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HomeMy WebLinkAbout06-21-01 CITY OF LAKEVILLE Planning Commission Meeting Minutes JUNE 21, 2001 The June 21, 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, Comer, Detjen, Wulff, Puncochar Absent:.. None Staff Present: 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 June 7, 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. Copy of letter of Resignation from David Bellows. 2. June 20, 2001 Parks & Recreation Committee minutes regarding Fox Meadows, The Oaks of Lakevilla, and the Schrock Addition. 3. June 19, .2001 Environmental Affairs Committee minutes regarding ,Fox Meadows and The Oaks of Lakevilla. 4. For Agenda Item 8 -Lakeville Family Housing, revised plan with no grills. 5. For Agenda Item 9 -The Oaks of Lakevilla, letter from Johnson-Reiland. 6. For Agenda Item 10 - e-mail to Frank Dempsey regarding the Swim School. 7. Copy of the Environmental Assessment Worksheet (EAW) for the proposed. TimberCrest at Lakeville retail development. ITEM 5. CONSENT AGENDA: JAMES MCCABE Special Home Occupation Permit No. 00-06 01.72 Motion by Detjen, Second by Comer, to recommend to City Council approval of the June 21, 2001 Planning Commission Consent Agenda as follows: Planning Commission Meeting June 21, 2001 Page 2 • A. Approval of the application of James McCabe for athree-year extension of a Special Home Occupation Permit, approved by the City Council on August 7, 2001, to allow the continued operation of a photography studio in a single family residence, located at 9965 - 208 Street. Ayes: Michaud, Bellows, Grenz, Drotning, Comer, Detjen, Wulff. Nays: 0 ITEM 6. PERFORMANCE OFFICE PAPERS Associate Planner Ron Mullenbach stated that following the discussion at the June 7, 2001 Planning Commission meeting, City staff searched the City's archives for additional information related to the existing building at 21565 Hamburg Avenue. He indicated that an inspections house file, microfiche plans from 1989, and an economic development business file were reviewed to determine the actual chain of events that. led to the Performance Office Papers building becoming non- conforming. These events are listed in the June 18, 2001 planning report. • Mr. Mullenbach and City staff determined that to clear up issues related to future development of this lot, it is recommended that approval of the variance also encompass the 1980 original building and 1989 expansion. By granting a variance for the existing and proposed structures,. the building becomes conforming and the conditional use permit is not required. Future expansion would only require a .building permit application and site plan approval. Mr. Mullenbach indicated that. staff has reviewed the parking. lot non-conformity identified in the June 1, 2001 planning report. He stated that by allowing a 2 foot curbed overhang, developers will be able to reconstruct the parking lot to meet the 15 foot setback from the new Hamburg Avenue right-of-way, as well as stall size and drive aisle width requirements. The applicant has agreed to this modification. 01.73. Motion by Bellows, Second by Detjen to approve the Findings of Fact .and Recommendation supporting a variance for the existing and proposed structures contingent upon the six stipulations contained in the June 1, 2001 planning report and the additional stipulations g. and h. Ayes: Bellows, Grenz, Drotning, Comer, Detjen, Wulff, Michaud. Nays: 0 Planning Commission Meeting June 21, 2001 Page 3 • ITEM 7: PUBLIC HEARING: WILLIAM H. EMOND Chair Drotning opened the public hearing for consideration of the application of William H. Emond for a Conditional Use Permit to allow accessory building floor area in excess of 656 square feet in the RS-CBD, Single Family Residential -CBD District, located at 20670 Holyoke Avenue. Assistant City Attorney Poehler, attested that the legal notice had been duly published in accordance with state statutes and City Code. William and Virginia Emond were 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.. William. Emond has submitted an application for a conditional use permit to allow an expansion to his existing detached garage, located at 20670 Holyoke Avenue. Mr. Mullenbach stated that the combination of the proposed addition and existing detached garage • would be greater than the 656 square feet of accessory building floor area permitted in the RS-CBD, Single Family Residential CBD District. Mr. Mullenbach stated that a conditional use .permit is required to allow total accessory building floor area greater than 656 square feet in the RS-CBD District. The proposed 24' x 14' (336 square foot) addition .and the existing 24' x 22' (528 square foot) detached accessory building would bring the total accessory building floor area to 864 square feet. Mr. Mullenbach summarized the staff analysis which is in the June 15, 2001 planning report. Mr. Mullenbach stated that the subject property is zoned RS-CBD, Single Family Residential CBD District and is surrounded by Single Family Dwellings to the north, south, and east. On the west side is Holyoke Avenue and Babe's Restaurant. Mr. Mullenbach stated that the Emond existing detached garage and the proposed addition .meet all setback requirements of the RS-CBD District. He indicated that the driveway is also set back in excess of the 5 foot minimum from the side lot line. • Mr. Mullenbach stated that the applicant is requesting approval of a conditional use permit for the construction of a 336 square foot addition onto the existing detached Planning Commission Meeting June 21, 2001 Page 4 garage. The total proposed accessory building floor area would be 864 square feet, which is approximately 7.8% of the lot area. Mr. Mullenbach stated that the proposed garage addition will be located east of the existing garage. The applicant is .requesting the increased accessory building floor area to accommodate room for his woodworking hobby. The applicant has agreed that no home occupation may take place in the detached garage. Mr. Mullenbach stated that he has attached a list of approved conditional use permits for accessory .building floor area exceeding the maximum requirements since 1980. Mr. Mullenbach stated that should the Planning Commission recommend to City Council approval of the Conditional Use Permit for William Emond, Community & Economic Development Department staff recommends approval subject to the 4 stipulations listed in the planning report and approval of the Findings of Fact dated June 21, 2001. Chair Drotning opened the hearing to the public for comment. There z~~ere no comments from the audience. 01.74. Motion by Comer, Second by Michaud to close the Public Hearing at 6:15 p.m. Ayes: Grenz, Drotning, Comer, Detjen, Wulff, Michaud, Bellows. Nays: 0 Chair Drotning asked Mr. Mullenbach if Mr. Emond would ever be able to have a second accessory building on his lot. Mr. Mullenbach indicated that the maximum floor area would apply no matter if it is one or two accessory buildings, and any additional accessory building floor area could only be approved by conditional use permit. 01.75 Motion by Michaud, Second by Wulff to recommend to the City Council approval of the application of William H. Emond for a Conditional Use Permit to. allow accessory building floor area in excess of 656 square feet in the RS-CBD, Single . Family Residential -CBD District, located at 20670 Holyoke Avenue, subject to the 4 stipulations listed in the June 15, 2001 planning report and approval of the Findings of Fact dated June 21, 2001. Planning Commission Meeting June 21, 2001 Page 5 i Ayes: Drotning, Comer, Detjen, Wulff, Michaud, Bellows, Grenz. Nays: 0. ITEM 8: PUBLIC HEARING: LAKEVILLE FAMILY HOUSING Chair Drotning opened the public hearing to consider the application of the Dakota County Community Development Agency for an amendment to Planning Unit Development/Conditional Use Permit No. 2000-08 to allow an amendment to the site plan for the construction of a picnic shell/gazebo, located south of 210 Street, north of Lakeville Boulevard (County .Road; 50) and east of Hamburg Avenue. Assistant. City Attorney Poehler, attested that the legal notice had been duly published in accordance with state statutes and City Code. Greg Peterson, Contract Manager for the Dakota County Community Development Agency (CDA) was in attendance to answer any questions that the Planning Commission or the public may have. Mr. Dempsey stated that on January 18, 2000, the City Council approved the rezoning of the property from R-2, Single Family Residential District to R-5, Medium Density Residential District (now RM-1, .Medium Density Residential District); a preliminary and final plat and PUD/CUP to allow the construction of the 29 rental townhomes. The PUD/CUP .was required for the CDA's townhome development located north of Lakeville Boulevard (County Road 50) and east of Hamburg Avenue to allow more than one principal building on the property. Mr. Dempsey stated that the proposed gazebo will be 16' x 16' (256 square feet). The gazebo will be located next to the tot-lot area and guest parking lot on the south side of the development. He indicated that the gazebo will include picnic tables as well as outdoor barbecue grills that were not previously identified on the approved site plan. The proposed gazebo will be constructed with .brick columns and open walls. It will also have an asphalt shingle roof. The brick and roof will match the existing townhome buildings. Mr. Dempsey stated that staff has concerns regarding the proposed barbecue grills within the gazebo and tot-lot area. After consulting with the Building Official and Fire Marshall, staff recommends .that the barbecue grills not be-included in the development plan for the gazebo. due to the proximity of the grills to the tot-lot and the adjacent .residential unit. Mr. Dempsey indicated that the two grills are proposed to be located 5 to 6 feet from the east wall of one of the units. Staff is concerned about the potential fire and injury hazard should the grill be Planning Commission Meeting June 21, 2001 Page 6 unsupervised. In addition, the proposed location of the grill to the adjacent units could pose a nuisance for smoke as well as a potential fire hazard. Mr. Dempsey .stated that the Dakota County CDA has agreed to remove the grills and has provided an amended site plan which was distributed to the Planning Commission at tonight's meeting .for their consideration. of the PUD/CUP amendment. In light- of the amended ,site plan, Stipulation C will be deleted from the motion. Mr. Dempsey stated that should the Planning Commission recommend to City Council approval of the Planned Unit Development/Conditional Use Permit for Lakeville Family Housing Limited Partnership 2, Community & .Economic Development Department staff recommends approval subject to the 3 stipulations ..listed in the planning report and approval of the Findings of Fact dated June 21, 2001. Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. 01.76 Motion by Michaud, Second by Comer to close the public hearing at 6:25 p.m. Ayes: Comer, Detjen, Wulff, Michaud, Bellows, Grenz, Drotning. Nays: 0 Commissioner Wulff commented that she thought this was a high quality project. 01.77 Motion by Wulff, Second by Michaud to recommend to City Council approval of the application of the Dakota County Community Development Agency (FDA) for an amendment to Planned Unit Development/Conditional Use Permit No. 2000-08 to allow an amendment to the site plan for the construction of a picnic shelter/gazebo, located south of 210th Street, north of Lakeville Boulevard (County Road 50) and east of Hamburg Avenue, subject to the 3 stipulations listed in .the June 15, 2001 planning report and approval of the Findings of Fact, dated June 21, 2001. Ayes: Detjen, Wulff, Michaud, Bellows, Grenz, Drotning, Comer. Nays: 0 9. PUBLIC HEARING: THE OAKS OF LAKEVILLA (continued from the June 7, 2001 Planning Commission meeting) Planning Commission Meeting June 21, 2001 Page 7 Chair Drotning opened the .public hearing to consider the application of Johnson- Reiland Construction for a preliminary plat of 29 single family residential lots and 22 single family detached townhouse lots to be known as The Oaks of Lakevilla, .located west of Kenyon Avenue, north of 179th Street, and east of Keokuk Avenue and rezoning of the plat area from RM-1 District to RST-2 District. Assistant City Attorney Poehler, attested that the legal notice had been duly published in accordance with state statutes and City Code. Chair Drotning noted that this item had been tabled at the June 7, 2001 Planning Commission meeting. Rick Osberg of James R. Hill, Inc., representing Johnson-Reiland Construction, was in attendance to answer any questions that the Planning Commission or public may have. Mr. Osberg presented a summary of the preliminary plat of The Oaks of Lakevilla. He displayed a drainage. map and showed drainage patterns on the site. He felt that the development will not have a negative impact on the properties downhill. Assistant Community Development Director Daryl Morey presented the planning report for The Oaks of Lakevilla. Mr. Morey stated that Dan Reiland, representing Johnson-Reiland Construction, Inc., has .submitted an application for the preliminary plat of The Oaks of Lakevilla, which proposes the development of 29 single family lots and 22 detached single family townhouse lots on 33.77. acres of land located west of Kenyon Avenue, north of 179th Street, and east of Keokuk Avenue. Mr. Morey stated that the developer has also submitted an application to rezone the property from RM-1, Medium Density Residential District to RST-2, .Single and Two Family Residential District to allow the mixed development of single family lots and single family detached townhouse lots. Mr. Morey stated that the parent parcel is larger than the area included in the preliminary plat. The area of the preliminary plat coincides with the RM-1 District zoning. The parent parcel must be administratively subdivided prior to the developer recording The Oaks of Lakevilla final plat. The parent parcel was previously down-zoned as part of the Lake Villa Golf Estates. 9th Addition preliminary and final plat process. The current rezoning request is an additional down-zoning of the property. . Mr. Morey stated that The Oaks of Lakevilla development for single family homes and single family detached townhomes is consistent with the District 1 recommendation that development be integrated with the natural features of the Planning Commission Meeting June 21, 2001 Page 8 site. He indicated that the proposed land use is less intensive, consistent with. the single family homes and single family detached townhomes in the surrounding Lake Villa Golf Estates neighborhood. Mr. Morey stated that there is an existing private .utility easement that bisects the property.. Because this existing. easement is located in an area of proposed single family detached townhouse .building pads, it must be relocated prior to consideration of The Oaks of Lakevilla final plat. Also, Mr. Morey indicated that any existing public easements located within the preliminary plat boundaries must be vacated with The Oaks of Lakevilla final plat. Outlot A of the plat includes approximately 7 acres of wetland and wetland buffer ....area and park land dedication.. The park land will include a passive park with trail connections following a proposed sanitary sewer trunk line. Outlot A and the .other three ponding outlots will be deeded to the City of Lakeville with the final plat. The proposed preliminary plat meets all performance standards of the RST-2 District. Building plans have been submitted for the detached townhomes which show a building height of 22 feet.. Therefore, the building setback between detached. townhomes is 22 feet. Two building pads must be revised to meet this setback. The developer is required to set-up a homeowners association for the detached townhomes. This requirement will be reviewed with the final plat. The developer has submitted documentation that show compliance with the exterior building material and garage size requirements of the RST-2 District. Mr. Morey stated that 179 Street is a major collector. Right-of-way is being dedicated consistent with subdivision ordinance requirements. The trail will be constructed within the platted right-of-way. Buffer requirements apply to the units along 179 Street and Keokuk Avenue. A natural berm exists along the roadways. Staff will review the final plat grading plan to identify opportunities for additional berming. The landscape plan provides for enhancement of landscape screening where the existing tree cover may have gaps. Mr. Morey. stated that The Oaks of Lakevilla preliminary plat has been reviewed by the Dakota County Soil and Water Conservation District and their report ,is .included in the packet materials. Planning Commission Meeting June 21, 2001 Page 9 The Environmental Affairs Committee met on June 19~ and recommended approval of The Oaks of Lakevilla preliminary plat, including the proposed wetland mitigation and tree preservation. The Parks and Recreation Committee met on June 20th and recommended approval of the preliminary plat plans, including the land dedication and proposed trail system. Mr. Morey stated that should the Planning Commission recommend to City Council approval of The Oaks of Lakevilla preliminary plat and RM-1 to RST-2 rezoning, Community & Economic Development Department staff recommends approval .subject to the 15 stipulations listed in the June 15, 2001 planning report (except for Stipulation #8 which has been completed by the developer) and approval of the Findings of Fact dated June 21, 2001. Chair Drotning opened the hearing. to the public for :comment. Donna Sarazin -.11485 West 172nd Street Ms. Sarazin raised concerns regarding whether downstream storm water runoff will increase from the development because of additional impervious surfaces. Robert Grim -11445 West 172nd Street Concern was a very old 12 inch concrete pipe that nobody knows who owns. What happens if this pipe breaks? ] C Keister -11518 -172nd Street West Stated that he would like to express his general displeasure with the ongoing development in the area. 01.78 Motion by Comer, Second by Michaud, to close the public hearing at 7:05 p.m. Ayes: Wulff, Michaud, Bellows, Grenz, Drotning, Comer, Detjen. Nays: 0 Mr. Osberg addressed the proposed ponding and drainage on the property. He addressed Ms. Sarazin s concerns by describing the proposed retention/ detention ponding. Assistant City Engineer Tim Hanson addressed Mr. Grim s concern related to the existing concrete pipe. Mr. Hanson stated that the City's policy is to fix major drainage problems like the one Mr. Grim described as they arise by working with all affected property owners. Planning Commission Meeting June 21, 2001 Page 10 Comm. Wulff asked when Keokuk Avenue will connect to 172nd Street. Mr. Hanson stated that the improvement would occur as part of the development of the adjacent property. Mr. Morey added that the ultimate design of Keokuk Avenue is consistent with the land use/zoning boundaries in the area. A portion of the route would cross the Queen Anne property. Comm. Wulff then asked if the undergrowth surrounding the significant trees along Kenyon Avenue at 178 Street would be maintained to provide a visual screen. Mr. Osberg stated that the undergrowth would be left in its natural state. Comm. Wulff also requested staff clarification of the ISD #194 letter. Mr. Morey stated that the letter relates to the upcoming bond referendum. The school district's ability is tied to the approval of the bond referendum, according to the letter. Comm. Comer asked what elementary school would serve the development. The development area is presently served by Lake Marion Elementary. Comm. Grenz asked whether there would be a culvert under 178 Street and what size it would be. Mr. Osberg stated that the culvert would be 8 inches in diameter. The pond on the south side of 178 Street has been designed to hold a 100-year rain event. Break at 7:30. Reconvened at 7:40. Chair Drotning asked City staff to provide an overview of the drainage in the area. Mr. Hanson overviewed drainage patterns on both sides of Interstate 35 and around the project area. He also stated the developer has minimized impervious surfaces within the development and incorporated ponding to achieve a no net gain in runoff from the .project site. Mr. Hanson noted that the development as proposed meets the requirements of the storm water management plan. Mr. Osberg stated that the developer has addressed Stipulation # 7 in the planning report, regarding revisions to the plans for setbacks between buildings. 01.79 Motion by Comer, Second by Wulff to recommend to the City Council approval of the .application of Johnson-Reiland Construction for a preliminary plat of 29 single family residential lots and 22 single family detached townhouse lots to be known as The Oaks of Lakevilla, and the application for. 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, Planning Commission Meeting June 21, 2001 Page 11 subject to the 14 stipulations listed in the June 15, 2001 planning report, and approval of the rezoning Findings of Fact dated June 21, 2001. Ayes: Michaud, Bellows, Grenz, Drotning, Comer, Detjen, Wulff. Nays: 0 10. PUBLIC HEARING:: SCHROCK ADDITION Chair Drotning opened .the public hearing to consider the application of Peter Schrock for a preliminary and final plat to be known as the Schrock Addition, located north of 165th Street and west of Jonquil Avenue. Assistant. City Attorney Poehler, attested that the legal notice had been duly published in accordance with state statutes and City Code. ~1r. Peter Schrock was in attendance tonight to answer any questions the public or t11e Planning Commission may have.. Also in attendance was John Matthews from 1VIet-Con. Associate Planner Frank Dempsey presented the planning report for the Schrock Addition. Mr. Dempsey stated that Peter and Katherine Schrock have applied for a preliminary and final plat of one lot and one block to be known as the Schrock Addition. The Schrocks propose to construct and operate a swim school on the property. They currently operate a similar facility in Eagan. Mr. Dempsey indicated that the subject 2 acre property was preliminary platted as Outlot A, Malmberg Bond Addition in 1998. The existing Malmberg .Bond Addition consists of one lot, one block and one outlot. The existing Children's World day care is located. on Lot 1, Block 1, Malmberg Bond Addition. The subject project is zoned OR, Office/ Residential Transition District. Swim schools are a permitted use in the OR District. Mr. Dempsey .stated that the proposed swim school property and the Children's World. property and the properties that abut 165th Street west to the Gopher Mini Storage, were rezoned from B-4, General Business District to O-R, Office/Residential Transition District in 1999 with the City Council's approval of the updated Zoning Ordinance. The proposed building is proposed to be located toward the front of the lot at the • setback line. The building materials are pre-cast concrete panels. The layout of the property was dictated for the most part by the Malmberg Bond Addition concept plan and the setback between driveways on 165th Street. Planning Commission Meeting June 21, 2001 Page 12 The tree preservation plan indicates that all significant trees will be saved with development of the swim school. Engineering staff has reviewed the proposed grading, drainage .and erosion control plan and recommends approval in their June 15, 2001 report. The Parks and Recreation Committee reviewed the proposed plat at their June 20, 2001 meeting and recommended approval subject to a cash contribution. Mr. Dempsey indicated that grade separations and landscaping at the perimeter tie in well with adjacent properties and the property immediately south of the proposed driveway entrance. Several parking lot. landscaped islands are recommended ..within the parking lot area to improve circulation. Staff is recommending that the developer utilize high pressure sodium lighting, which. has a softer effect that the metal halide lighting that is proposed,. consistent with discussions. at the Children's World Day Care public hearing. Mr. Dempsey stated that should the Planning Commission recommend to City Council approval of the Schrock Addition preliminary and final plat, Community and Economic Development Department staff recommends approval subject to the 12 stipulations listed in the June 15 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. 01.80 Motion by Michaud, Second by Detjen to close the public hearing at 8:15 p.m. Ayes: Bellows, Grenz, Drotning, Comer, Detjen, Wulff, Michaud. Nays: 0 Comm. Michaud asked that someone explain how speed limits are set and explain the classification of 165 Street. Mr. Hanson stated that 165 Street is a major collector street. The proposed driveway lies westerly of a crest in the roadway. Those vehicles which are traveling at or below the speed limit, which is 45 mph, provide adequate response time for turning movements. A low volume of fraffic for a major collector is projected for 165 Street. Planning Commission Meeting June 21, 2001 Page 13 Comm. Bellows asked whether there is a lighting issue for the adjoining property owner at the neighborhood meeting. Mr. Dempsey stated that the main issue was noise and that elevation changes and tree cover mitigate most noise and light impacts. Comm. Wulff asked whether the tree line on the north side of the site would be impacted. Jon Matthews of Met-Con stated that the tree line would not be impacted. Soil conditions prevent development of the most. northerly portion of the site. Comma Wulff stated that evergreen trees may be needed to provide a buffer in the winter. Mr. Matthews stated that the developer would provide evergreen screening, as recommended by Stipulation #10. Staff recommended that the landscaping plan be revised prior to City Council consideration. Comm. Bellows asked whether the Eagan facility was near a residential area. The developer stated that the Eagan facility was in a commercial area. Comm. Grenz asked what the hours of operation will be. Mr. Schrock stated that classes run from 9:00 AM to 8:00 PM. Mr. Schrock stated that he is also considering opening the facility to lap swimming and other programs. Overall, there would be little traffic on site .after 8:00 PM. Chair Drotnng raised concerns related to pedestrian safety within the parking lot near the front door of the facility. Mr. Matthews explained that the site plan includes. a 12 foot wide drop-off lane adjacent to the door, a 24 foot wide two-way access drive, and 18 foot deep stalls adjacent to the front door. .The site has been designed to provide good pedestrian circulation, vehicle circulation, and provide the required number of parking spaces. Comm. Comer asked how many parking spaces are required for the site. Mr. Schrock described the number of people that could be in the building at peak hours. Mr. Dempsey explained that on a visit to the Eagan facility he observed the typical traffic patterns for a swim school and stated that he is confident that the number of parking spaces being proposed will be able to prevent. on-street parking during peak hours. Comm. Detjen asked if the Eagan facility was comparable. Mr. Schrock indicated • that the Eagan facility is shared with a scuba diving school and the number of students is smaller. However, he .felt that the number of parking stalls proposed would easily accommodate expected traffic. Planning Commission Meeting June 21, 2001 Page 14 Comm. Bellows. stated that he felt the parking layout is acceptable, but that due caution by parents and children is required in all parking lots. 01.81 Motion by Detjen, Second by Grenz to recommend to the City Council approval of the application of Peter Schrock for a preliminary and final plat to be known as Schrock Addition, located north of 165 Street and west of Jonquil Avenue, subject to the 12 stipulations listed in the June 15, 2001 planning report. Ayes: Grenz, Drotning, Comer, Detjen, Wulff, Michaud, Bellows. Nays: 0 Break at 8:50 p.m. Reconvened at 9:00 p.m. 11. PUBLIC HEARING: FOX MEADOWS Chair Drotning opened the public hearing to consider the application of Dean R. Johnson Construction, Inc. for the following: A) a preliminary plat of 98 attached townhouse units to be known as Fox Meadows; B) the rezoning of a portion of the property from RS-3, Single Family Residential District to RST-2, Single and Two Family Residential District; and C) a variance to allow a private loop drive in the RM-1, Medium Density Residential District, located south of 185 Street (C.R. 60) and west of Kenwood Trail (C.R. 50). Assistant City Attorney Poehler, attested that the legal notice had been duly published in accordance with state statutes and City Code. Dean Johnson, representing Dean R. Johnson Construction, Inc. was in attendance at tonight's meeting to present their application for the preliminary .plat of Fox Meadows.. Mr. Johnson described his background and the proposed project. Assistant Community Development Director Daryl Morey presented the planning report. Mr. Morey stated -that Dean Johnson, representing Dean R. Johnson Construction, Inc. has submitted an application for the preliminary plat of Fox .Meadows, which proposes the development of 82 attached townhouse units and 16 twinhomes on approximately 37 acres of land located south of 185 Street (C.S.A.H. 60) and. west of Kenwood Trail (C.S.A.H. 50). In conjunction with the preliminary plat, the developer has submitted applications to: 1) rezoning a .portion of the subject property from RS-3 to RST-2 to allow the construction of two twinhome buildings, and 2) a variance to allow a private loop drive. • he first rezonin re uest is for the Tex Brooke property, which went on the market T g q during the planning for this project. The developer is requesting a rezoning to RST- Planning Commission Meeting June 21, 2001 Page 15 2 to allow the construction of twinhomes on the property in fulfillment of the transition requirement of the RM-1 District. The rezoning request is seen as a positive in that it will redevelop a blighted property. Mr. Morey addressed the layout of the site and the phasing of the development. A total of 6 outlots are proposed. City staff is recommending that Outlots E and F be removed from the plat and left as metes and bounds properties. This would allow these remnants to be combined with adjoining properties along County Road 50. Right-of-way dedication consistent with the Subdivision Ordinance is shown on the preliminary plat. This includes right-of-way for 185 Street (CSAH 60), which is planned to be expanded to four lanes in 2002. 188 Street is scheduled to be closed as part of an agreement with Canadian Pacific Railroad.. Joplin Avenue will provide local street access to the subdivision. A 50 foot right-of-way width in an environmentally sensitive area is also proposed. Engineering and Dakota County Soil and Water Conservation ..District staff have reviewed the proposed grading, drainage and erosion control plans and recommend approval in their report, which were attached to the planning report. The Environmental Affairs Committee met to consider the proposed plat and recommended approval at their June 19, 2001 meeting. Mr. Morey .discussed the floor plans and exterior building materials of the townhome and twinhome units. The proposed storage area provides adequate interior storage in a suitable location. A internal storm shelter will also be provided by the developer, consistent with FEMA guidelines. Mr. Morey explained that the variance for a private loop street is required due to the unique natural characteristics of the property and the desire to avoid impacts to wetlands. Guest parking is provided consistent with Zoning Ordinance requirements. Landscaped berms have been provided where possible based on grades along County Road 50. Berming along 185 Street is not required due to the setback of the townhome buildings. Changes to stipulations for Fox Meadows which were listed in the June 15, 2001 planning report: Stipulation #4 has been met. • Stipulation #10 - B,C,D have been met. Planning Commission Meeting June 21, 2001 Page 16 New Stipulations: 22. The plans shall be revised to a minimum 20 foot exclusive driveway apron provided in front of the garage for the west unit of Lot 2, Block 1. 23. The landscape plan shall be revised to include additional spruce trees in places where there are no existing trees on the south sides of Lots 1 and 2, Block 4. 24. All encroachments into the preliminary plat boundaries shall. be eliminated. Mr. Morey stated that should the Planning Commission recommend to City Council approval of .the Fox Meadows preliminary plat, rezoning and variance, Community and Economic Development Department staff recommends approval subject to the revised stipulations as listed above and in the June 15, 2001 planning report, and approval of the findings of Fact for the rezoning and the Findings of Fact for the variance, both dated June 21, 2001. • Chair Drotning opened the hearing to the public for comment. Andy Nadel -18813 Kenwood Trail Mr. Nagel stated that a berm adjacent to the twinhomes south of 188 Street may require the removal of an oak tree. He also asked whether there is a screening requirement between the new twinhomes and the existing single family homes. 01.82 Motion by Bellows, Second by Detjen to close the public hearing ,at 9:45 p.m. Ayes: Drotning, Comer, Detjen, Wulff, Michaud, Bellows, Grenz. Nays:. 0 Mr. Morey stated that the berming along County Road 50 will be reviewed with the final plat.. The developer. will be required to integrate existing vegetation with the proposed landscape plan. He also stated that there is no scree}~ing requirement between the two uses. However, the developer could agree to plantings on his own. Comm. Wulff noted that one of the buildings on the loop drive must be re-oriented • to prevent .conflicts on driveways. The building .could be shifted closer to Joplin Avenue.. Wayne Lamareux of Pioneer Engineering stated that the developer would look at reconfiguring these units. Planning Commission Meeting June 21, 2001 Page 17 Comm. Michaud asked whether the Zoning Ordinance requires parking within the driveway. Mr. Morey stated that there is no parking required in the driveway, but that most residents will parking in their driveway. Mr. Johnson stated that shifting the patio on the end unit will most likely provide the necessary area to shift the building. The developer agreed to work on this improvement prior to submittal of the final plat plans. Chair Drotning asked Mr. Nagel whether he would be interested in combining the remnant parcels with his property. Mr. Nagel stated that he and the developer have discussed this possibility. Comm. Grenz -asked if the storage area could be finished. Mr. Johnson stated that legally the storage room could not be converted to livable area. Mr. Johnson is considering constructing the storage room as his FEMA storm shelter.. Chair Drotning asked Mr. Lamareux to review the grading plan with the Planning Commission. Mr. Lamareaux presented cross-sections showing the relationship of .the townhome buildings to County Road 50. Chair Drotning then discussed the screening adjacent to Mr. Nagel's property. Mr. Johnson agreed to place additional evergreen trees on the two lots south of 188tH Street as necessary. Comm. Michaud asked whether the garages .are acceptable as proposed or .will additional. garage floor area be required. The Planning Commission members agreed- that the garage floor area must meet the minimum requirement fora slab- on-grade townhome. Mr. Morey stated that some of the stipulations mayneed to be revised based on the Planning. Commission's discussion: 25. the plans shall be revised so a minimum 20 foot exclusive driveway apron is provided in front of the garage for the west unit of Lot 2, Block 1. 26. The landscape plan shall be revised to include additional spruce trees on the south sides of Lots 1 and 2, Block 4. 27. All encroachments into Lot 1, Block 4 must be eliminated. • d that the drivewa was installed by Dakota County. The Planning Mr. Nagel state y Commission agreed that the encroachments should be eliminated. Planning Commission Meeting June 21, 2001 Page 18 01.83 Motion by Bellows, Second. by Wulff to recommend to City Council approval of the application of Dean R. Johnson Construction for the following: A) a preliminary plat of 98 attached townhouse units to be known as Fox Meadows; B) the rezoning of a portion of the property from RS-3, .Single Family .Residential District to RST-2, Single and Two Family Residential District; .and C) a variance to allow a private loop drive in the RM-1, Medium Density Residential District, located south of 185 Street (C.R. 60) and west of Kenwood Trail (C.R. 50), .subject to the revised stipulations as listed above and in the June 15, 2001 planning report, and approval of the Findings of Fact for the rezoning and the Findings of Fact for the variance, both dated June 21, 2001. Ayes: Comer, Detjen, Wulff, Michaud, Bellows, Grenz, Drotning. Nays: 0 12. NEw BUSINESS. Mr. trussing stated that City staff is requesting a joint meeting with the Planning • Commission and Environmental Affairs Committee on July 26, 2001 at 6:00 PM. The meeting would provide for a presentation and review of the Timbercrest at Lakeville Environmental Assessment Worksheet (EAW), which was handed out at this evening's meeting. Planning Commission members agreed to meet at that time. Chain Drotning. thanked Comm. Bellows for his years of service on the Planning Commission.. There being no further business, the meeting was adjourned at 10:30 p.m. Respectfully submitted, Penny B e 'g, Recording cr ary ATTEST: Karl Drotnin ,Chair g