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HomeMy WebLinkAbout12-07-00 CITY OF LAKEVILLE Planning Commission Meeting Minutes • DECEMBER 7, 2000 The December 7, 2000 Planning Commission meeting was called to order by Chair Drotning in the City HaII Council Chambers at 6:00 p.m. Roll call of members was taken: Present: Bellows (arrived at 6:05), Moates, Drotning, Rieb, Comer, Wulff Absent: Kot Staff Present: Arlyn trussing, Director of Community and Economic Development; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Tim Hanson, Assistant City Engineer; Andrea McDowell Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. The November 16, 2000 Planning Commission meeting minutes were approved as presented. The November 16, 2000. Planning Commission Work Session minutes were approved as presented. Item 4. Announcements City Planner Daryl Morey indicated that a draft of the minutes of the December 5, 2000 Environmental Affairs Committee (EAC) meeting had been distributed to the Planning Commission outlining the EAC recommendation and motion far the preliminary plat, grading, erosion control and tree plans for Century Ridge. The Planning Commission members said thank you to Commissioner Moates and Commissioner Rieb for their many contributions to the Planning Commission. The two Commissioners have resigned their appointments to the Planning Commission. Item 5. Public Hearin: Twin Cities Harley Davidson Easement Vacation Chair Drotning opened the public hearing for consideration of the vacation of the public drainage and .utility easement located on the north, south and east boundaries of the Rademacher Addition, south of 165 Street and east of Kenrick Avenue. Assistant City Attorney :Poehler attested that the Legal notice had been duly published in accordance with state statutes. Associate Planner Frank Dempsey presented the application for the vacation of the public drainage and utility easement on property located at 10770 -165 Street. Planning Commission Meeting December 7, 2000 Page 2 • Mr. Dempsey noted that on November 16, 2000, the Planning Commission reviewed and recommended approval of the Harley Davidson Addition preliminary and final plat and conditional use permit to allow Twin Cities Harley Davidson to plat their property and expand the building to include a loading dock facing 165 Street. Mr. Dempsey indicated that the developer will submit revised plans to address the stipulations recommended by the Planning Commission prior to City Council consideration of the preliminary and final plat, conditional use permit and easement vacation. Consistent with past practice and in conjunction with the Twin Cities Harley Davidson preliminary and final plat and conditional use permit, Leo Kuelbs, owner of Twin Cities Harley Davidson is requesting the vacation of public drainage and utility easements on the .property located within the existing Harley Davidson plat. Mr. Dempsey stated that there are two properties underlying the existing Twin Cities Harley Davidson building. The west half of the site is an unplatted metes and bounds described parcel with no underlying drainage and utility easements.., The east half of the site is platted as the Rademacher Addition. The proposed building addition requires a new preliminary and final plat for the entire property. City policy requires that all underlying drainage and utility easements be vacated • prior to the approval of a re-plat of the property. Mr. Dempsey stated that the proposed Harley Davidson Addition will dedicate drainage .and utility easements around the boundaries of the entire property. The drainage and utility easement width is being increased along part of the east boundary of the property to accommodate the slope and part of the pond area located to the east. Mr. Dempsey stated that all utility companies that serve the area and have a potential interest in the proposed easement vacation have responded that they have no objection to the easement vacation as proposed. Mr, .Dempsey stated that should the Planning Commission recommend to City Council approval of 'the drainage and utility easement vacation request,. Community and Economic Development staff recommends that this easement vacation be subject to the recording of the final plat of Harley Davidson Addition. There were no comments from the audience. 00.127 MOTION by Moates, Second by Wulff to close the public hearing at 6:05 p.m. • Ayes: Bellows, Moates, Drotning, Rieb, Comer, Wulff. Nays: 0, .Planning Commission Meeting December 7, 2000 Page 3 00.128 MOTION by Wulff, Second by Comer to recommend to the City Council approval of the vacation of the public drainage and utility easement located on the north, south and east boundaries of the Rademacher Addition, south of 165 Street and east of Kenrick Avenue subject to the recording of the final plat of Harley Davidson Addition. Ayes: Moates, Drotning, Rieb, Comer, Wulff, Bellows Nays: 0. Item 6. Public Hearin: City of Lakeville Right-of-Way Vacation Chair Drotning opened the public hearing for consideration of the application of the City of Lakeville for the vacation of a portion of Kenrick Avenue road right-of- way adjacent to property located north of 210 Street (CR 70), south of 205 Street, and. east of Interstate 35. Assistant City Attorney Poehler attested that the legal notice had been duly published and mailed in accordance with. state statutes, Associate Planner Dempsey presented the staff report. Mr. Dempsey stated that on May 15, .2000, the City .Council approved the vacation of a portion of Kenrick • Avenue road right-of-way upon the application of an adjacent landowner, Lakeville Land, Limited. He indicated that Lakeville Land, Limited deeded a portion of their property, identified as Parcel C, to the City of Lakeville as part of the Kenrick Avenue right-of-way vacation approved on May 15, 2000. Mr. Dempsey stated that Parcel C allows the City to trade parcel ownership with Frontier Communications, which owns a parcel immediately west of the existing City well site. Mr. Dempsey stated that this trade of parcels allows Frontier Communications a larger more usable parcel with direct access to Kenrick Avenue. The City will benefit, stated Mr. Dempsey, due to current restrictions requiring increased development setbacks, or buffer zone, around City well sites. Mr. Dempsey stated that Kenrick Avenue has excess road right-of-way between 205 Street and 210 Street. Following the vacation of the Kenrick Avenue excess right-of-way, the City will retain 103.4 feet of right-of-way for Kenrick Avenue consistent with Kenrick Avenue's designation as a major collector roadway in the Comprehensive Transportation Plan. He indicated that Kenrick Avenue right-of- way adjacent to the City well site will be vacated by the City at a later date. Mr. Dempsey indicated that the utility companies involved have no objection to the proposed. Kenrick Avenue right-of-way vacation. • There were no comments from the audience. Planning Commission Meeting December 7, 2000 Page 4 • 00.129 Motion by Rieb, Second by Comer to close the public hearing at 6:15 p.m. Ayes: Drotning, Rieb, Comer, Wulff, Bellows, Moates Nays: 0 Commissioner Wulff wanted to know what happens to the existing billboard located on the parcel Frontier will deed to the City. Mr. Dempsey indicated that the City Attorney has stated that the current billboard lease runs until 2033 and has "grandfather' rights to remain on the property. 00.130 Motion by Rieb, Second by Wulff to recommend to the City Council approval of the proposed vacation of a portion of Kenrick Avenue road right-of-way adjacent to property located north of 210 Street (CR 70), south of 205 Street, and east of Interstate 35. Ayes: Rieb, Comer, Wulff, Bellows, Moates, Drotning Nays: 0 Item 7: Public Hearin: Amendment to the 2000 Park, Trail and Open Space System Plan • Chair Drotning opened the public hearing for consideration of an Amendment to the 2000 Park, Trail and Open Space'System Plan. Assistant City Attorney Poehler attested that the legal notice had been duly published and mailed in accordance with state statutes. Community and Economic Development Director Arlyn Grussing presented the staff report. Mr. Grussing stated that on August 2, 1999, the City Council .adopted the Corridor and Gateway Design Study, which established design guidelines for the future enhancement of designated transportation corridors and gateways within the City of Lakeville. The Parks and Recreation Advisory Committee is recommending that the 2000 Comprehensive Park, Trail and Open Space System Plan be .amended to incorporate the Corridor and Gateway Design Study. The community's gateway and corridor locations are closely associated with the City's trail system. Mr. Grussing stated that the gateway locations are along major transportation corridors. that are anticipated to include sidewalks or trails. Mr. Grussing stated that to incorporate the Corridor and Gateway Design Study into the 2000 Park, Trail and Open Space System Plan, paragraph 9, is recommended to be added to Chapter 7, Community Trails. The added language is identified in the November 30, 2000 planning report. • Planning Commission Meeting December 7, 2000 Page 5 Mr. Grussing indicated that the. Parks and Recreation Advisory Committee reviewed the proposed amendment at their November 22, 2000 special meeting and unanimously recommended approval. Mr. Grussing stated that the Community and Economic Development and Park and Recreation Departments recommend approval of the proposed amendment. There were no comments from the audience. 00,131 Motion by Bellows, Second by Moates to close the public hearing at 6:20 p.m. Ayes: Drotning, Rieb, Comer, Wulff, Bellows, Moates Nays: 0 00.132 Motion by Bellows, Second by Moates to recommend to the City Council approval of an amendment to the 2000 Park, Trail and Open Space System Plan incorporating the 1999 Corridor and Gateway Design Study. Ayes: Rieb, Comer, Wulff, Bellows, Moates, Drotning. Nays: 0 . Item 8: Public Hearin: MESA III -Richard Schuller Chair Drotning opened the public hearing for consideration of MESA III (Richard Schuller) for the vacation of public drainage and utility easements located within lots 1-11, Block 6, Golden Pond First Addition and the preliminary and final plat of Golden Pond Villas. Assistant City Attorney Poehler attested that the legal notices had been mailed and published in accordance with state statutes. Chair Drotning continued the public hearing for Item 8, MESA II, until Mr. Schuller arrives. Item 9. Public Hearin: American Tower Corp. Chair Drotning opened the public hearing for consideration of the application of American Tower Corp. representing AT&T Wireless Services for an amendment to Planned Unit Development/Conditional Use Permit No. 97-14 to allow another service provider to co-locate communications equipment by constructing an extension to increase the height of the existing telecommunications tower by an additional 25 feet. The existing tower is located on Minnesota Department of Transportation property at 16850 Kenrick Avenue. Assistant City Attorney Poehler • attested that the legal notice had been mailed and published in accordance with state statutes. Planning Commission Meeting December 7, 2000 Page 6 • Mr. Jason Hall, Senior Zoning Representative from American Tower Corporation, stated that AT&T needs better service in Lakeville so they have applied for an amendment to Planned Unit Development/Conditional Use Permit No. 97-14 to allow a 25 foot extension to the existing 75 foot tall cellular telephone tower is currently on the MnDOT property located at 16850 Kenrick Avenue. Mr. Hall also stated that they are willing to extend the existing berm and landscaping located on the east side of the MnDOT property as requested by a neighboring property owner at the October 19, 2000 neighborhood meeting hosted by American Tower. Mr. Dempsey presented the staff report and indicated that the purpose of theCUP amendment is to allow the co-location of a new cellular service company (AT&T Wireless Services) on the existing tower now operated by American Tower Corporation. Mr. Dempsey stated that on September 15, 1997, the City Council. approved a Planned Unit Development/Conditional Use Permit .(PUD/CUP) to allow the construction of a 75 foot .tall cellular telephone tower and antenna at the MnDOT maintenance facility site. He indicated that the tower was installed and has been in operation since 1997 and complies with all requirements of the approved . PUD/CUP. Mr. Dempsey indicated that a stipulation of the PUD/CUP included language that requires that any additional equipment or extension to the tower would require an amendment to the PUD/CUP. He stated that under the new Zoning Ordinance standards for personal wireless service antennas, a co-location on an existing structure would not require a Conditional Use Permit. Mr. Dempsey indicated that Section 11-30-17 of the Zoning Ordinance allows antennas to be located on existing structures by administrative permit. There is no height limit if the antenna is located on an existing structure. If the antenna. is not located on an existing structure, Mr. Dempsey stated that the maximum height is 75 feet in commercial districts. unless approved by an interim use permit. Mr. Dempsey stated that the existing tower and antenna height is 80 feet. The proposed height of the tower with the new antenna will be 100 feet. AT&T states in their September 29, 2000 letter that a minimum separation of 20 feet is required between their proposed antenna and the existing Verizon Wireless (previous US West New Vector) antenna. Mr. Dempsey stated that the MnDOT property is zoned C-3, General Commercial District. The MnDOT maintenance facility is a permitted use in the C-3, General • Commercial District. The proposed antenna extension and equipment building are also allowed uses in the C-3 District. Planning Commission Meeting December 7, 2000 Page 7 Mr. Dempsey stated that AT&T is proposing to construct an 11.5' x 28.0' equipment building immediately east of the existing US West equipment building. The exterior finish of the AT&T building will be exposed aggregate. The exterior building materials and color will match the existing US West equipment building. The new equipment will not be exposed to public view from the east (existing residences) and west (Kenrick Avenue) due to the proximity of the existing MnDOT maintenance facility building and the topography between Kenrick Avenue and the proposed building. Mr. Dempsey indicated that the existing tower that was constructed in 1997 was painted Harbor Mist. This is a pale blue color that matches the City water towers and the US West Wireless Services antenna at JFK Elementary School on Holyoke Avenue and County Road 70. The existing paint has begun to peel and rust is beginning to show through on the antenna and pole. A stipulation of the PUD/CUP amendment will require that the existing pole and antenna be repainted and the new pole and antenna be painted to match. Mr. Dempsey stated that AT&T will access. the site from the existing driveway off • of Kenrick Avenue. AT&T will require an expanded private easement area to allow access to their new equipment building. An access easement agreement between the Minnesota Department of Transportation, American Tower, AT&T and all other parties with an interest in the proposed antenna facilities shall be submitted to City staff in recordable form prior to City Council consideration of the PUD/CUP amendment. Mr. Dempsey indicated that American Tower has submitted three 11" x 17" color photo images of the proposed tower extension. One photo is looking northwest from 16883 Jonquil Trail in Rolling Oaks South. The second is looking south from the Kentucky Avenue/ 167 Street intersection. The third is taken from the MnDOT property looking west. Mr. Dempsey .stated that AT&T explored constructing a tower in other locations in the vicinity. The Zoning Ordinance requires co-location on existing towers or other structures whenever possible. Staff instructed AT&T to make every effort to locate on the existing tower on the MnDOT property prior to pursuing alternative. locations. Mr. Dempsey indicated that on Thursday, October 19, 2000 at 6:00 p.m. a neighborhood meeting was held by American Tower at Hosanna! Lutheran Church. The meeting was attended by Jason Hall and Jeff Anderson of American Tower. Planning Commission Meeting December 7, 2000 Page 8 Color photo images of the existing tower and a computerized image of the proposed antenna and tower extension were presented by American Tower. American Tower sent mailed notice of the neighborhood meeting to 123 property owners up to 1,200 feet from the MnDOT property. Mr. Dempsey indicated that one property owner attended the meeting and requested that MnDOT install additional landscape screening on the east side of the truck facility adjacent to his property at 16883 Jonquil Trail. MnDOT has installed a number of trees and a berm along the south and east property boundaries over the years but open areas remain to allow drainage from the MnDOT site. The homeowner requested that MnDOT be asked to extend the berm and landscaping. There were no comments regarding the proposed antenna extension. Mr. Dempsey stated that all stipulations and requirements of PUD/CUP 97-14 are in compliance and should the Planning Commission recommend to City Council approval of the Planned Unit Development/Conditional Use Permit amendment, Community and Economic Development staff recommends compliance with the seven (7) stipulations listed in the December 1, 2000 Planning Report. Mr. Ronald Pardo, 16691 Kentucky Avenue, stated he lives east of the tower and was concerned about radiation emanating from the antennae. He wanted to know if the City or an independent company monitors how much radiation is emitted from these types of towers. Mr. Pardo also wanted to know if there will be more towers built in this area in the future. Mr. Brice Pleschourt, 16688 Kentucky Avenue, was also concerned about potential radiation and asked if there is any monitoring being done. 00.133 Motion by Moates, Second by Comer to close the public hearing at 6:35 p.m. Ayes: Bellows, Moates, Drotning, Rieb, Comer, Wulff Nays: 0 Mr. Hall responded to Mr. Pardo and Mr. Pleschourt's concerns. He stated that health hazards are not a concern due to the fact that the FCC has very strict regulations and these towers have a very low power of frequency. That is why they need more towers built. Mr. Hall stated that they are not aware of any environmental problems. Mr. Hall stated they are able to put these towers on top of apartment complexes which are 15-20 feet away from the units where people live. i Planning Commission Meeting December 7, 2000 Page 9 Assistant City Attorney Poehler stated that while these may be valid concerns, the' City has no legal authority over the emission level of these antennaes. That authority lies with the Federal communication Commission (FCC) and she suggested the neighbors contact the FCC with their concerns. Chair Drotning asked Mr. Dempsey if there are any pending proposals for more cell towers in this area. Mr. Dempsey stated that as of now there are no other towers being requested in this area. 00.134 Motion by Moates, Second by Rieb to recommend to the City Council approval of the proposed amendment to Planned Unit Development/Conditional Use Permit No. 97-14 to allow an extension of 25 feet, for a total of 100 feet, to the existing cellular communications tower on the MnDOT property located at 16759 Kenrick Avenue, to allow a co-location for AT&T Wireless Services, subject to the seven (7) stipulations recommended by staff as listed in the December 1, 2000 Planning Report, and approval of the Findings of Fact dated December 7, 2000. Ayes: Moates, Drotning, Rieb, Comer, Wulff, Bellows Nays: 0 Chair Drotning continued the public hearing for MESA III -Richard Schuller Mr. Richard Schuller presented his request for the vacation of public drainage and utility easements and for the preliminary and final plat of 221ots and 1 block to be known as Golden Pond Villas to allow the development of 22 twin home dwelling units in 11 buildings. Mr. Schuller indicated that on the advice of their attorney, Keyland Homes is proposing to preliminary and final plat Lots 1-11, Block 6, Golden Pond. First Addition in order to create a Common Interest Community (CIC) plat. This will allow a separate homeowners association from .the existing association for twin home buildings located on Lots 1-5, Block 7, Golden Pond First Addition. Mr. Schuller stated that he was advised that a homeowner's association that includes more than 12 parcels will require the creation of a CIC plat. Mr. Schuler indicated that he has met with the homeowner's association of Lots 1-5, Block 7 to discuss the proposed separation of the homeowners association from Lots 1-11, Block 6 and they have agreed to the separate homeowner's associations. Associate Planner Frank. Dempsey presented the planning report. He stated that the Golden Pond preliminary plat was approved by the City Council in 1994 and • included 1081ots. The Golden Pond First Addition final plat was approved in 1994 and included 47 lots. In 1995, the City Council approved a rezoning of 161ots from Planning Commission Meeting December 7, 2000 Page 10 R-2, Single Family Residential District to PUD, Planned Unit Development District to allow the development of 16 attached two-family buildings totaling 32 owner- occupied dwellings on the south side of the Golden Pond development. Mr. Dempsey stated that the rezoning of the property to PUD, Planned .Unit Development was approved after it was determined that groundwater conditions beneath the subject properties would allow the construction of only slab-on-grade (no basement) structures. To date, Mr. Dempsey indicated that 6 twinhome buildings (12 units) have been constructed on Lots 1-5, Block 7 and Lot 1, Block 6, Golden Pond First Addition. Thone Builders constructed the existing twin home buildings on Lots 1-4, Block 7 between 1996 and 1997. Tiffany Realty constructed the existing twin home buildings on Lot 5, Block 7 and Lot 1, Block 6. Tiffany Realty will also construct the remaining buildings on Lots 2-11, Block 6. Mr. Dempsey stated ..that Administrative subdivisions were approved to subdivide Lots 2-11, Block 6 in early October, 2000. Building permits were issued at that time for all twin home units on Lots 2-11, Block 6. Buildings are now under construction on Lots 5 and 6, Block 11. • Mr. Dempsey stated that all matters related to street dedication and design, tree preservation and wetlands were completed with the approval of the Golden Pond Firsf Addition preliminary and final plat. approved by the City Council in 1994. Mr. Dempsey indicated that no additional easements or road right-of-way is required to be dedicated with the Golden Pond Villas final plat. The proposed preliminary and final plat .will maintain the existing lot boundaries, dimensions,, and boundary drainage and utility. easements parameters. Mr. Dempsey indicated that the developer has paid park dedication fees for all of the parcels included in the preliminary and final plat. Also, a proposed public trail was initially identified between Lots 7 and 8, Block 6, Golden Pond First Addition. This trail has not been constructed and must be completed prior to the issuance of the Certificate of Occupancy for the two adjacent units. Mr. Dempsey noted that the City is holding a financial security to guarantee construction of the trail. Mr. Dempsey stated that the minimum development requirements for the RST-1, Single and Two Family Residential District are being applied to the Golden Pond Villas PUD. The minimum lots sizes and widths that are required in the RST-1, Single and Two Family Residential District are listed in the December 1, 2000 Planning Report and the proposed lot dimensions meet the area and width requirements of the Zoning Ordinance. Planning Commission Meeting December 7, 2000 Page 11 Mr. Dempsey stated that City policy requires that all underlying drainage .and utility easements be vacated when a property is re-platted. Mr. Dempsey indicated that the easements that will be platted with the Golden Pond Villas final plat are identical to the underlying easements in place with the Golden Pond First Addition .final plat. Mr. Dempsey indicated that all utility companies with a potential interest in the vacation of the easements have been notified and they have all indicated that they have no objection to the proposed easement vacation with NSP responding that they need to retain their interest in the easement area to be vacated. The proposed new easements would protect their interests. Mr. Dempsey stated that the Community and Economic Development staff recommends approval of the vacation of drainage and utility easements as proposed and the. preliminary and final plat of Golden Pond Villas subject to the two stipulations listed in the December 1, 2000 Planning Report. Chair Drotning opened discussion for public comment. There were no comments from the audience. 00.135 Motion by Rieb, Second by Bellows to close the public hearing at 6:55 p.m. Ayes: Comer, Wulff, Bellows, Moates, Drotning, Rieb Nays: 0 Commissioner Wulff wanted to clarify that there are no changes other than proposing to preliminary and final plat Lots 1-11, Block 6 to allow the two separate homeowners associations. Mr. Dempsey confirmed. this. 00.136 Motion by .Rieb, Second by Moates to recommend to the City Council approval of the vacation of public drainage and utility easements as proposed and the preliminary and final plat of 221ots and 1 block to be known as Golden Pond Villas to allow the development of 22 twin home dwelling units in 11 buildings subject to the two stipulations as listed in the December 1, 2000 Planning Report. Ayes: Wulff, Bellows, Moates, Drotning, Rieb, Comer Nays: 0 Chair Drotning called for a fifteen minute break. The December 7, 2000 Planning Commission meeting was reconvened at 7:15 p.m. • Planning Commission Meeting December 7, 2000 Page 12 Item 10. Public Hearin: Cedar 160 Addition Chair Drotning opened the public hearing for consideration of the application of Semper Development, Ltd. for the preliminary and final plat of six single family. residential lots and four commercial lots to be known as Cedar 160 Addition, consideration of a Comprehensive Plan amendment to change the land use designation for a portion of the preliminary and final plat of Cedar 160 Addition from commercial to low density residential, and consideration of the application for a variance for cul-de-sac street length for Glen Oaks Road. Assistant City Attorney Poehler attested that the legal notice. had been duly published in accordance with state statutes. Mr. Craig Christensen representing Semper Development, Ltd. was in attendance. He stated since this project was originally considered by the Planning Commission on April 13, 2000, there have been some revisions to how the project is being structured from an ownership standpoint. This relates to the current property owners (the Carroll family) which will now continue to own one of the commercial lots (Lot 3). Mr. Christenen indicated that originally the Cedar 160 Addition preliminary and final plat included one commercial lot for the Walgreens store as well as one commercial outlot and one residential outlot for future development. The preliminary and .final plat has been revised to plat the entire Carroll property into lots and blocks. .The revised preliminary and final plat consists of four commercial lots, including the Walgreens lot (Lot 1), and six single family residential lots. City Planner Daryl Morey presented the staff report with a history of the Cedar 160 Addition plat. Mr. Morey indicated. that on April 13, 2000 the Planning Commission recommended approval of the Cedar 160 Addition preliminary and final. plat, comprehensive plan amendment, rezoning, cul-de-sac length variance, and easement vacation, subject to the ten (10) stipulations listed in Associate Planner Frank Dempsey's April 7, 2000 planning report with the addition of two (2) stipulations shown in the April 13, 2000 Planning Commission minutes. Mr. Morey stated that a development contract was drafted and the Cedar 160 Addition plans, which included the construction of a Walgreens drug store in the southwest corner of 160 Street and Cedar Avenue, were presented to the City Council. Mr. Morey noted that Semper Development did not sign the development contract or submit the required letter-of-credit for security to the development contract, so the applications were tabled by the City Council at their June 15, 2000 meeting. Mr. Morey stated that since that time, Semper Development has revised their preliminary .and final plat to reflect on-going negotiations with the underlying Planning Commission Meeting December 7, 2000 Page 13 landowner, the Carroll family, and the City. As part of their agreement with the Carrolls and the City, Semper Development will now plat the entire Carroll property into lots and blocks. Mr. Morey stated that the preliminary and final plat of Cedar 160 Addition now consists of 6 single family residential lots, 4 commercial lots, and 1 outlot. The proposed overall site improvements, including ponding and landscaping, as well as the proposed development of the Walgreens lot, the purchase of the existing house located on Lot 1, Block 1, Cedar Glen, and the improvements to Glen Oaks Road, 162pd Street, .and the Liquor Store parking lot, remain the same as proposed and reviewed by the Planning Commission on April 13, 2000. Mr. Morey stated that he analyzed the revised preliminary and final plat based upon current Zoning and Subdivision Ordinance requirements. He also indicated that the stipulations recommended in Frank Dempsey's April 7, 2000 planning report do not change, except for plan dates, and are being included with planing staff's recommendation on the revised preliminary and final plat. The plans have been revised to meet the two additional stipulations recommended by the Planning Commission at the Apri113, 2000 meeting. Mr. More stated that the adin and utili Tans have been revised to include Y ~ g tY P the outlots that are not being platted as lots. As such, Assistant City Engineer. has revised his engineering report for the Cedar 160 Addition preliminary and final plat. Mr. Morey indicated that when the City Council approved the Zoning Ordinance and Zoning Map Update on July 17, 2000, the southwest corner of the subject property was .zoned RS-4 to reflect the. development of single family homes adjacent to the Godson Circle cul-de-sac proposed with Cedar 160 Addition. As such, a rezoning is no longer required with this development .proposal; however, the 2020 Land Use Map must be amended to reflect the current single family zoning. Mr. Morey stated that the vacation of public easements located within the preliminary and final plat boundaries is not affected by the revised preliminary and final plat and is not included in the planning report. Mr. Morey stated that the revised preliminary and final plat of Cedar 160 Addition includes 10 lots on 1 block with 1 outlot. The 10 lots have the following proposed uses: Lot 1 - Walgreens (zoned C-3) Planning Commission Meeting December 7, 2000 Page 14 Lots 2, 3, and 10 -Future Commercial Uses (zoned C-3) Lots 4-9 -Future Single Family Homes (zoned RS-4) Mr. Morey indicated that the Walgreens drug store is proposed on Lot 1. The Walgreens plans have not changed with the revised preliminary and final plat submittal. Lots 2, 3 and 10 will be developed at a future date for commercial uses consistent with the C-3 zoning. The developer has indicated that they have received inquiries from bank, day care and convenience store/ gas station users for Lots 2 and 10, which will be owned by Semper Development. The Carrolls will retain ownership of Lot 3. Mr. Morey noted that although the bank is a permitted use in the C-3 District, the day care and convenience store uses are only allowed by conditional use permit in the C-3 District. As such, a public hearing and approval by the Planning Commission and City Council is required for those two uses prior to construction. Mr. Morey stated that Outlot A is the portion of Lot 1, Block 1, Cedar Glen located east of the Glen Oaks Road cul-de-sac. An eight foot bituminous trail connection will be constructed from the east end of the Glen Oaks Road cul-de-sac to the existing trail on the west side of Cedar Avenue, south of 162nd Street. In addition, landscaping will be constructed east of the Glen Oaks Road cul-de-sac for screening purposes as identified on the landscape .plan. Mr. Morey indicated that a wood fence will be constructed along the north side of adjacent Lot 2, Block 1, Cedar Glen for screening purposes. Outlot A will be deeded by the developer to the City with the Cedar 160 Addition final plat. Mr. Morey stated that the landscaping shown on the submitted landscaping plans will be installed with the initial phase of the Cedar 160 Addition development. This landscaping. includes buffer plantings on both sides of 162nd Street as requested by residents at the neighborhood meeting, buffer plantings adjacent to the Glen Oaks Road cul-de-sac, signature plantings adjacent to the ponds south of 160 Street, and landscaping of the Walgreens site (Lot 1). The developer must submit a $50,000 security to guarantee the installation of landscaping consistent with the approved landscape plans. Mr. Morey indicated that when the other three commercial lots develop, additional on-site landscaping will be installed in compliance with Zoning Ordinance requirements. Mr. Morey stated that the 2020 and District 3 Land Use Maps of the 1998 Comprehensive Plan Update designate the entire Carroll property as commercial use. The portion of the Carroll property proposed for single family residential lots (Lots 4-9) was zoned RS-4 with the Zoning Map Update approved by the City Council on July 17, 2000 consistent with the proposed plans of Cedar 160 Addition Planning Commission Meeting December 7, 2000 Page 15 and the zoning of the adjacent Cedar Glen neighborhood. The Land Use Plan Maps must be amended to designate this portion of the property for low density residential use. The proposed single family .dots are consistent with the District. 3 recommendations of the Comprehensive Plan. Mr. Morey indicated .the maximum length of a cul-de-sac allowed by the Subdivision Ordinance is 600 feet. A variance is required to construct a cul-de-sac turnaround on the north end of existing Glen Oaks Road. The length of the Glen Oaks Road cul-de-sac is approximately 800 feet. The need to cul-de-sac Glen Oaks Road is to allow efficient traffic movements on 162nd Street. Mr. Morey stated that should the Planning Commission recommend approval of the Cedar 160 Addition preliminary and final plat, Comprehensive Land Use Plan amendment, and cul-de-sac .street length variance, Community and Economic Development Department staff recommends compliance with the 10 stipulations listed in Frank Dempsey's April 7, 2000 planning report, revised in Daryl Morey's December 1, 2000 planning report to reflect the revised dates and plans. There were no comments from the audience 00.137 Motion by Bellows, Second by Comer to close the public hearing at 7:30 p.m. Ayes: Drotning, Rieb, Comer, Wulff, Bellows, Moates Nays: 0 Commissioner Comer asked about access to Lot 3. Mr. Morey stated that Granada Avenue will be constructed as a private street connecting the 161St Street/162nd Street intersection with C. R. 46. This private street will be maintained by an Association being established by Semper Development. Commissioner Moates asked who will be responsible for maintaining. the serpentine wall/ gateway feature. Mr. Morey indicated that a maintenance easement agreement between the City and the owners of Lot 1 (Walgreens) must be established as part of the preliminary and final plat. The City will be responsible for maintenance of the gateway serpentine wall/ entry sign. Commissioner Moates asked about pedestrian movement. He asked about a pedestrian crossing of Cedar Avenue at 161St Street. Planning Commission Meeting December 7, 2000 Page 16 Mr. Morey indicated that the full access points to the commercial site for pedestrian and vehicle traffic will be at the Cedar Avenue/162nd Street intersection and at the Granada Avenue/County Road 46 intersection. There are trails existing along Cedar Avenue and County Road 46 with signalized intersections at the Cedar Avenue/C.R. 46 and Cedar Avenue/162nd Street intersections. Commissioner Wulff commented that overall the plans look good in terms of the transition between existing residences and the commercial site. Her biggest concern centers around the 3:1 slope between four of the single family lots and the commercial site. She stated that the transition between the residential and commercial components of the Cedar 160 Addition development would be better if fences and landscaping were incorporated as part of both the future residential and commercial uses. Mr. Morey indicated a landscape plan is required with the. development of each commercial use. Perimeter landscape screening is required adjacent to residential uses. Commissioner Wulff stated that screening should be installed at the rear of Lots 4-7. Commissioner Wulff also felt that potential buyers of the single family lots should be notified that the adjacent property is zoned commercial Chair Drotning suggested that a landscape screen be installed on Lots 4-7 with the construction of homes on the lots. Mr. Morey stated that City policy requires the installation of two trees in the front yards of all residential lots without any existing trees. These two trees, plus additional trees, could be installed in the rear yards of Lots 4-7. This was done in the adjacent Goodview Estates subdivision, which abuts commercial Lot 10 of the Cedar 160 Addition. In addition, the developer installed a sign identifying the commercial zoning of the Carroll property in the rear yard of the Goodview Estates lots abutting the Carroll property. This could be a requirement for Lots 4-7, Cedar 160 Addition as well. Commissioner Wulff is concerned about the transition between the commercial and the residential where the grade is so steep. She feels the grade needs to be changed and a fence and landscaping needs to be installed for a better transition between the two uses. • Planning Commission Meeting December 7, 2000 Page 17 Mr. Hanson stated that the slope could be pushed further to the rear of Lots 4-7 with the use of retaining walls, however, you will never obtain a complete screen of the commercial property. Mr. Christensen stated that grades and adjacent land uses are considered when they establish a price for the single family lots. He stated that they are willing to include landscaping of the single family lots in their plans.. Mr. Morey stated that Engineering Department staff could work with the developer's engineer to try to increase the usable back yard area for Lots 4-7. He suggested that evergreen trees could be planted at the top of the slope for year around screening. Overstory trees, such as maples or ash, could be planted further down the slope to .provide some screening for the upper levels of the homes when the trees mature. Chair Drotning suggested the use retaining walls in conjunction with the landscape screening. Mr. Morey suggested that the developer prepare a landscape plan for Lots 4-7 prior to City Council consideration of the preliminary and final plat. The landscape plan would be implemented when houses are constructed on those four lots. Mr. Hanson stated that the front yard setback for Lots 4-7 could be reduced five feet by conditional use permit. Mr. Morey requested Planning Commission direction with respect to grading and landscaping for Lots 4-7. Chaim Drotning suggested a five foot retaining wall at the rear of Lots 4-7 to help maximize the usable portion of the rear yards for those four lots. In addition, a mixture of deciduous and evergreentrees should be shown on the landscape plan in the rear yards of those four lots. Commissioner Bellows asked what the driveway length would be with the reduced front yard setback. Mr. Morey stated that a typical driveway off of a local street is 44 feet in length. With the five foot setback reduction, the driveway would be 39 feet long, enough to park 2 cars in tandem. The Planning Commission agreed that a conditional use permit could be requested for Lots 4-7 at the time of development. Planning Commission Meeting December 7, 2000 Page 18 Stipulation 11. Aneasement shall be established to allow City Maintenance of the. serpentine wall/ gateway feature proposed on Lot 1. 00.138 Motion by Rieb, Second by Bellows to recommend to the City Council approval of the Cedar 160 Addition preliminary and final plat of six single- family residential lots and four commercial lots, Comprehensive Land Use Plan amendment to change the land use designation for a portion of the preliminary and final plat of Cedar 160 Addition from commercial to low density residential, and a cul-de-sac street length variance for Glen Oaks Road, subject to the 10 revised stipulations listed in Daryl Morey's planning report, dated December 1, 2000 with the. addition of Stipulation No. 11, as stated, and approval of the Findings of Fact for the cul-de- sac sfireet length variance dated December 7, 2000. Ayes: Rieb, Comer, Wulff, Bellows, Moates, Drotning Nays: 0 Chair Drotning called for a ten minute break. The December 7, 2000 Planning Commission meeting was reconvened at 8:35. Item 11. Public Hearin :Wensmann Real Inc. Prelimina Plat and Planned unit ~ ty, ry Development Chair Drotning opened the public hearing for consideration of the application of Wensmann Realty, Inc. for a preliminary plat and planned unit development for 108 townhouse units to be known as Century Ridge, located between Ipava Avenue and Dodd Boulevard (C.R. 9), north of 190 Street. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with state statutes. Ms. Kelly Murray from Wensmann Realty, Inca presented the applications for the .preliminary plat and planned unit development of Century Ridge. Ms. Murray showed the Planning Commission colored elevation drawings of the proposed townhouses and stated that the buildings will be 4, 5, or 6 unit structures. The exterior materials will be brick, vinyl, and cedar shakes, with a neutral roof. No shutter color has been determined yet. City Planner. Daryl Morey presented the staff report.. Mr. Morey stated that Wensmann Realty, Inc. has submitted applications for the preliminary plat and planned unit development stage plan for. Century Ridge, which consists of 108 townhouse lots, 3 common area lots, and 2 outlots on 34.02 acres of land located Planning Commission Meeting December 7, 2000 Page 19 east of Ipava Avenue, west of Dodd Boulevard (C. R. 9), and north of the proposed westerly extension of 190 Street. Mr. Morey indicated that Century Ridge is the first townhouse development proposed in the Central Area and the first townhouse development to be processed under the new RM-1 District standards approved with the Zoning Ordinance Update on July 17, 2000. The RM-1 District performance standards have been utilized as a base for the staff analysis of the Century Ridge development consistent with the medium density use designation of the subject property on the 2020 Land Use Plan. Mr. Morey stated that the subject property consists of seven existing metes and bounds description parcels with two existing single family homesteads,. including outbuildings, that will be removed with the Century Ridge development. All septic systems and wells associated with these two homesteads must be properly removed/abandoned in compliance with State, County ,and City requirements. The Century Ridge .preliminary plat plans have been forwarded to ISD 194 officials for comment. Mr. Tom Coughlin, ISD 194 Director of Administrative Services, sent a letter dated November 21, 2000, stating that the school district expects 15 students in Century Ridge at full development. Mr. Morey stated that the subject property was zoned PUD, Planned Unit Development, with the Zoning Ordinance Map Update approved on July 17, 2000. Mr. Morey indicated .that the proposed development of Century Ridge for townhouses is consistent with the medium density residential land use identified on the 2020 Land Use Plan and District 5 recommendations of the 1998 comprehensive Plan Update. Mr. Morey stated that the Century Ridge preliminary plat consists of 108 townhouse units on 34.02 acres of land. This results in a gross density of.3.17 units/acre. The net density, excluding the wetland located on the west side of the site, is 3.46 units/ acre. Century Ridge is proposed to be developed in one phase. The Century Ridge preliminary plat proposes 2 outlots. Outlot A includes the westerly portion of the wetland located on the west side of the site.. Outlot A will be deeded by the developer to the City with the Century Ridge final plat. Outlo# B includes a remnant parcel that could be combined with the adjacent exception parcels when they redevelop. The developer will .retain i ownership of Outlot B. Planning Commission Meeting December 7, 2000 Page 20 Mr. Morey stated that there are two metes and bounds parcels located on the west side of Dodd Boulevard, north of proposed 190 Street, that are exceptions to the Century Ridge preliminary plat. One of these parcels, owned by James and Julie Nye, has several encroachments .into the proposed Century Ridge preliminary plat boundaries. The encroachments include a septic drainfield, dog kennel, garden, and play area. The developer has reached a tentative agreement to split off 25 feet of the Century Ridge property to combine with the Nye property on the west side. This would eliminate the dog kennel, garden, and play area encroachments. Mr. Morey indicated that the Nye's drainfield will be impacted by the Century Ridge development. The developer will extend sanitary sewer to the Nye's north property line. With the removal of their septic drainfield, the Nye's will be required to connect to sanitary sewer as soon as it is available. The Nye's must connect to sanitary sewer before their septic drainfield is impacted by the Century Ridge development. This will require coordinated project development timing between the developer, the Nyes, and the City. Mr. Morey indicated that included in the Planning Commission packet was a S handwritten letter from Lino Land, Inc. representing Jack' Menkveld, owner of the other exception parcel. The letter requests that the Century Ridge development provide public street and sanitary sewer access to the Menkveld parcel. Mr. Morey stated that Ipava Avenue is designated as a high density minor arterial in the City's Transportation Plan. The preliminary plat includes 133 feet of right-of- way for Ipava Avenue consistent with the established roadway easement and Subdivision Ordinance requirements. Mr. Morey indicated that Dodd Boulevard is designated as a low density minor arterial in the City's Transportation Plan. A 60 foot west half right-of-way dedication is shown on the preliminary plat plans for Dodd Boulevard in compliance with Subdivision Ordinance requirements. The driveway accesses for the :homesteads that .were part of the parent parcels will be removed with the Century Ridge development. Because the Century Ridge development abuts Dodd Boulevard (C.. 9), the developer must submit the preliminary plat pans to the Dakota County Plat Commission for their review and comment. Mr. Morey stated that 190 Street will be extended west of Dodd Boulevard to intersect with Ipava Avenue. The construction of 190 Street will be coordinated between the Century Ridge and D.R. Horton projects. 190 Street is designated as a minor collector in the City's Transportation Plan. A 100 foot right-of-way dedication Planning Commission Meeting December 7, 2000 Page 21 is shown on the Century Ridge preliminary plat in compliance with Subdivision ordinance requirements. Five foot concrete sidewalks will be constructed on both sides of 190 Street with the respective Century Ridge and D.R. Horton developments. Mr. Morey indicated that Engineering recommends approval of the Century Ridge preliminary plat plans subject to four stipulations listed in the December 1, 2000 engineering - report prepared by Assistant City Engineer Tim Hanson and Environmental Resources Coordinator Tim Brown. Mr. Morey stated that there are existing public easements located within the preliminary plat boundaries. These easements, which were obtained by the City with the Ipava Avenue improvement project, will be vacated with, and re-dedicated on, the Century Ridge final plat. The November 29, 2000 DCSWCD report prepared by Urban Conservationist Jay Riggs lists 19 recommendations concerning erosion and sedimentation control for the Century Ridge development. The Environmental Affairs commission unanimously recommended approval of the Century Ridge preliminary and final plat at their December 5, 2000 meeting. Mr. More indicated that a 2.85 acre linear wetland com lex is located on the west Y p side of the: site adjacent to Ipava Avenue. The wetland will not be impacted by the development of Century Ridge. The developer will maintain a 17 foot buffer and 33 foot building setback from the wetland consistent with new Zoning Ordinance requirements.. Mr. Morey stated that five foot wide concrete sidewalks will be constructed on both sides of 190 Street between Ipava Avenue and Dodd Boulevard with the Century Ridge and D.R. Horton developments. In addition, the developer is proposing to construct a :trail connection between the main public street to be constructed in Century Ridge and the existing trail located on the east side of Ipava Avenue. This trail, which will cross the easterly arm of the wetland located on the west side of the site via a wooden walkway, will provide access for the townhouse residents to the private picnic area proposed in the northwest corner of the site. The developer must submit a lighting plan for this trail with the Century Ridge final plat. Staff is recommending a cash contribution to satisfy the park and trail dedication requirements for Century Ridge. The Parks and Recreation Committee will make a recommendation regarding the park dedication requirements for Century Ridge at . their December 13, 2000 meeting. Planning Commission Meeting December 7, 2000 Page 22 • Mr. Morey stated that three permanent subdivision identification monument signs are proposed for the Century Ridge development as shown on the preliminary plat. All three proposed entrance monument signs are located within common area lots. The homeowners association documents required for the Century Ridge development must include the perpetual maintenance responsibilities for these three signs. Mr. Morey stated that the December 1, 2000 planning report includes an analysis of the new townhouse performance standards incorporated into the medium density zoning district (RM-1) of the zoning Ordinance Update approved on July 17, 2000. Mr. Morey stated that Chapter 11-58-17B of the Zoning Ordinance requires the following building setbacks: • Periphery of the base lot = 30 feet. • Abutting a major collector or arterial street = 50 feet. • Between buildings = 25 feet or 1/z the sum of the building heights, whichever. is greater. • Public right-of-way, private drives and guest parking areas = 30 feet. • Wetland boundaries = 33 feet. • Buildin setbacks are shown on the Centur Ride reliminar lat lans. All g Y g P Yp p proposed townhouse buildings are set back at least 30 feet from the peripheral preliminary plat boundaries, 50 feet from minor arterial Dodd Boulevard right-of- way, 30 feet from the 190 Street right-of-way and the two internal public street rights-of-way, 30 feet from the private drives, and 33 feet from the wetland boundary. Mr. Morey indicated that the building setback to several proposed guest parking areas is slightly less than the required 30 feet. Given the design. of the Century Ridge townhouse development, the proposed setbacks are acceptable to staff. The reduced setbacks may be allowed. as part of the Century Ridge planned unit development. According to the building plans submitted for the Century Ridge development, building heights range from 19 feet to 26 feet, as defined by the Zoning Ordinance, depending upon the style of the unit.. The preliminary plat plans show a minimum setback of 25 feet between buildings. Staff recommends that a minimum setback of 26 feet between buildings be maintained throughout the project to ensure compliance with setback requirements. • Planning Commission Meeting December 7, 2000 Page 23 • Mr. Morey stated that. Chapter 11-58-19 of the Zoning Ordinance requires that all common areas within a townhouse development either be in condominium ownership or through a homeowners association with each individual townhome owner having an equal and undivided interest in the common area. The- homeowners association must be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing, and regular maintenance of private drives and common areas. Homeowners association documents have been submitted by the developer. The homeowners " association documents must be reviewed and approved by the City Attorney prior to City Council consideration of the Century Ridge final plat. Mr. Morey stated that the developer has submitted exterior building material finish calculations with the Century Ridge preliminary plat. The calculations indicate that Zoning Ordinance requirements will be met given the exterior building materials proposed for this project. Mr. Morey stated that Chapter 11-58-21D of the zoning ordinance requires that all townhouse dwelling units have an attached garage at least 440 square feet in area and 20 feet in width for units with basements. The garages proposed for the • Century Ridge townhouse development area attached and meet the area and width requirements. Mr. Morey indicated that storm shelter is provided in the basements/lower levels of the proposed townhouse units. Mr. Morey stated that utility service in Century Ridge will serve the individual townhouse units separately. All utilities must be installed underground and individual unit water shut off valves must be provided. Mr. Morey stated that the development of Century Ridge includes the construction of two local public streets. The main internal public street intersects with Dodd Boulevard in the northeast corner of the site and extends south to intersect with 190 Street. This street will provide access to the D.R. Horton development south of 190 Street. A second internal public street will connect the main public street with 190 Street. Mr. Morey indicated that both public streets have a 50 foot right-of-way width and a 32 foot street width. A 60 foot right-of-way width and 32 foot street width is required by the Subdivision Ordinance for local streets.. Chapter 11-58-21H of the Zoning Ordinance allows the right-of-way and street width to be reduced to 50 feet and 28 feet, respectively.. This right-of-way reduction may be allowed as part of the Century Ridge planned unit development. Staff supports the proposed 50 foot right-of-way width. Plaiuiing Commission Meeting December 7, 2000 Page 24 Mr. Morey stated that the Century Ridge development proposes four privatedrives serving a total of 41 townhouse units. The other 67 townhouse units have access directly off of the internal public streets serving the project. -One private drive proposes seven units on one side (10 units total). This may be allowed as part of the Century Ridge planned unit .development. Staff supports this request. All other private drives meet the maximum unit .requirement. In addition, Mr. Morey noted all four private drives are 28 feet in width and have turnarounds. Provisions for ownership, maintenance and snow storage must be included in the homeowners association documents required with the Century Ridge final plat.. Mr. Morey indicated that the developer is proposing to provide 54 off-street guest parking spaces to serve the 108 townhouse units in the Century Ridge development. This meets the requirement oft/2 guest parking space per townhouse unit. Mr. Morey stated that the developer has submitted a landscape plan with the preliminary plat. Proposed landscaping for the Century Ridge development includes a mixture of 2 1/2 inch diameter shade trees, 2 inch diameter ornamental trees, 6 foot tall spruce .trees, and 18-24 inch deciduous shrubs. The proposed landscaping is intended to .provide a buffer screen between the townhouse units and Dodd Boulevard, as well as provide landscaping internally for the development. Atypical foundation planing detail is shown on the landscape plan. The landscape plan must be revised to include only those species identified in the City's Corridor and Gateway Design Study as required by Chapter 11-21-9B.2.c of the zoning Ordinance. Staff recommends that signature plantings be installed in the buffer area along. the Dodd Boulevard corridor. Proposed planting sizes meet Zoning Ordinance requirements. All landscaped areas must have an in-ground irrigation system with automatic controller. A security will be required with the final pat to guarantee the installation of the approved landscaping. Mr. Morey indicated that Chapter 11-58-21K of the Zoning Ordinance requires a minimum landscape value in relation to the project value as identified on the. chart on page 58-8 of the Zoning Ordinance. The developer must submit project and landscape value figures with the Century Ridge final plat. Mr. Morey stated that Chapter 11-58-21L of the Zoning Ordinance requires that a minimum of 10% of the gross development project area shall be in usable open space for the project residents. Exhibit D in the planning report identifies the open space areas provided for the Century Ridge development. The proposed usable • open space exceeds the 10% requirement. Planning Commission Meeting December 7, 2000 Page 25 Mr. Morey stated that should the Planning Commission recommend to the City Council approval of the proposed Century Ridge preliminary plat and planned unit development, Community and Economic Development staff recommend that approval be subject to the 23 stipulations listed in the December 1, 2000 Planning Report. Chair Drotning opened the hearing to the public for comment. ames N e 18965 Dodd Boulevard, appreciated Mr. Morey's description of the situation. He is the owner of one of the exception parcels on the west side of Dodd Boulevard. He reiterated that there are some encroachments along his back property line. He has been in touch with representatives from D.R. Horton, whom Wensmann Realty is purchasing property from,. and they will be granting him a 25 foot strip of land to add to the rear of his property. Mr. Nye stated that these encroachments are the result of a discrepancy between what. they were shown visually when they purchased their home in 1990 and what they legally bought. He didri t intentionally build his play area, dog kennel and garden knowingly on someone. else's property. Mr. Nye stated that there are approximately ten mature Colorado Spruce trees located along his north property line and would like to make sure :,the .trees are saved with the Century Ridge development. Mr. Tohn Lino, representing the Menkveld exception property, stated that. Mr. Menkveld is concerned that his parcel not be cut- off from future development of his lot in terms of access to utilities, sanitary sewer, city water and public streets. 00.139 Motion by Moates, Second by Wulff to close the public hearing at 9:10 p.m. Ayes: Wulff, Bellows, Moates, Drotning, Rieb, Comer Nays: 0 Commissioner Wulff was very impressed with the work that everyone had put into this project. She asked. Mr. Lino to clarify his client's request. Mr. Lino stated that Mr. Menkveld wants to ensure he has access to a public street (Dodd Boulevard and/ or 190 Street) and public utilities, including sanitary sewer and water, for the future development of his lot. • Planning Commission Meeting December 7, 2000 Page 26 Mr. Morey stated that the Menkveld and Nye parcels are parcels of record with frontage onto Dodd Boulevard. As such, they have the right to have a driveway access onto Dodd Boulevard. If the exception parcels were included in the Century Ridge plat, Dakota County could deny access to Dodd Boulevard because of access spacing requirements. In addition, the Zoning and Subdivision Ordinances prohibit driveway access onto arterial streets. Mr. Morey stated that the Menkveld parcel would be required to connect to City sewer and water at the time of development. City sewer and water would be available from the Century Ridge development. Commissioner Bellows asked if the exception parcels redeveloped, would they have access to an internal public Street? Mr. Morey stated that a ghost plat with townhouse units on the two exception parcels is shown on the Century Ridge preliminary plat with driveway access off of 190 Street. The developer will extend sanitary sewer to the north line of the Nye property. The sanitary sewer line can be extended through the Nye to serve the Menkveld property. City water will be extended along 190 Street. Chair Drotnin discussed the ro osed street ali ent and the offset intersection g P p of the easterly proposed local street in Century Ridge and the easterly proposed local street in the D.R. Horton project at 190 Street. He asked if the two streets could align at 190 Street. Mr. Hanson stated that there is 150 feet. of separation between the two proposed street intersections with 190 Street and 125 feet is required by the Subdivision Ordinance. Mr. Hanson stated that there will be no individual driveways accessing 190 Street. Left turns from 190 Street onto the two proposed streets will not conflict. Mr. Hanson stated that he is comfortable with the site lines. Mr. Hanson also stated that traffic volumes on minor collector 190 Street will be relatively low. Mr. Perry Ryan, project engineer, addressed Mr. Nye's question regarding the Colorado Spruce trees. They will be about 30 feet from these trees when grading for the Century Ridge, so these trees will not be impacted. 00.140 Motion by Wulff, Second by Comer to recommend to the City Council approval of the application of Wensmann Realty, Inc. for a preliminary plat and planned unit development stage plan for 108 townhouse units to be known as Century Ridge, • located between Ipava Avenue and Dodd Boulevard (C.R. 9), north of 190 Street subject to the 23 stipulations listed in the December 1, 2000 planning report. Planning Commission Meeting .December 7, 2000 Page 27 • Ayes: Bellows, Moates, Drotning, Rieb, Comer, Wulff Nays: 0 There being no further business, the meeting was adjourned at 9:45 p.m. Respectfully submitted, Penny Br vi , Recording S etary ATTEST: ~%fi~~4` Karl Drotning, Chair • •