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HomeMy WebLinkAbout06-07-01 CITY OF LAKEVILLE Planning Commission Meeting Minutes JUNE 7, 2001 The June 7, 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, Grenz, Drotning, Detjen, Wulff, Puncochar Absent: Comer Staff Present: Robert Erickson, City Administrator; Arlyn trussing, Director of Community and Economic Development; Daryl Morey, Assistant Community Development Director; Frank Dempsey, Associate Planner, Ron Mullenbach, Associate Planner; Tim Hanson, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3: APPROVAL OF MEETING MINUTES: The May 17, 2001 Planning Commission meeting minutes were < approved as presented. ITEM 4: ANNOUNCEMENTS: Mr. Morey stated that the following items were distributed to .the Planning Commission members and staff before tonight's meeting: 1. June 5, 2001 Environmental Affairs Committee minutes regarding Acorn Tappe First Addition and The Greenway. 2. June 6, 2001 Parks & Recreation Committee minutes regarding Acorn Tappe First Addition and The Greenway. Mr. Morey stated that Community and Economic Development staff is requesting that the public hearing for Agenda Item 11, The Oaks of Lake Villa preliminary plat and rezoning, be continued to the June 21, 2001 meeting to allow the developer time to prepare and submit detailed storm water calculations. Detailed storm water calculations have been requested by staff in response to a letter received from a surrounding property owner. 01.57 Motion by Detjen, Second by Michaud to continue the preliminary plat of 29 single family residential lots and 22 single family detached townhouse lots to be known as The Oaks of Lake Villa, and a rezoning from RM-1, Medium Density Residential District to RST-2, Single and Two Family Residential District, located west of Kenyon Avenue, north of 179 Street, and east of Keokuk Avenue, until the June Planning Commission Meeting June 7, 2001 Page 2 21, 2001 Planning Commission meeting to allow the developer time to prepare and submit detailed storm water calculations. Ayes: Wulff, Michaud, Bellows, Drotning, Grenz, Detjen. Nays: 0 ITEM 5. PUBLIC HEARING: MARION FIELDS FIFTH ADDITION (continued fi~on2 the May 17, 2001 Planning Commission Meeting) Chair Drotning re-opened discussion of the application of Shamrock Development, Inc. for a preliminary and final plat of 17 single family lots to be known as Marion Fields Fifth Addition, located on the south side of 202nd Street, east of Ipava Avenue. Mr. Jim Stanton was in attendance to represent Shamrock. Development, Inc. and to answer any questions the Planning Commission or the public may have. Assistant Community Development Director Daryl Morey presented the June 1, 2001 planning report. Mr. Morey identified the issues raised by the public and the Planning Commission at the May 17, 2001 meeting, along with staffs response: 1. Identify the .non-conformities. created with the proposed Indio Path loop street. Mr. Morey stated that as identified on the Marion Fields Fifth Addition grading plan, the Schmits, Zauns, and Lamonts each have a detached accessory building located in their rear yard. The Zaun and Lamont accessory buildings comply with Zoning Ordinance setback requirements, given the information provided on the preliminary and final plat plans: Mr. Morey indicated that the Schmit's detached garage meets the 10 foot setback from the Indio Path right-of-way (rear) line; however, if the front of this garage is reoriented off of Indio Path, the setback would become non- . conforming. Mr. Morey stated that the Schmit's detached and attached garages are both non-conforming with respect to their setback from the Ipava Avenue right- of-way line platted with Marion Fields Fourth Addition.. Mr. Morey indicated that the developer has revised the Marion Fields Fifth Addition final plat to shift the Ipava Avenue right-of-way to the west to achieve the required 20 foot side yard setback for the Schmit's two garages. He stated Planning Commission Meeting June 7, 2001 Page 3 that this will require the City to process a vacation for the excess portion of the Ipava Avenue to achieve conforming setbacks. 2. Future 202nd Street assessments for the existing homeowners. Mr. Morey stated that staff has agreed to include a statement in the Marion Fields Fifth Addition development contract, subject to approval by the City Council, that the existing properties fronting 202nd Street adjacent to Marion Fields Fourth and Fifth additions will not be assessed for the future upgrade of 202nd Street to an urban section. Mr. Morey stated that there will be no assessments to the existing homeowners for the construction of Indio Path and Ipava Avenue with the Marion Fields Fifth Addition development. 3. The possible future relocation of driveways for the four existing homes fronting 202nd Street. ` • Mr. Morey stated that the Schmits, Serbas, and Larnonts have the ability to relocate their driveway access from 202nd Street to Indio Path fairly easily by switching their garage door from the north to the south side of the garage and paving a driveway access south to Indio Path. Mr. Morey indicated that because they have a house addition located on the south side of (behind) their garage, it is not as easy for the Zauns to relocate their driveway to Indio Path. 4. Possible transition between the existing homes and the homes that will be constructed in Marion Fields Fifth Addition. Mr. Morey indicated that at the May 17, 2001 Planning Commission meeting, he offered the suggestion of fronting the houses on Lots 1 and 10, Block 1 to the west and east, respectively. In addition, the Planning Commission discussed the possibility of the developer installing berming/landscaping on the south sides of the Schmit, Serba and Zaun properties. 5. The creation of a lot with streets on three sides (Schmit). Mr. Morey stated that the Marion Fields Fifth Addition plat creates a triple frontage situation for the Schmits. Mr. Schmit and the Planning Commission expressed some concern regarding this situation at the May 17~ meeting. Mr. Morey mentioned at that meeting that it is a fairly common occurrence Planning Commission Meeting June 7, 2001 Page 4 for lots platted in subdivisions that abut major collector or arterial streets, due to the fact that driveway access onto those roadways is prohibited. Also, Mr. Morey pointed out that there have been several- instances where double frontage lots have been created with the platting. of property adjacent to an existing single family home fronting on a major collector or arterial street. 6. Landscaping at the rear of Lots 2-5, Block 2 adjacent to the Friedges Landscaping business. Mr. Morey indicated that he has added this to the stipulations recommended by staff for preliminary and final plat approval. Mr. Morey stated that Community and Economic Development Department staff recommends approval of the revised Marion Fields Fifth Addition preliminary and final plat subject to the five stipulations listed in the June 1,2001 planning report. • Chair Drotning asked if there were any comments from the public. Mr. Ron Schmit (9594 - 202nd Street West) was in attendance and wanted to confirm that he was not going to be assessed for the new roads. Mr. Tim Hanson indicated that the initial street construction would be paid for. by the developer. Future improvements to the streets would be subject to the assessment policy in place at that time. Mr. Hanson explained the current assessment policy. Mr. Schmit noted that the most practical place to relocate his. driveway would be off of Ipava Avenue in the northwest corner of is property. Mr. Hanson stated it should be set back as far south from the 202nd Street/Ipava Avenue intersection as possible to achieve adequate vehicle stacking. Commissioner Detjen asked if staff had received any feedback from the four neighbors whether it would be feasible to relocate their driveways? Mr. Morey stated that the Lamonts and Schmits have indicated that it would be feasible. The Zauns have indicated that it would difficult to relocate their . driveway. The Serbas have not indicated one way or the other. Planning Commission Meeting June 7, 2001 Page 5 City Administrator, Robert Erickson stated that one of the neighbors expressed a concern about the possibility of a privacy fence being constructed at the rear of Lot 7, Block 2. The applicant and Commissioners .agreed that it would pose a hardship for the future homeowner if a fence restriction was placed on this lot. 01.58 Motion by Wulff, Second by Bellows to recommend to City Council approval of the application of Shamrock Development, Inc. for a preliminary and final plat of 17 single family lots to be known as Marion Fields Fifth Addition, located on the south side of 202nd Street, east of Ipava Avenue, subject to the five stipulations listed in the June 1, 2001 planning report. Ayes: Michaud, Bellows, Drotning, Grenz, Detjen, Wulff Nays: 0 ITEM 6. PUBLIC HEARING: ROBERT jULSON Chair Drotning opened the public hearing for consideration of the application of Robert Julson for a Conditional Use Permit to allow fill .within the floodplain overlay district of Lake Marion, located at 10152 -Upper 196 Way. Assistant City Attorney Poehler, attested that the legal notice had been duly published in accordance with state statutes and City Code. Mr. Robert .Julson was in attendance to answer any questions that the public or members of the Planning Commission may have. Associate Planner Ron Mullenbach presented the planning report. He stated that Mr. Robert Julson has submitted an application for a Conditional Use Permit to allow the placement of fill within the Floodplain Overlay District of Lake Marion to accommodate the construction of a single .family home on a vacant parcel. Mr. Mullenbach indicated that the Zoning Ordinance allows the placement of fill within the floodplain with the approval of a Conditional Use Permit. Mr. Mullenbach stated that the minimum lot area and lot width for a parcel in the Shoreland Overlay District is 20,000 square feet and 100 feet, respectively. The property is non-conforming in terms of Iot area at 14,655 square feet and lot width at 70.17 feet. This property is a legal. non-conforming lot of record as it was created • in 1910. Planning Commission Meeting June 7, 2001 Page 6 Mr. Mullenbach stated that the Zoning Ordinance allows residential structures in the floodplain overlay district by Conditional Use Permit provided that the structures are placed on fill with the lowest floor elevation (including basement) at or above the regulatory flood protection elevation of 986.0 feet. Mr. Mullenbach indicated that the proposed lowest floor elevation is 989.5. feet, well above the regulatory flood protection elevation. Mr. Mullenbach stated that the subject property lies partly within the Shoreland Overlay District for Lake Marion. The lot is non-riparian (no lake frontage) and is therefore only subject to the maximum impervious surface requirement of 25%. Mr. Mullenbach stated that the certificate of survey indicates that 7,952 square feet of the lot lies within the Shoreland Overlay District. Of this area, 1,997 is proposed impervious surfaces. The proposed development results in an impervious surface coverage of 25% for the area of the lot within the Shoreland Overlay District, in compliance with Zoning Ordinance requirements. Mr. Mullenbach indicated that: the subject property lies adjacent to a wetland. No fill is proposed to be placed within the wetland. Mr. Mullenbach stated that the • wetland area is proposed to be placed within a permanent drainage and utility easement. Boundary drainage and utility easements are also proposed. Mr. Mullenbach stated that signed easement agreements must be submitted to the City prior to City Council consideration of the conditional use permit request. Mr. Mullenbach stated that should the Planning Commission recommend to City Council approval of the Conditional Use Permit for Robert Julson, Community and Economic Development Department staff recommends approval subject to the 7 stipulations listed in the June 1, 2001 planning report and approval of the Findings of Fact dated June 7, 2001. Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. 01.59 MOTION by Bellows, Second by Detjen to close the public hearing at 6:45 p.m. Ayes: Bellows, Drotning, Grenz, Detjen, Wulff, Michaud. Nays: 0 01.60 MOTION by Michaud, Second by. Wulff to recommend to the City Council approval • of the application of Robert Julson for a Conditional Use Permit to allow fill within. the floodplain overlay district of Lake Marion, located at 10152 -Upper 196 Way, Planning Commission Meeting. June 7, 2001 Page 7 subject to the 7 stipulations listed in the June 1, 2001 planning report and approval of the Findings of Fact dated June 7, 2001. Ayes: Drotning, Grenz, Detjen, Wulff, Michaud, Bellows. Nays: 0. ITEM 7: PUBLIC HEARING: ALL SAINTS CATHOLIC CHURCH Chair Drotning opened the public hearing for consideration of the application of Father Eugene Tiffany for an amendment to Conditional Use Permit No. 00-02, which amended Conditional Use Permit No. 95-18, to allow an education facility expansion to All Saints Catholic Church. This amendment is requested to allow a modification to a portion of the approved exterior building materials for the education facility expansion, located at 19795 Holyoke Avenue. Assistant City Attorney Poehler, attested. that the legal notice had been duly published in accordance with state statutes and City Code. • Father Tiffany was in attendance to give an overview of the request and answer any questions that the public or members of the Planning Commission may have. Assistant Community Development Director Daryl .Morey presented the planning report for the All Saints Catholic Church CUP amendment. Mr. Morey stated that Father Tiffany is requesting the Conditional Use Permit amendment to allow a modification to one of the conditions of CUP No. 00-02. Condition G states that "exterior building materials and colors for the education facility expansion shall. match those of .the existing church building'. The plans approved with CUP No. 00-02 identified a brick exterior for the entire education facility addition. Mr. Morey indicated that Father Tiffany is requesting that the southwest end of the education facility addition be allowed to remain as an exposed. concrete black finish. The reason for this request is that a Phase 3 education related building expansion is proposed within the next 3-5 years off this southwest end of the education facility addition. The church would prefer not to install the brick and then have to remove it within 3-5 years with the Phase 3 expansion. • Planning Commission Meeting June 7, 2001 Page 8 • Mr. Morey stated that staff is recommending, and Father Tiffany has agreed, that the exterior concrete block be painted with a .color consistent with the existing church brick. If this is done, Mr. Morey indicated that people looking at the church from off-site should not be able to perceive that this end of the education facility addition is notbrick. Mr. Morey stated that should the Planning Commission recommend to City Council approval of the Conditional Use Permit Amendment for All Saints Catholic Church, Community and Economic Development Department staff recommends approval subject to the three stipulations listed in the May 31, 2001 planning report. Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. 01,61 Motion by Wulff, Second by Detjen to close the Public Hearing at 6:55 p.m. Ayes: Drotning, Grenz, Detjen, Wulff,. Michaud, Bellows Nays: 0 There were no comments from the Planning Commission. 01.62 Motion by Detjen, Second by Michaud to recommend to the City Council approval of the application of Father Eugene Tiffany for an amendment to Conditional Use. Permit No. 00-02, which amended Conditional Use Permit No. 95-18, to allow an education facility expansion to All Saints Catholic Church. This amendment is requested to allow a .modification to a portion of the approved exterior building materials for the education facility expansion,. located at 19795 Holyoke Avenue, subject to the 3 stipulations listed in the May 31, 2001 planning report and approval of the. Findings of Fact dated June 7, 2001. Ayes: Grenz, Detjen, Wulff, Michaud, Bellows, Drotning. Nays: 0. ITEM H: PUBLIC HEARING: COUNTRY JOE, INC. Chair Drotning opened the public hearing to consider the application. of Country Joe, Inc. for the vacation of Highview Avenue, located south of 160 Street (C.R. 46) and north of 165 Street. Assistant City Attorney Poehler, attested that the legal notice had been duly published in accordance with state statutes and City Code. Planning Commission Meeting June 7, 2001 Page 9 • Assistant Community Development Director Daryl Morey presented the staff report. Mr. Morey stated that in conjunction with the Hawthorn Heights and Vermillion Springs developments, Country Joe, Inc. is requesting approval of the vacation of unused Highview Avenue roadway easement and the "old" Highview Avenue roadway. This request, Mr. Morey indicated, will finalize the Highview Avenue vacation identified with the staff review of the Hawthorn Heights and Vermillion Springs plats. The vacation .involves the portion of "old" Highview Avenue located between 160 and 165 Streets. The vacation does not include the portion of Highview Avenue platted in Hawthorn Heights and Vermillion Springs. Mr. Morey stated that the electric and telephone utility companies are currently working on placing their lines underground within right-of-way platted with Hawthorn Heights and Vermillion Springs following the "new" Highview Avenue alignment. This vacation request includes a roadway easement identified on the title for the parent metes and .bounds parcels that were platted as Hawthorn Heights, as well as the prescriptive rights segment of the "old" Highview Avenue alignment located between 160 and 165 Streets. Mr. Morey stated that. should the Planning Commission recommend:. to City Council approval of the vacation of Highview Avenue, Community and.Economic Development Department staff recommends approval subject to the utility companies completing the realignment of their. lines along the new Highview Avenue alignment. Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. 01.63 Motion by Wulff, Second by Detjen to close the public hearing at 7:00 p.m. Ayes: Detjen, Wulff, Michaud, Bellows, Drotning, Grenz. Nays: 0 There were no comments from the Planning Commission. 01.64 Motion by Grenz, Second by Bellows to recommend to City Council approval of the application of Country Joe, Inc. for the vacation of Highview Avenue, located south of 160 Street (C.R. 46) and north of 165 Street subject to the utility companies completing the realignment of their lines along the new Highview Avenue alignment. Planning Commission Meeting June 7, 2001 Page 10 Ayes: Wulff, Michaud, Bellows, Drotning, Grenz, Detjen. Nays: 0 7:05 p.m. Break. Reconvened at 7:25 p.m. 9. PUBLIC HEARING: ACORN TAPPE FIRST ADDITION Chair Drotning opened: the public hearing to consider the application of APPRO Development, Inc. for a preliminary and final plat of one lot and two outlots on one block to be known as Acorn Tappe First Addition, located at the southeast corner of Highview Avenue and County Road 70 (215 Street). Assistant. City Attorney Poehler, attested that the legal notice had been duly published in accordance with state statutes and City Code. Jack Matasosky and Jim Connelly of APPRO Development, Inc., and Steve Love of Jacobson. Engineers & Surveyors were in attendance to present the application and to answer. any .questions the public or members of the Planning Commission may have.. Mr. Connelly showed the semi- truck turning radius for the driveway access at C.R.. 70. He also pointed out. that Stipulation #6 of the planning report should read $20,000 rather than $50,000 for the security to insure installation of the approved landscaping. Associate Planner Ron Mullenbach presented the planning report for Acorn Tappe First Addition. APPRO Development, Inc. has submitted applications. for the preliminary and final plat of Acorn Tappe First Addition, which consists of one lot and two outlots on one block on 28.71 acres of land. Mr. Mullenbach stated that Airlake Development has signed a purchase agreement with Acorn Lumber/Tappe Construction Co. (Acorn/Tappe) for Lot 1, Block 1 of the plat. In conjunction with the preliminary and final plat, Mr. Mullenbach indicated that Acorn/Tappe is proposing to construct a 128,000 square foot multi- tenant office/manufacturing/warehouse facility on Lot 1, Block 1 of the plat. Mr. Mullenbach indicated that the proposed Lot 1 is 13.70 acres in size and has a lot width of 947.80 feet, far exceeding the minimum lot requirements of the I-2, General Industrial District. Mr. Mullenbach stated that the proposed lot. is of sufficient-size to accommodate the proposed and future development and meet building setback requirements of the I- 2, General Industrial District. The proposed Acorn/Tappe building meets the setback requirements of the I-2 District. Planning Commission Meeting June 7, 2001 Page 11 • Mr. Mullenbach stated that the preliminary and final plat of Acorn Tappe First Addition includes two outlots. Outlot A will include storm water ponding and will be deeded to the City of Lakeville with the final plat. Outlot B is intended .for future industrial development. Outlot B is large enough to facilitate further subdivision. Mr. Mullenbach indicated that the Acorn Tappe First Addition preliminary and final -plat abuts County Road 70 and Highview Avenue. County Road 70 is designated as a high density minor arterial in the City's Transportation Plan. Adequate right-of-way for County Road 70 was previously acquired by Dakota County. Mr. Mullenbach statedthat when County Road 70 is ultimately upgraded to a four- lane divided roadway, full accesses will exist at Heath Avenue and at Highview Avenue, which have one-quarter mile spacing. The Acorn/Tappe driveway access is located at Heath Avenue. To ensure that future development within Outlot B maintains full access to County Road 70, the developer has agreed to an easement providing access to the Acorn/Tappe driveway over Lot 1 in favor of Outlot B. Mr. . Mullenbach indicated that additional easements over. portions. of Outlot B will be reviewed when it is platted in the future. Mr. Mullenbach stated that .Highview ,Avenue is designated as a minor collector in the City's Transportation Plan. Right-of-way for Highview Avenue was acquired as part of the Airlake Development Third Addition final plat. Future driveway access to Highview Avenue must maximize stacking distance from County Road 70, with the final location determined at the time Outlot B is platted and developed. Mr. Mullenbach stated that after review with the City's Fire Marshal, the proposed emergency access drive at the shared property line of Acorn/Tappe and Performance Office Papers has been eliminated. Access via the driveway at Heath Avenue is sufficient to accommodate access by emergency vehicles. Mr. Mullenbach indicated that the fire access drive located on the joint property line will remain on the .two site plans without access to County Road 70. Performance Office Papers and Acorn/Tappe have agreed to the shared fire access drive. Mr. Mullenbach indicated. that the recommendation for the, preliminary and final plat plans from the Environmental Affairs Committee were handed out at tonight's • meeting. The Dakota County Soil and .Water Conservation District report was included in the Planning Commission packets as Exhibit. N of the planning report. Planning Commission Meeting June 7, 2001 Page 12 • The Parks and Recreation Committee recommendation has also been .handed out at tonight's meeting. Mr. Mullenbach stated that the preliminary plat plans identify the extension of rail into Lot 1, Block 1 and conceptually to Outlot B. The rail line will be re-routed through the City of Lakeville outlot platted with Empire Builder Investments .First Addition and a portion of the Wausau Supply site. Mr. Mullenbach .indicated that parking aisles width is in conformance with Zoning Ordinance requirements, along with the parking area setback requirements. He stated that the total parking requirements for the building, based on-the floor area projections is 248 parking spaces. The site plan proposes a total of 124 parking spaces (50%) to be constructed initially, with the remaining stalls deferred. Mr. Mullenbach stated as future tenants are identified, the parking requirements. for the building will be reviewed and may change. In order to accommodate any increases in parking .requirements which may occur as specific tenants are identified, the developer has identified potential future locations for parking (identified as reserved parking on the site plan). If deferred. parking stalls must be constructed, City staff is recommending that the stalls lying adjacent to the main access drive be constructed last to reduce conflicts between truck traffic and parking areas. Mr. Mullenbach stated that the preliminary plat plans identify a paved outdoor storage area on the easterly side of Lot 1, Block 1. Storage shall be limited to 20 feet in height. A 4-foot high berm is proposed to screen the outdoor storage yard from County Road 70. Since overhead power lines prohibit the placement of evergreens on the top of .the berm, Mr. Mullenbach indicated that the developer is proposing 8 foot tall black hills spruce trees on the south slope of the berm. Additional landscaping along County Road 70 and along the westerly side of the building is also proposed in compliance with Zoning Ordinance requirements. Fire access lanes must be kept free and clear of storage items at all times. Outdoor storage shall only occur in the area designated on the proposed plans and shall be limited to those materials owned and used by the tenants of the building. Dust collectors or other equipment shall be located south of the building and screened from public rights-of-way. Mr. Mullenbach stated that if the .Planning Commission recommends approval to • the City Council of the Acorn Tappe First Addition preliminary and final plat, Community and Economic Development Department staff recommends approval Planning Commission Meeting June 7, 2001 Page 13 • subject to the 10 stipulations listed, and the amended stipulation #6, to read $20,000, rather than $50,000, in the June 1, 2001 planning report.. Chair Drotning opened the hearing to the public for comment. There mere no comments from the audience. 01.65 Motion by Michaud, Second by Wulff, to close the public hearing at 7:35 p.m. Ayes: Michaud, Bellows, Drotning, Grenz, Detjen, Wulff. Nays: 0 The Planning Commission wanted to be sure that the cross access on the front. and back of the Acorn/Tappe Lot would work for whoever would occupy the'building next door to them. Mr. Connelly and Mr. Matasosky both commented that this had been discussed and Acorn/Tappe is comfortable with the arrangement. 01.66 Motion by Bellows, Second-by Wulff to recommend to the City Council approval of the application of APPRO Development, Inc. for a preliminary and final plat of • one lot and two outlots on one block to be known as Acorn Tappe First Addition,. . located at the southeast corner of Highview Avenue and .County Road 70 (215 Street), subject to the 10 stipulations, and amended Stipulation #6, listed in the June 1, 2001 planning report. Ayes: Bellows, Drotning, Grenz, Detjen, Wulff, Michaud Nays: 0 1O. PUBLIC HEARING: PERFORMANCE OFFICE PAPERS Chair Drotning opened the public hearing to consider the application of Performance Office Papers and APPRO Development, Inc. for a Conditional Use Permit to allow an expansion to anon-conforming industrial building in the I-2, General Industrial District, and consideration of a Variance from the required 40 foot setback from CSAH 70 (215 Street) to extend the. existing non-conforming setback, located at 21565 Hamburg Avenue. Assistant City Attorney Poehler, attested that the legal notice had been duly published in accordance with state statutes and City Code. Mr. Vince Marken and Jack Matasosky from APPRO Development, Inc.; Russ DeFauw of Performance Office Papers; and Steve Love of Jacobson Engineers i Surveyors were in attendance to present their application for Performance Office Planning Commission Meeting June 7, 2001 Page 14 Papers and APPRO Development, Inc. and to answer any questions that the public or members of the Planning Commission may have. Associate Planner Ron Mullenbach presented the planning. report for Performance Office Papers. Mr. Mullenbach stated that Performance Office Papers has submitted conditional use .permit and variance applications to allow expansion to a legal, non-conforming industrial building, located at 21565 Hamburg Avenue. Mr. Mullenbach stated that the conditional use permit is required to expand anon- conforming industrial building and the variance is being requested to continue the .existing non-conforming setback on the building addition. Mr. Mullenbach stated that Performance Office Papers is proposing to construct an approximately 57,000 square addition to the existing approximately 60,000 square foot office/manufacturing/warehouse building, which is a permitted use in the I-2 District. In addition, Mr. Mullenbach indicated that the plans identify realignment of the existing rail access and a future building expansion. The developers. are also requesting approval of a parking deferment agreement. • Mr. Mullenbach stated that the developer is proposing to move the existing rail line to the west along the new building line. Access to the rail from the building. will be via two overhead doors along the west wall. Mr. Mullenbach indicated that Performance Office Papers and Acorn/Tappe have agreed to sharing the costs of a public watermain and fire access drive on their shared property line. The shared facilities improve water access and emergency vehicle circulation for the two properties. Conditional Use Permit Mr. Mullenbach indicated that the proposed building expansion setback 40 feet from the County Road 70 right-of-way will not increase the non-conformity of the building or site. The developer is also requesting approval of a variance to allow the addition to continue the current non-conforming building setback along County Road 70. Except for the variance to the setback along County Road 70, the proposed building addition will conform with all applicable performance standards of the Zoning Ordinance. Mr. Mullenbach stated that the Performance Office Papers lot lies at the corner of County Road. 70 (215 Street) and Hamburg Avenue. County Road 70 is a high density minor arterial in the City's Transportation Plan. Full south half right-of- Planning Commission Meeting June 7, 2001 Page 15 • way was previously acquired by Dakota County which caused the existing structure to become non-conforming. The Transportation Plan identifies upgrade of County Road 70 to a four-lane. divided highway adjacent to this parcel after the year 2010. Mr. Mullenbach indicated that no driveway access is proposed or allowed on County Road 70 from the subject parcel. Mr. Mullenbach. stated that an emergency vehicle access loop will extend from Hamburg Avenue through the Performance Office Papers and Acorn/Tappe sites out to County Road 70 at Heath Avenue. Mr. Mullenbach indicated that Hamburg Avenue is designated as a minor collector in the City's Transportation Plan. Currently, a 33 foot west half right-of-way exists for Hamburg Avenue. An additional 7 feet of west half right-of-way is required with the Conditional Use Permit request. Mr. Mullenbach stated that all proposed parkingmust be set back 15 feet from the public rights-of-way and 5 feet from side lot lines. A portion of the existing parking lot encroaches on .the required 15 foot setback from the existing County Road 70 • right-of-way and is proposed to be removed in conformance with Zoning Ordinance requirements. He indicated a portion of the existing parking lot will also encroach. on the .required. l5 foot setback from the .Hamburg Avenue right-of- way after the additional ?feet of west half right-of-way is granted. Mr. Mullenbach indicated that the proposed 12 foot setback is considered acceptable since compliance with the setback would require reducing .the drive aisle width below the 24 foot minimum (creating a new non-conformity) and also because it is caused by the acquisition of additional right-of-way. Mr. Mullenbach stated that two accesses are proposed on Hamburg Avenue. The existing northerly driveway access is proposed to be relocated to align with the loading dock area. The southerly driveway access provides improved truck circulation on the site. The loading area is sized consistent with Zoning Ordinance requirements. Mr. Mullenbach stated that the landscaping plan includes clustered evergreen screening of the loading area on each .side of the northerly driveway and boundary/perimeter landscaping along Hamburg Avenue. Mr. Mullenbach indicated that the Performance Office Paper ..Conditional Use . Permit/ Variance plans have been reviewed by Engineering Department staff. They recommend approval subject to the stipulations. contained in .the June 1, 2001. engineering report. Planning Commission Meeting June 7, 2001 Page 16 • Variance Mr. Mullenbach reviewed the criteria for consideration of the variance request: • The existing building was constructed according to setback requirements in effect at the time. Acquisition of additional right-of-way by Dakota County and an increase in the required setback from 30 ft. to 40 ft. created the non- conformity. • There are no unusual physical constraints that cause a hardship to the owner or restrict the development of the property. • Other non-conforming buildings .exist within Airlake Industrial Park and the conditions are not unique to the subject property. • The-variance has been requested for economic, usability, maintenance, aesthetic, and property value reasons. • The setback requirement provides consistent appearance and separation of buildings from County Road 70. The applicants have not provided compelling arguments for the reduced setback. Approval of the variance would create a precedentfor other non-conforming parcels in the area. • • A hardship has not been proven. The applicant will be able to accomplish their expansion project without the variance. • When the Planning Commission updated the .Zoning Ordinance, they specifically included a requirement that additions to non-conforming industrial buildings meet setback requirements. Mr. Mullenbach stated that Community and Economic Development Department staff recommends approval of the Performance Office Papers and APPRO Development, Inc. application for a Conditional Use Permit subject to the 6 stipulations listed in the June 1, 2001 planning report and approval of the Findings of Fact dated June 7, 2001. Mr. Mullenbach stated that Community and Economic Development Department staff recommends denial of the Performance Office Papers variance request subject to the Findings of Fact, dated June 7, 2001. Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. • 01.67 Motion by Bellows, Second by Michaud to close the public hearing at 8:00 p.m. Ayes: Drotning, Grenz, Detjen, Wulff, Michaud, Bellows Nays: 0 Planning Commission Meeting June 7, 2001 Page 17 Commissioner Detjen asked about the 170 feet of existing right-of-way for C.R. 70. Mr. Hanson stated that Dakota County bases right-of-way width on their anticipated roadway design. Mr. Morey stated that Dakota County is looking at County Road 70 as a major east/west corridor. to take some of the; traffic off of County Road 42 in Burnsville, Apple Valley and Rosemount. He stated that when County Road 70 is expanded, it will be expanded on the south side. Mr. Markell identified the history of the building and right-of-way acquired by Dakota .County. When originally constructed, the building met all setback requirements. Commissioner Wulff asked if the machinery inside the building could be located to .accommodate the required setback. Mr. DeFauw stated the machinery can be moved, but it is in the optimum location right now. They are working around existing columns. For safety reasons, it is in the best possible location. Mr. Markell stated that the plan was developed from the inside out, due to the size. of the equipment and the flow of traffic around the • machine. .01.68 .Motion. by Michaud, Second by Detjen to recommend to City Council approval of the application of Performance Office .Papers and APPRO Development, Inc. for a Conditional Use Permit to allow an expansion to anon-conforming industrial building in the I-2, General Industrial District, located at 21565 Hamburg Avenue, subject to the 6 stipulations listed in the June 1, 2001 planning report, and approval. of the Findings of Fact dated June 7, 2001. Ayes: Grenz, Detjen, Wulff, Michaud, Bellows, Drotning. Nays: 0 01.69 Motion by Bellows, Second. by Grenz to recommend to City Council approval of the application of Performance Office Papers and APPRO Development, Inc. for a Variance from the required 40 foot setback from CSAH 70 (215 Street) to extend the existing non-conforming setback, located at 21565 Hamburg Avenue. Ayes: Drotning, Detjen, Michaud, Bellows. Nays: Grenz, Wulff Commissioner Grenz indicated his negative vote zvas because he didn't feel that having to i move the wall back 10 feet to meet setbacks zvas a hardship. Commissioner Wulff concurred with Commissioner Grenz. Planning Commission Meeting June 7, 2001 Page 18 Chair Drotning stated that. Findings of Fact for approval of the Variance will be brought to the June 21, 2001 Planning Commission meeting for consideration and staff will address the parking lot setback from Hamburg Avenue given the 7 foot right-of-way dedication. 8:40 p.m. Break. Reconvened at 8:55 p.m. Chair Drotning stated that the Commissioners needed to state their reasoning for approval of the Variance to support the Findings of Fact. Chair Drotning indicated his positive vote was because the initial building zvas constructed before the County acquired the additional right-of--way for C.R. 70. Commissioner Detjen agreed with Chair Drotning and didn't think it zvas fair for the property owner to meet .the setback from the expanded right-of-zvay. Commissioners Michaud and Bellows agreed with Chair Drotning and Commissioner Detjen. 12. PUBLIC HEARING: THE GREENWAY • Chair Drotnin o ened the ublic hearin to consider the a lication of U.S. Home g P p g pp Corporation for a preliminary plat. of 174 single family residential lots to be known as The Greenway, located east of Kenwood Trail (C.R. 50), north of 192nd Street, and west of Ipava Avenue. Assistant City Attorney Poehler, attested that the legal notice had been duly published in accordance with state statutes and City Code. Mike Burton, Project Manager for Lundgren Brothers, -Mark Anderson, Vice President of Lundgren Brothers, John Scalzo from Dahlgren, Shardlow & Uban, Inc., and Joel Cooper, President of James R. Hill, Inc. were in attendance to present their application for The Greenway and to answer any questions that the public or members of the Planning Commission may have. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that U.S. Home representatives have submitted an application for the preliminary plat of The Greenway, which consists of 174 single family residential lots on 116 acres located generally west of Ipava Avenue and north of 192nd Street. Mr. Dempsey indicated that the approval and recommendations from the Environmental Affairs Committee and the Park and Recreation Committees have been distributed to the Planning Commission at tonight's meeting. • Mr. Dempsey stated that the subject property is located in District 5 of the Comprehensive Plan. District 5 includes the Heritage Commons and Central Area Planning Commission Meeting June 7, 2001 Page 19 of Lakeville. A principal feature of this area as identified in the Comprehensive Plan is the Greenway corridor that. connects environmentally sensitive lands within District 5. Mr. Dempsey stated that The Greenway preliminary plat area is .zoned PUD, Planned Unit. Development District. The PUD District allows for some flexibility. in design such as lot size and density in order to preserve the greenway corridor area and other natural features. Mr. Dempsey stated that The Greenway development will consist of two areas of single family lots divided by the proposed greenway corridor, which is .identified as Outlot E. The development southwesterly of Outlot E will be 92 lots with an average lot size of 14,270 square feet. The area northeasterly of Outlot E will be 82 lots with an average lot size of 15,450 square feet. Mr. Dempsey stated that the developer is requesting a 25 foot front yard building setback for Lots 1-8, Block 9 as part of the PUD Zoning. A 30 foot front yart building setback is required for single family lots. He stated that. Lot 8, Block 6 is • considered a corner lot as defined by the Zoning Ordinance and must be-100 feet wide at the front yard building setback line .unless approved by the Planning Commission as part of the PUD Zoning. Mr. Dempsey stated that The Greenway preliminary plat abuts Kenwood Trail (C.R. 50),192nd Street and Ipava Avenue. Kenwood Trail (C.R. 50) is designated as a high density minor arterial roadway. The ultimate roadway section is anticipated to be a four lane undivided roadway. This roadway section requires a 60 foot wide 1h right-of-way. Adequate right-of-way for C. R. 50 has already been dedicated. Mr. Dempsey indicated that no driveway access to C. R. 50 is allowed. Mr. Dempsey stated that Ipava Avenue is designated as a high density minor arterial/parkway. A 120 foot right-of-way width is shown on the preliminary plat .plans for Ipava Avenue consistent with the Ipava Avenue Improvement Project. No driveway access to Ipava Avenue is allowed. Mr. Dempsey stated that 192nd Street is designated as a major collector.. A 40 foot north half right-of-way is shown on the preliminary plat. 192nd Street was paved as part of the Ipava Avenue Improvement Project. The developer will be required to upgrade 192nd Street to an urban section with The Greenway development. No . driveway access to 192nd Street is allowed. Planning Commission Meeting June 7, 2001 Page 20 Mr. Dempsey stated that 190 Street is designated as a minor collector with a 100 foot right-of-way width. No driveway access will be allowed on 190 Street.. There will be a total of ten local streets, including 3 cul-de-sac streets constructed with the proposed Greenway preliminary plat. Street names have been provided by Dakota County. Mr. Dempsey stated that a Northwestern Bell easement and an existing public roadway, trailway, drainage, ponding, and utility easement must be vacated .with the final plat. Mr. Dempsey stated that a landscape plan has been submitted with the preliminary. plat that. shows extensive buffer yard screening along Ipava Avenue, 192nd Street. and Kenwood Trail (C.R. 50) as required by the Zoning Ordinance. Mr. Dempsey stated that the area of the preliminary plat located within 300 feet of the centerline of the tributary creek within. Outlot E is subject to Shoreland Overlay District requirements_ • Mr. Dempsey indicated that the developer hosted a neighborhood meeting on Thursday, May 31, 2001. Three of the four neighbors on the south side of 192nd Street attended the meeting to discuss the proposed upgrade of 192nd Street to an urban section with curb and gutter, sanitary sewer and water, and trails. A copy of the meeting minutes of the May 31, 2001 neighborhood meeting were included in the Planning Commission packets. Mr. Dempsey stated that Community and Economic Development Department staff recommends approval of The Greenway application preliminary plat subject to the 16 stipulations listed in the June 1, 2001 planning report. Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. 01.70 Motion by Detjen, Second by Michaud to close the public hearing at 9:15 p.m. Ayes: Detjen, Wulff, Michaud, Bellows, Drotning, Grenz. Nays: 0 The Commissioners held a discussion regarding the delineation of the rear property lines of the lots that back up to the greenway corridor and wetland within Outlot E. • Mr. Burton indicated that monumentation can be put in to mark property boundaries. The Commissioners agreed that it should be something visible. Planning Commission Meeting June 7, 2001 Page 21 The. Commission considered the possibility of the developer putting in a split rail fence along the rear line of their lots, but all the Commissioners agreed monumentation was preferred. Mr. Morey stated that the Development Contract could state that the developer must install above ground posts delineating the public park/greenway corridor from the private property. Commissioner Puncochar confirmed that this is the greenway corridor/park located within Outlot E and will be maintained by the City. Commissioner Wulff stated .that on Lot 4, Block 6, the driveway should be off of Ironriver Trail. Mr. Hanson stated that the driveway must meet the five foot side yard setback requirement. Commissioners expressed their support for the 25 foot front yard setback: on Lots 1- 8, Block 9 and the width of Lot 8, Block 6 as shown on the preliminary plat. This eliminates the need for Stipulations 5 and 6 of the June 1, 2001 planning report. • Mr. Morey suggested that the following two stipulations be added to the June 1, 2001 planning report based upon the Planning Commission s discussion: 17. The developer shall install "conservation area' posts at the rear lot corners of the lots abutting the north side of Outlot E. The developer shall install "public park" posts at the rear lot corners of the lots abutting the greenway corridor on the south side of Outlot E. 18. The grading plan shall be revised to extend the buffer yard berm across Outlot G adjacent to Kenwood Trail (County Road 50). 01.71 Motion by Wulff, Second by Michaud to recommend to City Council approval of the application of U.S. Home Corporation for a preliminary plat of 174 single family residential lots to be known as The Greenway, located east of Kenwood Trail (C.R. 50), north of 192nd Street, and west of Ipava Avenue, subject to the stipulations listed in the June 1, 2001 planning report, along with 2 additional stipulations discussed above and the deletion of Stipulations 5 and 6. Ayes: Wulff, Michaud, Bellows, Drotning, Grenz, Detjen. • Nays:0 Planning Commission Meeting June 7, 2001 Page 22 13: New Business A. Memo of Understanding for Exterior Building Materials in the RST-2 and RM-1-Districts. Community and Economic Development Director Arlyn Grussing summarized the memo of understanding included in the Planning Commission packets. He indicated that staff will be informing the developers of this memo of understanding as they come in with their projects. There being no further business, the meeting was adjourned at 10:05 p.m. Respectfully submitted, Penny Br vig ecording Secr ary . ATTEST: Karl Drotning, Chair