Loading...
HomeMy WebLinkAbout09-20-01 CITY OF LAKEVILLE Planning Commission Meeting Minutes SEPTEMBER 20, 2001 The September 20, 2001 Planning Commission meeting was called to-order by Chair Drotning in the City Hall Council Chambers at 6:05 p.m. Roll call of members was taken: Present:: Stolte, Grenz, Michaud, Drotning, Comer, Detjen, Wulff, Puncochar Absent: None Staff Present: Daryl Morey, Acting Community and Economic Development Director; Frank Dempsey, Associate Planner; Ron Mullenbach, Associate Planner; Leif Hanson, Zoning Enforcement Coordinator;.. Tim Hanson, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. Chair Drotning indicated that each .Planning .Commission meeting will begin with the Pledge of Allegiance. ITEM 3: APPROVAL OF MEETING MINUTES: .The September 6, 2001 Planning Commission meeting minutes were approved as amended. The September 6, 2001 Work Session minutes were approved as presented. ITEM 4: ANNOUNCEMENTS:. Associate Planner Frank Dempsey stated .that the following items were distributed to the Planning Commission members and staff before tonight's meeting: 1. September 18, 2001 Environmental Affairs Committee motions. 2. September 19, 2001 Parks and Recreation Committee minutes. 3. Copy of the .Covenants for Raven Lake Second Addition (regarding the Kline Special Home Occupation request). 4. Copy of a Petition from Jay Court residents regarding the Kline Special Home Occupation request. ITEM 5. CONSENT AGENDA 01.124 Motion by Wulff,. Second by Detjen to recommend to City Council approval of the September 20, 2001 Planning Commission Consent Agenda as .presented. Planning Commission Meeting September 20, 2001 Page 2 Ayes: Stolte, Grenz, Michaud, Drotning, Comer, Detjen, Wulff Nays:. 0 ITEM 6. TIMOTHY J. DOSS Chair Drotning stated that Timothy Ross has- formally withdrawn his request for a .conditional use permit to allow the construction of a detached accessory building greater than 15 feet in height and exceeding the maximum floor area of 656 square feet allowed in an RST-2 zoning district. ITEM7. PERFORMANCE OFFICE PAPERS Chair Drotning opened the public hearing for consideration of the application of Performance Office Papers. for a Variance to allow a lot without frontage on a public street, located at 21673 Cedar Avenue. Assistant City- Attorney Poehler attested than the legal notice had .been duly published in accordance with state statutes and City Code. Jack Matasosky of APPRO Development, presented the variance request. He indicated that Jeff Hoffman,. owner of Hoffman Countertops,. Joan Krejci and Russ DeFauw from Performance Office Papers, and Grant Jacobson. from Jacobson Engineers & Surveyors were in attendance tonight to answer questions: Mr. Matasosky stated that the situation with two buildings on one lot is unique to this one parcel.. Mr. Hoffman, who is the current tenant of the easterly Performance Office Papers building, indicated that he discussed the variance with other companies. around his, such as Carquest, Merillat Industries, Airlake Machine, and Scott LaFavre, and they indicated that they had no .problem with this variance request: He also noted that there will be no change in use of the bixilding,along Cedar Avenue. Mr. DeFauw,-owner of Performance Office Papers, stated that splitting and selling the property is necessary. before. they can expand their building located at 21565 Hamburg Avenue. David Licht from Northwest Associated Consultants (NAC) presented the planning report. He stated that representatives of Performance Office Papers have submitted. . applications for an administrative subdivision of an .existing industrial lot and a variance to allow an industrial lot- without frontage on a public street.. The subject Planning Commission. Meeting September 20, 2001 Page 3 property lies west of Cedar Avenue and north of Merillat .Industries.. Mr. Licht indicated that the proposed lot split would allow Performance Office Papers to sell the two buildings separately. Mr. Licht stated that the current parcel includes two industrial buildings. The proposed administrative subdivision would leave Parcel A without frontage on a public street. Parcel B would retain its frontage on Cedar Avenue. Mr. Licht gave a brief history of the subject. property. He stated that the City of Lakeville has in the past reviewed .and approved three parcel modifications to accommodate Performance Office Papers in their desired ownership flexibility and to enable maximum development of their site. Administrative Subdivision Analysis Mr. Licht statedthat the Subdivision Ordinance requires that lots must have direct access onto an improved public street and comply with Zoning Ordinance requirements. Mr. Licht compared the proposed administrative subdivision with Zoning Ordinance standards. Mr. Licht indicated that except for the street frontage requirement, the proposed Iots are in compliance with the minimum lot and setback requirements for the I-2 District. Mr. Licht stated that currently, parking. between the two buildings can be shared because the property is held under a single ownership.: He indicated that although a surplus. of parking spaces exists on Parcel B, separate ownership would not allow an increased intensity of uses on Parcel A without the approval of a conditional use permit: for off-site parking facilities, with. restrictions placed on the reuse of Parcel B. Since Performance Office Papers is proposing to move their operations, a change in use of their building .will occur. Mr. Licht stated that there would be five actions, which are listed in the September 14, 2001 planning. report, that would be necessary to approve the parking arrangements proposed with the administrative subdivision. Mr. Licht stated that if the administrative subdivision is approved, Parcel A would be provided access to Grenada .Avenue and Cedar Avenue... via .private access Planning Commission Meeting September 20, 2001 Page 4 .easements over .the Airlake .Machine & Welding property and Parcel B, respectively.. He indicated that without street frontage, Parcel A would be dependent upon the owners of the Airlake Machine & Welding property and Parcel B to maintain and keep clear accesses for public safety vehicles. Under the current single ownership, Performance Office Papers is solely responsible for maintaining access for public safety vehicles to their building. Mr. Licht indicated that the current site -also provides non-conventional access to loading docks by semi-tractor trailers. Performance Office Papers currently uses 78 % of their building for loading and .warehousing. The non-conventional access to loading docks and the lack. of access to rail would dictate that the building on Parcel A would not be used as a distribution center by a "new .owner. The same or increased intensity of .use. could be expected after a turnover in ownership. Variance Anal Mr. Licht reviewed the criteria for the consideration of variance requests.. He indicated that the past parcel. modifications provided to Performance Office Papers have resulted in'over utilization of the property. The deferred parking calculation and area reserved for future parking in compliance with the zoning ordinance was allowed to be reduced and eliminated at the request of Performance Office Papers in order to facilitate the sale of a portion of the site to Airlake Machine & Welding. Mr. Licht indicated that the parcel modifications were made with restrictions on the future. use of the Performance Office. Papers site, the specific operations and .the allocation of building space. Also, these .parcel modifications were made at the request of .the owner of Performance Office Papers to accommodate his business plans. Mr. Licht stated that this is an extremely unique situation as the potential for an illegal, non-conforming situation is likely. Under standard parking requirements for the Performance Office Papers building, 142 parking spaces would be required. There is a deficit. of 15 parking spaces with little or no opportunity to provide the .required number of spaces should the. activities or allocation of .space on the Performance Office Papers site change..- Mr. Licht indicated: that the. addition of another property owner into the mix of interdependency of the parcels and use restrictions is not. viewed as advisable or a precedent which should be set in .general, or for those other developments which are part of the original Cedar 70 Business Park development. Planning Commission Meeting September 20, 2001 Page 5 Mr. Licht stated that Community and Economic Development Department staff recommend denial of the Performance Office Papers variance request for the 4 reasons listed in the September 14, 2001 planning report. Chair. Drotning opened the. hearing to the public for comment. Ms. Joan Krejci :from Performance Office Papers commented that it was ironic that Airlake Machine was one of the tenants in the building that Mr. Hoffman wants to purchase, and they are the ones that purchased the :land to the west from Performance Office Papers, which she felt .created this whole problem. She indicated that they were trying to help another business (Airlake Machine) find a place to locate and that's what they are trying to do for Mr. Hoffman. Ms. Krejci also stated that parking has never been an issue for them even when they had all of their manufacturing in the one building. 01.125 Motion by Michaud, Second by Comer to close the Public Hearing at 6:40 p.m. Ayes: Michaud, Drotning, Comer, Detjen, Wulff, Stolte, Grenz. Nays: 0 Commissioner Grenz .asked what happens if adjoining property owners- restrict access to the site. Mr. Licht stated that the legality of accessing property is not an issue. What becomes an issue is the. maintenance of the property. The City doesri t have direct control and it becomes a safety issue. Chair Drotning asked Mr. Licht what the City was trying to accomplish with the original Cedar 70 Business Park development.. Mr. Licht indicated that under the Planned Unit Development (PUD), it would be under one ownership, function as one unit and serve: as an "incubator" type industrial area. .Under the lease arrangement, small start-up businesses could operate until. they could afford to build their. own building. Mr. Licht indicated that they may want to consider a shopping center or condominium approach rather than a variance. Chair Drotning asked if there was a shoreland overlay issue with this building. Planning Commission Meeting September 20, 2001 Page 6 Mr. Licht stated .that the property is not located within the. Shoreland Overlay District. Commissioner Wulff wanted to know more about condominium ownership. Assistant City Attorney Poehler indicated .that she is not familiar with such arrangements for commercial properties. Chair Drotning confirmed.. that the applicant has not shown a hardship with this request. He stated ,that the request should be tabled until more information is known about the condominium idea. Commissioner Comer would like to have more information regarding condominium ownership for the Planning Commission s consideration. Commissioner Michaud wanted an explanation of maintenance responsibilities with shared accesses. Mr. Licht explained that a PUD has one owner that deals with maintenance. With the variance request, the city would-not have one owner responsible for maintenance issues. Commissioner Michaud asked if there were any outstanding stipulations associated with the previous approvals. Mr. Licht stated that the developer has complied under single ownership with all the standards previously imposed. He indicated that there is no .prohibition on the change of ownership for a parcel.. If the owner wants to sell part of his business,. he may do so. The Zoning Ordinance does. not deal with the sale of property. Mr. Matasosky stated that the owner would like the variance request to be tabled ' while they consider the condominium idea and shared maintenance and. access agreements. Chair Drotning stated that Exhibit D of the planning report shows that buildings A,B,C, and D have common ownership. Buildings A,B, and D have .direct access. He stated this situation is not unique since- the lot directly north of Performance Office Papers could potentially request similar actions. Chair Drotnng stated the applicant must submit a letter requesting a specific Planning Commission date to consider this request. Planning Commission Meeting September 20, 2001 Page 7 01.126 Motion by Comer, Second by Michaud to recommend tabling the variance request. to a date to be determined by the applicant. Ayes: Drotning, Comer, Detjen, Wulff, Stolte, Grenz, Michaud. .Nays: 0. ITEM 8: JOAN B. KLINE Chair Drotning opened the public hearing to consider the application of Joan B. .Kline for a Special Home Occupation Permit to allow the operation of a hair salon business in asingle-family residence, located at 18024 Jay Court. Assistant .City Attorney Poehler, .attested that the legal notice had been duly published in accordance with state statutes and City Code. Joan Kline was in attendance at tonight's meeting to answer any questions- the Planning Commission or the public may have. Chair Drotning asked. Assistant City Attorney Poehler what the City policy was on covenants. Ms. Poehler stated that the City is bound to it's own ordinances and state law.. The covenants are between the property owner and the declarent and are recorded against the property. The ..City cannot base their decision on the covenants. Chair Drotning indicated to Ms. Kline .that the Planning Commission cannot interfere with the covenants.. In the past, covenants have been adjusted to allow for a home based business. Mr. Leif Hanson stated that we have 15 active Special. Home Occupations on record. The City has never received a complaint from an approved Special Home Occupation. Ms. Kline stated that she had not received these covenants before tonight. Chair Drotning .explained that Ms. Kline. can go ahead. with the process tonight and the Planning Commission can listen to the neighbors. But, even if the Planning Commission voted. yes for the Special Home Occupation Permit, it would not override the covenants which state in part, , "No lot shall be used except for residential. purposes." Chair Drotning suggested that Ms. Kline may want to talk to her neighbors regarding the interpretation of the covenants. Chair Drotning explained. that after a Special Home Occupation has been in business for one`year, they .must come back to the Planning Commission for review Planning Commission Meeting September 20, 2001 ..Page 8 and to request an extension of the special home occupation permit. Thereafter, it is a 3 year renewal process. Chair Drotning opened the hearing to the public for comment. Diane Swanson, 18031 Jay Court. Ms. Swanson stated that Ms. Kline had started her business before she received a permit. Ms. Swanson wanted to know what the City does when this happens. ; Ms. Poehler indicated that in such a case the city would go forth with their enforcement procedure. Chair Drotning explained that the City's enforcement is typically based on the receipt of a complaint. After a complaint is received, the City staff follows up to determine the exact nature of the complaint and to obtain compliance with City codes and ordinances. Al Schneider, customer and friend of Ms. Kline, stated that he felt Ms. Kline could alleviate the fears of the neighborhood by communicating with her neighbors. Chair Drotning stated that this type of activity has not been a problem in the past as long as the applicant follows all the stipulations of approval of the special home occupation permit. He stated that the Planning Commission has never denied a request for a Special Home Occupation. Ms. Kline requested that her application for a Special Home Occupation be tabled so she can have. time to look over the covenants and to talk to her neighbors. 01.127 Motion by Wulff, Second by Comer to table Joan Kline's application for a Special Home Occupation permit to a date to be determined by a written request from Ms. Kline. Ayes: Comer, Detjen, Wulff, Stolte, Grenz, Michaud, Drotning. Nays:.0 Break at 7:15 p.m. Reconvened at 7:30 p.m. ITEM 9: JEFFREY ZEIEN Chair Drotning opened the public .hearing to consider the application of .Jeffrey. Zeien for a Conditional Use Permit to allow the construction of a detached accessory building which would .result in a total accessory building area greater Planning Commission Meeting September 20, 2001 Page 9 than 1,100 square feet in the RS-3, Single Family Residential District, located at 18849 Orchard Trail. Assistant City Attorney Poehler, attested. that the legal notice had been duly published in accordance with state statutes and City Code. Jeffrey and Teresa Zeien were in attendance to answer any questions that the Planning Commission or public may have. Associate .Planner Frank Dempsey presented. the planning report. Mr. Zeien has submitted an application for a conditional use permit to allow the construction of a detached garage (accessory building) on his property at 18849 Orchard Trail,. which is 1.5 .acres in area. The detached accessory building is proposed to be used for the storage of Mr. Zeien s personal .property. Mr. Dempsey stated that the proposed building will be 1,102 square feet in area. The existing garage is 480 square feet for a total proposed accessory building area of 1,582 square feet. Mr. Dempsey .indicated that the Zoning Ordinance allows a maximum of 1,100 square feet of accessory building area. for interior lots in the RS- 3, Single Family Residential District unless approved by conditional use permit. Mr. Dempsey indicated that the existing house was constructed on an unplatted, metes and bounds parcelin 1966. The-proposed new garage would be constructed to the north and just west of the existing house. He stated that the garage would be accessed. from an .extension, which is not shown on the survey, from the existing. driveway. Mr. Dempsey stated that the applicant proposes to use the garage space for storage of .yard maintenance equipment and other personal property. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of Jeffrey and Teresa Zeien's Conditional Use Permit, Community and Economic Development staff recommend approval subject to the 8 stipulations listed in the planning report and approval of the Findings of Fact, dated September 20, 2001.: Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. 01.128 Motion by Comer, Second by Wulff to close the public hearing at 7:35 p.m. Ayes:. Wulff, Stolte, Grenz, Michaud, Drotning, Comer, Detjen. Nays: 0 ° Planning Commission Meeting . September 20, 2001 Page 10 Commissioner Wulff stated that .this was a routine matter. It is a larger parcel and she didn't see the request presenting any problems. Chair Drotning stated than the stipulations should be revised to state no home occupations or commercial activities are permitted. Chair Drotning indicated that Exhibit F shows a floor drain in the proposed garage.. One of the stipulations for approval states no sewer or water service shall be permitted to the detached garage. -Chair Drotning wanted the floor drain to be removed from. the plans because the floor drains would require connection to sanitary sewer. Chair Drotning stated that the plan must be revised to show driveway access to the proposed garage. Mr. Dempsey recommended a modification to stipulation G and .the addition of two stipulations to read as follows:. Stipulation g. No home occupations or commercial activities are permitted to operate-from any accessory building on the property. Stipulation i. The floor plan shall be revised to eliminate the floor drains prior to City Council consideration of the conditional use permit. Stipulation. j: The survey shall be revised to include a bituminous driveway between the existing driveway and the new accessory building .prior to City Council consideration of the conditional use permit. 01.129 Motion' by Stolte, Second by Comer to recommend to City Council approval of the application of Jeffrey Zeien for a Conditional Use Permit to allow the construction. of a detached accessory building which would result in a total accessory building area greater than.1,100 square feet in the RS-3, Single Family Residential District, located at 1$849 Orchard Trail, subject to the 8 stipulations listed in the planning report, with the modification to stipulation g. and the addition of 2 stipulations as stated, and approval of the Findings of Fact dated September 20, 2001, as amended. Ayes: Stolte, Grenz, Michaud, Drotning, Comer, Detjen, Wulff. Nays: 0 ITEM 10: FOX MEADOWS Chair Drotning opened the public hearing to consider the application of Dean R. .Johnson Construction, Inc. and the City of Lakeville for the vacation of a permanent Planning Commission Meeting September 20, 2001 Page 11 public drainage, utility, stormwater and ponding easement, recorded as Document No. 354865, and the vacation of a portion. of 188 Street public roadway easement, 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 statestatutes and City Code. And also to consider. the. Phase 1 Final Plat of 22 attached townhouse lots and 16 twinhome units. .The developer for Fox Meadows, Dean Johnson, was in attendance at tonight's meeting to answer any questions that the Planning Commission or the public may. have. Acting Community .and Economic Development Director Daryl Morey presented the planning report. Mr. Morey stated that Dean R. Johnson, representing Dean R. Johnson Construction, Inc., has submitted an application for. the final plat of Fox Meadows, which proposes the development of 22 .attached .townhouse lots, 16 twinhome Iots, 1 common area lot, and 22 outlots on 36.77 acres of land located south of 185 Street (C.S.A.H. 60) and west of Kenwood Trail (C.S.A.H. 50). The Fox Meadows final. plat plans have been distributed to the Environmental Affairs Committee and Parks and Recreation Committees and their recommendations have been. distributed to the Planning Commission at tonight's meeting.. Easement Vacation Mr. Morey stated that in conjunction with the final plat and consistent with past practice, the developer and City staff are requesting thee. vacation of a public. drainage, utility,. stormwater and ponding easement as well as a portion of 188 Street public roadway easement located between Kenwood Trail and the Canadian Pacific railroad. Mr. Morey. indicated that the public drainage, utility, stormwater and ponding. easement is located on the east side of the Fox Meadows plat .within Outlot J. The storm water line was previously relocated so this easement is no longer necessary. Mr. Morey stated that excess right-of-way exists for 188 Street. The developer will: reconstruct 188 Street from Kenwood Trail to the CP railroad tracks with the development of the Fox Meadows final plat. 188 Street will be shifted south of its Planning Commission Meeting September 20, 2001 .Page 12 current location. As such, the excess right-of-way located on the south side of the Fox Meadows plat can be vacated. Mr. Morey stated that staff notified the electric, gas, telephone and .cable television companies of .the proposed easement vacation. To date, Minnegasco and Frontier Communications have responded that they have no objections to the easement vacation provided a 20 foot wide public. drainage and utility easement is .established on the Fox Meadows final plat over the .existing utility lines located along the north. side of 188 Street. Mr. Morey indicated the Fox Meadows final plat does includes this easement. The overhead electric and telephone lines on the north side of 188 Street must be buried underground. Final Plat Mr. Morey stated that the subject property is zoned RM-1, Medium Density Residential District and O-R, Office/Residential Transition District. Approval of a rezoning from RS-3 to RST-2 for the four twinhome lots located south of 188 Street was ,approved. with the preliminary plat subject to the approval and recording of the Fox Meadows final. plat. Mr. Morey indicated that. the phasing plan for Fox Meadows has been revised due to the lateness in the construction season. The first development phase has been scaled back to include 22 of the 82 attached .townhouse units approved with the preliminary plat and .all 16 twinhome units. - The second development phase will include the remaining. 60 attached townhouse units. Mr. Morey stated that the developer originally intended to create a Common Interest Community (CIC) plat for the .units in each of the attached townhouse buildings. The developer is now .proposing separate lots for each of the row- townhouse units. Mr. Morey stated that all 16 twinhome lots meet lot area requirements. The. developer made the adjustment to the widthof Lots 6-11, Block 1 prior to tonight's Planning Commission meeting, so the width requirements have been met for all 16 twinhome lots. Mr. Morey summarized the landscaping needed for the Fox Meadow final plat, which are described in detail in the planning report. The last sentence of Stipulation 15 regarding cost figures that .include the construction of the attached townhouse buildings can be deleted because the figures .have been provided by the developer. Planning Conunission Meeting September 20, 2001. Page 13 Mr. Morey stated that the Zoning Ordinance requires that a homeowners association be established for the attached townhouse portion of the Fox Meadows development. These homeowners association documents have been submitted. by the developer for review and approval by the City Attorney. Mr. Morey stated that should the Planning Commission recommend to the City Council approval` of the Fox Meadows final. plat and easement vacation requests, Community and Economic Development Department staff recommend approval subject to the 17 stipulations listed in the planning report, as amended and eliminate Stipulation 4 and the last sentence in Stipulation 15. Chair Drotning opened the hearing to the public for comment. Andy Nagel,. 18813 Kenwood Trail. His property is adjacent to the south. of the Fox Meadows development. He is questioning whether the property line is correct because he found a nail in his driveway which he felt could be the mark for the propertyline. Mr. Nagel .wanted to know if he would be losing a portion of his driveway turnaround which encroaches into the Fox Meadows plat. Also, he has. approximately 10 Arborvitaes along the edge of his property that may be located within the Fox _Meadows plat. Lon Larson, 16895 Jalisco. Trail East, Pastor of Family of Christ Lutheran Church. Mr. Larson wanted to make a statement about the construction going on in Lakeville. Chair Drotning suggested that the Citizens Comment segment of the City Council meeting would be amore appropriate place to make his statement. Don Bergquist, .17141 Kirben Avenue. Mr. Bergquist asked if 188 Street would remain open when 185th Street is closed for construction next year. Chair Drotning asked Tim Hanson to give a timeline on the closure of the. 188th Street .crossing of the railroad tracks. Mr. Hanson stated that an agreement was reached between the City and the railroad company that the 188th Street crossing of the railroad tracks would occur after north-south street connections between 188th Street and 185th Street were completed on both sides of the. railroad tracks. Orchard Trail was constructed between 188 Street and 185th Street on the west side of the railroad. tracks with the .Orchard Meadows development. Joplin Avenue will connect 188th Street and 185 Street with the second phase of the Fox Meadows development, which will likely occur in the Fall of 2002 at the earliest. At that time, the railroad company may request that the 188 Street crossing be closed. Planning Commission Meeting September 20, 2001 Page 14 01.130 Motion by Michaud, Second by Detjen to close the public hearing at-8:05 p.m. Ayes: Grenz, Michaud, Drotning, Comer, Detjen, Wulff, Stolte. Nays: 0 Chair Drotning asked Mr. Morey about the. encroachments. Mr. Morey stated .that the elimination of all encroachment was listed as a stipulation of the preliminary plat and is consistent with City policy. Mr. Morey indicated that the Arborvitaes are not identified on the final plat plans. This encroachment is an issue between Mr. Nagel and Mr. Johnson. If they were to stay, they would become part of the Fox Meadows property, Mr. Johnson indicated that he does not have a .problem leaving the bushes where they are. Chair Drotning asked if Mr. Nagel were to build onto his home, would it require a planning action. _Mr. Morey stated that if there are non-conformities, it would require a conditional. use permit. Commissioner Grenz asked if we know for sure if this nail in the driveway is the property line. Mr. Johnson stated that he didri t know if the nail is the property line. He indicated. that he has no need to remove the driveway encroachment. He stated that the association documents could stipulate use by Mr. Nagel Commissioners Grenz and Wulff felt that the south plat line should be field located so Mr. Nagel. can see the extent of the encroachment. Ex-officio Puncochar asked Mr. Nagel if Dakota County put the nail in his pavement to mark the property Line. Mr. Nagel. didri t .talk to the county or a surveyor at that time so he does not know. Chair Drotning suggested that Mr. Nagel move the trees to make sure they are on his .property. Commissioner Detjen referred to stipulation 6 requiring that the existing buildings located within Lots 1 and 2, Block 3 be removed. He wanted to know if there. is any well or septic system in this location. Mr. Morey stated that none are identified on the survey submitted with the Fox Meadows plat. Mr. Johnson indicated that Mr. Brooks' relatives have stated that the well has been properly capped. Planning Commission Meeting September 20, 2001 Page 15 Commissioner Stolte referred to stipulation 3 regarding recommendations from the Dakota .County Plat Commission. He indicated that the DCPC's letter raises the issue of noise. Mr. Morey indicated that this is a standard statement included in the Plat Commission s review of every subdivision located along a county road. The buffer yard setback and berming/landscaping requirements address this issue. Chair Drotning stated that the developer prepared a cross section drawing along C. R. 50 with the preliminary plat. He stated that the townhouses will. be lower than the road. He indicated that the Planning Commission had a fair amount of .discussion about landscaping during their review of the preliminary plat. Chair Drot.~xaig asked about the Environmental Affairs Committee recommendation regarding the requirement of using phosphorus-free fertilizer. Mr. Morey indicated that this is similar to recommendations they have made for. other townhouse developments located adjacent to DNR protected wetlands and/ or streams. 01.131. Motion by Detjen, Second by Comer to recommend. to the City Council approval of the Fox Meadows final plat and easement vacation requests, subject to the stipulations listed in the September 14, 2001 .planning report with the elimination of Stipulation 4 and an amendment to Stipulation 15. Ayes: Michaud, Drotning, Comer, Detjen, Wulff, Stolte, Grenz: Nays: 0 Break at 8:30 p.m, Reconvened at 8:45 p.m. ITEM 11. PRAIRIE LAKE SKETCH PLAN Chair Drotning opened discussion to consider the Prairie `Lake sketch plan of 76 single family lots, 6 twinhome units, and 222 townhouse units, located north of 185 Street (C. R. 60) and west of Kenyon Avenue. Lee Johnson, Senior. Vice President of Thompson. Land. Development presented the Prairie Lake Sketch Plan. He indicated that this is a mixed. use project .with many environmental challenges and a large number of wetlands. He stated that the plan is the result of ten months of study with .City staff and planning, engineering and environmental consultants. Planning Commission Meeting September 20, 2001 Page 16 Mr. Johnson .indicated that the size of the proposed development requires an Environmental Assessment Worksheet. He is requesting sketch plan .approval by the City in order to start the EAW process. Mr. Johnson stated that there are 158.4 acres. gross to be preliminary platted now with a 6.8 acre expansion on the west to be preliminary. platted shortly thereafter. The property is bounded on the east by the I-35 freeway, on the south by 185 Street and Lake Marion, on the west by Brackett's Crossing golf course, and on the north by Lake Villa Golf Estates subdivisions and an undeveloped parcel of land zoned RH-1. Mr. Johnson indicated that they are proposing 126 townhomes on the northerly and westerly portion of the RH-1 district. There are 12 buildings with 6, 8 or 12 townhomes per building. The townhomes are adjacent to the proposed single. family lots and are generally separated from that use by wetlands. He indicated that guest parking is scattered throughout the townhome portion of the site. Mr. Johnson stated that the very southeast portion of the RH-1 zone, adjacent to the freeway .interchange, is not being. preliminary platted at this time. Consistent with the RH-1 zoning, .they are conceptually showing 80 multiple dwelling units; however, the .number of units will depend on actual design. Eighty units are estimated for the EAW process. Mr. Johnson stated .that in the RM-1 zoning district there is 14 net acres (excluding wetlands, buffer strips and street right-of-way). He indicated they are proposing 96 townhomes and 6 twinhomes in the RM-1 District. A separate 1.3 acre parcel is ..proposed to be rezoned Office/Residential Transition District with an intended primary use being a daycare center. Mr. Johnson indicated that the RM-1 portion of the sketch plan lies within the 1,0©0- .foot Shoreland Overlay District of Lake Marion. Within the. Shoreland Overlay District there is 20.4% proposed impervious surface and 66.2% open space. _ Mr. Johnson stated that in the RS-1 zoning district there is 46.9 net acres (excluding wetlands, buffer strips, wooded open space, ponds and park). He indicated they are proposing 76 single family homes with a requested rezoning from RS-1 to RS-2. The proposed homes will meet or exceed .the scope and scale of the abutting Lake Villa Golf Estates single family neighborhood. Mr. Johnson stated that Lundgren Brothers Construction will be building and marketing the single family homes. Planning Commission Meeting September 20, 2001 Page 17 Mr. Johnson indicated that a variance for cul-de-sac length is requested in the northeast portion of the RS-2 District between two wetlands.. A through road. into the RH-1 zone is not desirable, and the extra length hardship is due to the non- .useable, narrow entrance length between the two wetlands. There are 11 homes on the cul-de-sac which isles than would be on a 600-foot long cu-de-sac, which is the maximum .allowed by the Subdivision Ordinance. A high percentage of the RS-2 District is covered with wetlands. There is no filling of the larger Department of Natural. Resources (DNR) controlled wetland basins. On the lots adjacent to Basins 15 and 18, the 17-foot wetland buffer is proposed to be controlled by the City through a conservation easement rather than .fee ownership. Mr. Johnson stated that they anticipate a joint submission with Brackett's Crossing Golf Club to preliminary plat and rezone a portion of their property for twinhomes. These twinhomes will have a homeowners association that will own the common ground adjacent to the golf course, and, therefore, will maintain a landscaped edge between the twinhomes and the .golf course. Mr. Johnson indicated that they have walked the golf course with Brackett's Crossing management personnel and their consensus opinion is that neither land use will negatively affect the other. Mr. Johnson stated that the RS-2 zone also contains a layout for a public park for the neighborhoods west of I-35. Mr. Johnson stated that the sketch. plan includes a layout of-the facilities proposed for the park. The final layout of the facilities will be determined by the. City when the park is .constructed,. In .addition to the north/south sidewalk connection along Kingsway Path between the Lake Villa. neighborhood and 185 Street, they are proposing over 6100 feet of internal sidewalks to better connect the single family homes and townhomes to the park.. Mr. Johnson indicated that he doesri t know if he agrees with the Parks and Recreation Carnmittee's-recommendation of additional sidewalk along the. street on the westerly -side of the plat. He feels they have already shown more than enough sidewalk, but he indicated that if it is made a stipulation, they will abide by it. Mr. Johnson stated that last spring they prepared a wetland mitigation plan based on a previous sketch plan iteration for review by the. Wetland Technical Evaluation Panel The panel rejected that. plan, so they have made 6 of .the TEP panel's recommended changes to the sketch plan, which are listed in the narrative of this project.. .Planning Commission Meeting September 20, 2001 Page 18 Acting Community and Economic Development Director Daryl Morey reiterated that an EAW will be required with this project. Mr. Morey .indicated .that the Parks and Recreation .Committee likes to connect parks with he City's. trailway network. That is why the Parks and Recreation Committee is suggesting the possibility of an additional sidewalk along the street on the westerly side of the plat. Mr. Morey stated that there was a neighborhood meeting open house held prior to the Planning Commission meeting tonight. Most of the resident comments and questions were regarding proposed transportation improvements and traffic on 185 Street.. Commissioner Michaud asked Mr. Morey to confirm the need for the cul-de-sac variance.. Mr. Morey stated that .600 feet is the maximum length for a cul-de-sac allowed by ordinance. The length of one of the proposed cul-de-sac streets is 1100 feet. He indicated that the alternative would be to connect 2 cul-de-sacs, which would not be desirable .because it would mix the single family and townhouse internal traffic. Commissioner Detjen asked about access to the vacant RH-1 property located north of Prairie Lake. Mr. Morey stated that access to that property would be off of Kenyon Avenue. Chair Drotning commented that Mr. Johnson. could have proposed a higher density on the RH-1 portion of the site by proposing apartment buildings, but chose townhomes to blend better with his overall development. Commissioner Wulff questioned the possibility of a 50 foot right-of-way. for the long cul-de-sac street.. Mr. Morey confirmed that 50 feet is proposed. Commissioner Stolte thought this was a very well thought .out plan. Regarding. traffic, he wanted to know whether the west proposed street connection to 185 will have a traffic signal. Mr. Morey indicated .that the westerly connection will likely not have a traffic signal. Dakota County would determine if the intersection met warrants. for a traffic signal Commissioner Detjen questioned Parks and Recreation Committee member Messinger's comment. suggesting that a "lot near the proposed park be moved back, spread out the amenities and try to avoid an overlay within the park." Planning Commission Meeting September 20, 2001 - Page 19 Mr. Morey stated a final recommendation on the proposed park will be made by the Parks and Recreation Committee with their review of the preliminary plat. Chair Drotning asked how much park land dedication is required for this development. Mr. Morey stated that a 10 acre park land dedication is proposed, which is consistent with the land dedication in the past for neighborhood parks. Commissioner Wulff indicated that having parking close to the ball fields is important. Mr. Johnson stated that they are considering this and that there may be .room for some parking spaces adjacent to the ball field. Chair Drotning stated that he was not concerned about the cul-de-sac length. Variances for cul-de-sar length have been approved in the past in environmentally sensitive areas. Chair Drotning suggested that the developer examine ways to more evenly locate the guest parking throughout the townhouse portion of the site. Commissioner Detjen asked what the proposed timeline is for this project. Mr. Johnson indicated that they were hoping to be on the October 1, 2001 City Council agenda for sketch plan approval.. Then they would prepare the EAW, which has a 30 day review period. They would -like the preliminary plat and EAW to be reviewed at the same time. He :felt if would be January before the EAW was completed.. Chair Drotning asked about the proposed O-R District lot. Mr. Morey indicated that it would be designated as an outlot on the initial preliminary plat. A preliminary and. final. plat and rezoning could be processed simultaneously when this portion of property is ready to be developed. Chair Drotning reiterated that the O-R District does not allow intense commercial uses. Commissioner .Wulff commented. that the daycare idea is very .appropriate because it is not an intense use. Chair Drotning asked if there were any comments from the audience. Ron. Bach dives at Brackens Crossing. He thinks this a great project. However, because he uses 185 Street everyday, he thinks that Prairie. Lake should not be developed until after 185 Street improvements are complete. Wanted to know when full build out of project is expected. Planning Commission Meeting September 20, 2001 Page 20 Mr. Johnson indicated that occupancy will likely start after January 2003. Full build out, with 80 - 120 units platted a year, will be in approximately 4 to 5 years from . initial occupancy. 01.132 Motion by Grenz, Second by Wulff to recommend to the City Council approval of the Prairie Lake Sketch plan of 76 single family lots, 6 twinhome units, and 222 townhouse units, subject to the 5 stipulations listed in the planning report. Ayes: Drotning, Comer, Detjen, Wulff, Stolte, Grenz, Michaud. Nays: 0 There being no further business, the meeting was adjourned at 9:55 p.m. Respectfully submitted, u .Penny ev" , .Recording S ary ATTEST: Karl Drotning, Chair