoning Ordinance .requires that shoreland overlay district planned unit developments must provide at least 50 percent of the Planning Commission Meeting March 22, 2001 Page 15 area within the Shoreland Overlay District as preserved open space. The plans meet this .requirement. In addition,. the DNR .has reviewed the preliminary plat plans and have no objections to the proposed development. The Environmental Affairs Committee recommended approval of the preliminary plat, grading, erosion control, and tree plans for Dodd Marsh Highlands at their March 20, 2001 meeting. The Parks and Recreation Advisory Committee made a motion to recommend to the City Council approval of the preliminary plat of Dodd Marsh Highlands, subject to the removal of six lots adjacent to the greenway corridor and recommend a land dedication of 4.08 acres with the remaining balance paid in cash to satisfy the park dedication ordinance requirements. Joel Engstrom, 19348 Dodd. Boulevard stated that he is concerned that his property will depreciate in value because of the development. In addition, Mr. Engstrom expressed concern regarding site lines at the intersection of 190 Street and Dodd .Boulevard. 01.025 Motion by Kot, Second by Comer to close the public hearing at 8:10 p.m. • Ayes: Michaud, Bellows, Kot, Drotning, Comer, Detjen, Grenz Nays: 0 Chair Drotning stated that property depreciation concerns could not be considered, as it is difficult if not impossible to prove. He then asked City staff to address the site line issue. City Engineer Tim Hanson indicated that the intersection of 195 Street/Dodd Boulevard has improved site lines with the reconstruction of Dodd Boulevard. Site lines at 190 Street are somewhat limited, but maintain 7 seconds of site distance which is an acceptable level. Mr. Hanson stated that the main ingress and egress to the site should be at Ipava Avenue. Commissioner Bellows asked Mr. Hanson if .the 7 seconds of site distance is for a vehicle traveling at 55 mph.. Mr. Hanson indicated that it was. Commissioner Bellows asked if staff is recommending elimination of the six homes as the Park and Recreation Advisory Committee has done. City Administrator Bob Erickson stated that staff cannot take a position on the Park Committee's recommendation. • Planning Commission Meeting March 22, 2001 Page 16 Chair Drotnin stated that the develo er's ro osal to ad'ust the exterior buildin g P P P 1 g materials made him very uncomfortable. Other developers have been able to abide by the standards. Commissioner Bellows was in agreement with the Chair. The Planning Commission and staff spent a great deal of time on these standards and he didri t .think we should deviate from them. Commissioner Comer concurred. Chair Drotning commented that the roof lines were very diverse and the building elevation is very important. Mr. Krieg stated that the developer wants variety with their buildings.. They are not attempting. to discard the City's standards, they are proposing the stone and brick where they think people will see it the most. Break at 8:30 p.m. Reconvened at 8:40 p.m. Mr. Krieg stated that. they are. willing to increase the amount of stucco to meet the. exterior building materials requirements. Mr. Patton stated that his reasoning behind putting the brick/stone/stucco treatments in the front elevation is that it; is more accommodating to the market. He also stated that he wanted to save those • six lots which .the Park and Recreation Advisory Committee recommended. removing. Commissioner Michaud stated that he agreed that they should be able to keep the six lots. Chair Drotning questioned City Attorney Knutson about the Planning Commission making a recommendation related to the six lots. Mr. Knutson stated they can make their recommendation on the preliminary plat and PUD and attach comments related to the six lots, or they can make a separate motion regarding the six lots. Chair Drotning asked for the Planning Commission to vote on the motion and then state their comments. 01.026 Motion by Grenz, Second by Kot to recommend to the City Council approval of D. R. Horton, Inc. for a preliminary plat and development stage planned unit development for 47 attached townhome units and 105 detached townhome lots to be known. as Dodd Marsh Highlands, located north of 192nd/ 195 Street, east of Ipava Avenue, south of 190 Street and west of Dodd Boulevard (C.R. 9) subject to . the 24 stipulations listed in the March 16, 2001 planning report. Planning Commission Meeting March 22, 2001 Page 17 Ayes: Bellows, Kot, Drotning, Detjen, Grenz, Michaud Nays: Comer Commissioner Comer stated "I'd like to use some four letter words, unfortunately I don't want to because of the people watching T.V. I don't appreciate that D. R. Horton showed up here and tried to give us a sales .pitch for zvhy they want to do what they want to do versus what zve recommend what they do. I don't like that they discounted what the Planning Commission's recommendations were for the City and what the ..Park and Recreation Committee's recommendations were to the City. I take that as a personal offense and that's zvhy I strongly recommend a nay." .Comments from the Planning Commission regarding the exterior building materials: All. commission members agreed that developer should meet Zoning Ordinance requirements for the exterior siding. Comments from. the Planning Commission regarding the 6 lots and whether they should be removed: All commission members agreed that the six lots should be .kept in the plat. Item 10: Unfinished Business Chair Drotning opened: discussion to consider the Findings of Fact for The Avalon Real Estate Group, L.L.C. for an amendment to the 2020 Land Use Plan. Chair Drotning read out loud the Findings of Fact for The Avalon Real Estate Group, L.L.C. City .Attorney .Roger Knutson explained what the law provides for the City Council vote on the Comprehensive Plan amendment. He stated that by law a 2/3rds vote the City Council is required to pass the amendment. Mr. Knutson stated that if one of the 5 Council members abstains due to a conflict of interest, then a 2/3rds vote of the remaining 4 Council members is required for passage. 2/ 3rds of 4 is 2.66, therefore, 3 votes would be needed to pass the amendment. There was no discussion by the Planning Commission. 01.027 Motion by Detjen, Second by Comer to recommend to the City Council approval of the Findings of Fact for The Avalon Real Estate Group, L.L.C. for an amendment to the 2020 Land Use Plan. Ayes: Kot, Drotning, Comer, Detjen, Michaud, Bellows Nays: Grenz Commissioner Grenz indicated his negative vote was based on Findings of Fact 8; "Currently planned and existing streets and highways have adequate capacity to serve the property. Commercial guiding will put less Planning Commission Meeting March 22, 2001 Page 18 eak hour demand on the trans ortation network than the P P current guiding." Commissioner Grenz stated "Number 8 kind of scares me on this thing. I don't think there is road capacity out there, let alone under construction road capacity to handle this. I think it is about two years premature. I don't think that we can allow the citizens of Lakeville to have all that traffic added to a two lane road. I think it's a very nice development, but I don't think it can substantially open anything, especially the Target, without the: road being four lanes." 01.028 Motion by Comer, Second by Detjen to receive into the permanent record letters received by staff regarding TimberCrest of Lakeville. Ayes: Bellows, Kot, Drotning, Comer, Detjen, Grenz, Michaud Nays: 0 There being no further business, the meeting was adjourned at 9:05 p.m. Respectfully submitted, V f Penn i , Recordin Greta Y g ry ATTEST: Karl. Drotning, Chair CITY OF LAKEVILLE Planning Commission Meeting Minutes APRIL 5, 2001 ril 5, 2001: Planning :Commission meeting was called to order by Chair Drotni the City Hall Council Chambers at 6:00 p.m. RoII call of memb as taken: Present:. Michaud, Bello Grenz, Drotning, Comer, Detjen, Wulff, Puncochar Absent: Kot Staff Present: Arlyn trussing, ctor of Community and Economic Development; Leif Hanson, Zoning cement Coordinator; Dennis Feller, Finance Director; Andrea Poehler, Assistant Attorney; and. Penny Brevig, Recording Secretary. ITEM S: APPROVAL OF MEETING MINUTES: The March 22, 2001 Planning Commission meeting minutes were ap ved as Commissioner Jerry Comer formally apologized to the Planning Commission "for my critical and harsh comments I made at the last meeting." arch 22, 2001 approved minutes. ITEM NOUNCEMENTS: The following i s were distributed to the Planning Commission members and staff before tonight eeting: ? Updated Residentia evelopment Projects list,. dated March 29, 2001 ? Updated Public Comme 1/Industrial Projects list, dated April 3, 2001 ? Channe116 Weekly Schedu ? Lake Marion Association letter p enting a gift of $1,000.00 for the City of Lakeville's efforts to acquire the prop adjacent to Casperson Park, and in appreciation of the City's efforts in suppo g the water quality and natural resource of Lake Marion and the surrounding operty. , ITEM 5. TIF DISTRICT NO.9 AND NO.10 A. Tax Increment Financing District No. 9 - consideration of the Resolution of the Lakeville Planning Comma n Finding the proposal for Amendment to Tax, Increment Financing Pla or Tax Increment Financing District No. 9 to be consistent with the. Compreh