HomeMy WebLinkAbout04-01-99 City of Lakeville
PLANNING COMMISSION MEETING MINUTES
April 1, 1999
The April 1, 1999 Planning Commission meeting was called to order by Chair
Drotning at 6:00 p.m. in the City Hall Council Chambers.
Roll call of members was taken:
Present: Kot, Moates, Drotning, Rieb, Wulff, Alternate Skipton, and Ex-Officio
Commission Member Bellows.
Absent: Comer.
Staff Present: Michael Sobota, Community and Economic Development Director;
Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Tim
Hanson, Assistant City Engineer; Roger Knutson, -City Attorney;. and
Donna Quintus, Recording Secretary.
The minutes of the March 18, 1999 Planning Commission Meeting were approved as
submitted.
ITEM 4: ANNOUNCEMENTS: Community and Economic Development Director Sobota indicated
that peizometer readings and a wetland report for the Marion Fields final plat had
been submitted to the City as requested. The Environmental Affairs Committee
(EAC) reviewed the information at their March 30, 1999 meeting and recommended
approval of Marion Fields final plat. At the request of Community and Economic
Development staff the Planning Commission agreed to place this item on the
Consent Agenda as Item No. 5e.
ITEMS: CONSENT AGENDA
99.21 MOTION by Kot, Second by Moates to recommend to City Council approval of the
April 1, 1999 Planning Commission Consent Agenda as follows:
5A. Amy Smith Special Home Occupation Permit: Recommend approval. of a
three-year extension of a Special Home Occupation Permit for Amy Smith to
allow continued operation of a hair salon from her single family residence
located at 16524 Jaguar Avenue.
5g. Marion Fields Final Plat: Recommend approval of .the Marion Fields final plat
consisting of 114 single family lots on 52 acres of land located in the northeast
corner of 210t" Street and Dodd Boulevard (County Road 9).
Roll call vote was called on the motion
Ayes: Kot, Moates, Drotning, Rieb, Skipton, Wulff.
.Nays: O.
Planning Commission Meeting Minutes
April 1, 1999
Page 2
ITEM 6: PUBLIC HEARING: Wensmann Realty, Inc. Easement Vacation
Chair Drotning opened the public hearing for consideration of the application of
Wensmann Realty for the vacation of a portion of a public drainage and utility
easement located on the west side of Homestead Court, north of Heritage Drive.
City Attorney Roger Knutson attested that the legal notice had been duly published in
accordance with state statutes.
City Planner Daryl Morey requested that the Planning Commission continue the
public hearing on the Heritage Square Addition easement vacation to the April 15,
1999. Planning Commission meeting in order to allow consideration of the easement
vacation simultaneously with a Planned Unit Development (PUD) amendment
request.
99.22 MOTION by Rieb, Second by Skipton to continue the public hearing for consideration
of the application of Wensmann Realty for the vacation of a drainage and utility
easement in Heritage Square Addition to the April 15, 1999 Regular Planning
Commission Meeting.
Roll call vote was called on the motion.
Ayes: Moates, Drotning, Rieb, Skipton, Wulff, Kot.
• Nays: 0.
ITEM 7. PUBLIC HEARING: Tillges Construction Easement Vacation
Chair Drotning opened the public hearing for consideration of the request of Tillges
Construction for the vacation of drainage and utility easements for Park Terrace
Fourth Addition. City Attorney Roger Knutson attested that the legal notice had been
duly published as required by state statute.
City Planner Daryl. Morey presented an overview of the application submitted by Mr.
Felix Tillges, Tillges Construction, for his request to vacate existing drainage and
utility easements located within the property that is being platted as Park .Terrace
Fourth Addition. These drainage and utility easements will be replaced by
.permanent boundary drainage and utility easements to be dedicated on the final plat.
of Park Terrace Fourth Addition. The City Engineering Department has reviewed the
easement vacation request and recommends approval.
City Planner Morey indicated that the gas, electric, telephone, and cable TV utility
companies have reviewed the easement vacation request and have responded that
they do not oppose the vacation request.
There were no comments from the audience.
9.23 MOTION by Rieb, Second by Wulff to close the public hearing at 6:07 p.m.
Roll call vote was called on the motion.
Planning Commission Meeting Minutes
April 1, 1999
Page 3
Ayes: Drotning, Rieb, Skipton, Wulff, Kot, Moates.
Nays: 0.
99.24 MOTION by Rieb, Second by Wulff to recommend to City Council approval of the
Park Terrace fourth Addition drainage and utility easement vacation.
Roll call vote was called on .the motion.
Ayes: Rieb, Skipton, Wulff, Kot, Moates, Drotning.
Nays: 0.
ITEM 8. PuBUC HEARING: Gerald & Diane Bedeaux Easement Vacation; Leo's First
Addition Preliminary/Final Plat; and Conditional Use Permit Amendment
Chair Drotning opened the public hearing for consideration of the applications of
Appro Development, Inc. for Gerald and Diane Bedeaux for the following: 1) a
drainage and utility easement vacation; 2) the preliminary and final plat of Leo's First
Addition; and 3) an amendment to Conditional Use Permit No. 94-14. City Attorney
Roger Knutson attested that the legal notice had been duly mailed and .published as
required by state statute.
. Associate Planner Frank Dempsey presented an overview of the applications of
Appro Development, Inc., representing Gerald and Diane Bedeaux,. that would allow
an approximate 6,000 square foot expansion onto the north side of the. existing Leo's
South main retail building.
EASEMENT VACATIONS:
Associate Planner Dempsey indicated that the proposed building expansion onto
the north side of the existing building requires the vacation of existing boundary
drainage and utility easements. The proposed Leo's First Addition final plat
establishes new boundary drainage and utility easements. Minnegasco, Dakota
Electric Association, Marcus Cable, and Frontier Communications have been
notified and have responded that they have no objection to the proposed vacation.
PRELIMINARY AND FINAL PLAT:
Associate Planner Dempsey noted that the proposed Leo's South preliminary and
final plat consists of the replatting of Lot 4, Block 1, Jackson's First Addition and
two small unplatted parcels. The proposed commercial subdivision consists of the
combination of the three parcels into one two-acre lot on one block in the B-4,
General Business District located north of Kenrick Avenue and on the west side of
Kenrick Loop (southeast quadrant of the County Road 46/I-35 interchange). The
proposed lot exceeds the ordinance required minimum lot size for the B-4 District.
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Planning Commission Meeting Minutes
April 1, 1999
Page 4
CONDITIONAL USE PERMIT AMENDMENT:
Associate Planner Dempsey indicated that the City Council approved Conditional
Use Permit No. 94-14 for Leo's South on October 3, 1994 to allow outside display
of vehicles with the development of the existing Leo's South site and building. The
proposed building addition alters the site plan approved by the previous CUP. The
developer has not proposed any changes to the approved outside display area.
Mr. Dempsey stated that the proposed site plan and building addition. is in
conformance with the zoning ordinance and original CUP provided the lighting of
the rear parking lot/driveway is addressed.
Planner Dempsey stated that the Bedeaux redevelopment proposal involves .the
removal of an existing building at 16336 Kenrick Loop (old Leo's South building)
north of the existing Leo's South .building which is currently used as
warehouse/storage space. Community and Economic Development staff is
recommending the developer post a security to ensure building removal at the time
construction of the addition is completed.
Community and Economic Development staff recommends approval of the
easement vacation, preliminary and final plat, and conditional use permit amendment
subject to stipulations as listed in .the March 26, 1999 Planning Report.
• Commissioner Wulff excused herself from discussion and votin on the Leo's South
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proposal due to personal reasons.
Jack Matasosky, representing Leo's South, and Jerry Bedeaux, applicant, were in
attendance and responded to questions from the Planning Commission and staff.
Mr. Bedeaux indicated that he is in agreement with the stipulations recommended by
Community and Economic Development staff. However, Mr. Bedeaux noted that,
although he intends to remove the old warehouse building; financing issues .might
delay the project until September 2001. He requested Planning Commission
consideration to modify Stipulation No. 5 by extending the building removal deadline
from October 1, 2000 to October 1, 2001. Dempsey indicated that staff would be
agreeable to this request .due to extenuating circumstances based on the 1994
action of the Dakota County Highway Department in their process to condemn
properties for right-of-way for the County Road 46/Kenrick Loop. A condemnation
settlement between Dakota County and the Bedeaux's has not occurred. A jury trial
is scheduled and a decision has been put on hold until June, 1999, pending City
action on the proposed plat and conditional use permit amendment applications.
Mr. Matasosky requested. clarification as to the continued use of the existing building
for warehouse/storage. City Attorney Knutson indicated that the current use of the
a older building could continue until such time as it is torn down under the deadline
established in the conditional use permit amendment.
Planning Commission Meeting Minutes
April 1, 1999
Page 5
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There were no comments from the audience.
99.25. MOTION by Kot, Second by Skipton to close the public hearing at 6:20 p.m.
Roll call vote was called on the motion.
Ayes: Skipton, Kot, Moates, Drotning, Rieb.
Nays: 0.
Chair Drotning excused himself from voting on this issue due to a potential conflict of
interest because of the proximity of his own business to the Leo's South site.
The Planning Commission agreed to amend Stipulation No. 5 of the Community and
Economic Development staff recommendations to indicate that the subject
warehouse/storage building .removal deadline is October 1, 2001. After further
discussion, the Planning Commission agreed to add Stipulation No. 6 to read as
follows: "Site lighting details shall be submitted for review by staff and identified on
the site plan prior to City Council consideration of the Leo's South applications."
Mr. Matasosky and Mr. Bedeaux indicated their agreement to the revisions and
additional stipulation as recommended by the Planning Commission.
99.26 MOTION by Kot, Second by Moates to recommend to City Council approval of the
application of Appro Development, Inc. and Gerald and Diane Bedeaux for the
vacation of an existing public easement, the preliminary and final plat for Leo's First
Addition, and a Conditional Use Permit amending Conditional Use Permit No. 94-14
subject to the five stipulations listed in the March 26, 1999 Planning Report with a
revision to Stipulation No. 5 and the addition of Stipulation No. 6 as discussed above,
and approval of the Findings of Fact for the Conditional Use Permit Amendment
dated April 1, 1999.
Roll call vote was called on the motion.
Ayes: Kot, Moates, Rieb, Skipton.
Nays: 0.
Planning Commission Chair Drotning and Vice-Chair Wulff returned to the dais.
ITEM 9. PUBLIC HEARING: Grist Mill Company: Conditional .Use Permit
Chair Drotning opened the public hearing for consideration of the .application of
Appro Development, Inc., representing Grist Mill Company, for an amendment to
Conditional Use Permit No. 96-13 to allow a building height in excess of 45 feet in
the I-2, General Business District. City Attorney Roger Knutson attested that the
legal notice had been duly mailed and published as required by state statute.
• Associate Planner Frank Dempsey presented an overview of the request from Grist
Mill Company for a conditional use permit amendment to allow the construction of an
mechanical equipment (enclosed) cupola above the roof on the west end of Plant #2.
Planning Commission Meeting Minutes
April 1, 1999
Page 6
The proposed 35-foot cupola will extend. above the existing 35-foot tall manufacturing
building for a total overall height of 70 feet. The maximum permitted building height
in the I-2, General Industrial District is 45 feet unless a conditional use permit is
approved. Due to the proximity to the Airlake Airport, the Metropolitan Airports
Commission reviewed the plan and has indicated they have no opposition to Grist
Mill's .proposed building height. The Grist. Mill property and existing building and
proposed cupola addition are not located within the restricted airport clear zones.
Dempsey .noted that Grist Mill Company previously received a Conditional Use
Permit in 1985 with subsequent amendments in 1994- and 1996 to allow various
expansions and site improvements.
Mr. Tom Renshaw, Grist Mill Company, was in attendance to respond to questions
from the Commission and staff. Mr. Renshaw indicated that he is in agreement with
staff's recommendations for approval of the conditional use permit amendment.
There were no comments from the audience.
99.27 MOTION by Wulff, Second by Kot to close the public hearing at 6:35 p.m.
Roll call vote was called on the motion.
Ayes: Moates, Drotning, Rieb, Skipton, Wulff, Kot.
Nays: 0.
Commissioner Wulff indicated she would like an amendment to Stipulation No. 3 to
indicate that the color of the building addition be submitted for staff review to-ensure
a match to the existing concrete panels on Plant #2 prior to City Council
consideration of the conditional use permit amendment request. The Planning
Commission concurred. Mr. Renshaw indicated agreement to the amended
stipulation.
99.28 MOTION by Rieb, Second by Moates to recommend to City Council approval of the
application of Grist Mill Company for a conditional use permit amendment to allow
the construction of a mechanical equipment cupola at a height greater than 45 feet
onto the existing Grist Mill industrial building on property located at 21325 Hamburg
Avenue, legally described as Lot 2, Block 1, Grist Mill Second Addition, subject to the
three conditions listed in the March 26, 1999 Planning Report with an amendment to
Stipulation No. 3 as discussed above and approval of the Findings of Fact dated
April 1, 1999.
Roll call vote was called on the motion.
Ayes: Drotning, Rieb, Skipton, Wulff, Kot, Moates.
Nays: 0.
Planning Commission Meeting Minutes
April 1, 1999
Page 7
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ITEM 10. PUBLIC HEARING: Country Joe, Inc.: Cherry Highlands 3rd Addition
Chair Drotning .opened the public hearing for consideration of the applications of
Country Joe, Inc. for: 1) the rezoning of property from R-A, Single Family Agricultural
Residential District and R-2, Single Family Residential District to R-2A, Single Family
Residential District; PUD, Planned Unit Development District; B-2, Retail Business
District; and B-4, General.Business District; and 2) the preliminary plat of Cherry
Highlands 3rd Addition. City Attorney Roger Knutson attested that the .legal notice
had been duly mailed and published as required by state statute.
City Planner Daryl Morey presented an overview of the application of Country Joe,
Inc. for the preliminary plat of Cherry Highlands 3rd Addition. The plat consists of 33
single family lots, 40 townhome units, and 1 commercial outlot on land located north
of Dodd. Boulevard and west of Cedar Avenue. The preliminary plat request includes
an application to rezone the subject property from R-A, Single Family -Agricultural
Residential District and R-2, Single Family Residential District (100 foot wide lots) to
R-2A, Single Family Residential District (85 foot wide lots) and PUD, Planned Unit
Development.
The Cherry Highlands 3rd Addition preliminary plat includes the easterly extension of
• 175th Street (major collector) to intersect with Dodd Boulevard, consistent with the
1999-2003 Capital Improvement Plan. The development also includes the extension
of Glacier Way (minor collector) to intersect with 175th Street and the dedication of
2.13 acres of park land to be added to Cherry View Park.
City Planner Morey indicated that the preliminary plat plans included in the Planning
Commission's packet did not include the commercial parcels owned by David L.
Grannis III et a/ and Hoysler-Johnson. Morey explained that the Grannis parcel was
created when Dodd Boulevard was realigned at Cedar Avenue and does not meet
Dakota County spacing requirements for access onto Cedar Avenue or Dodd
Boulevard. Because Country Joe, Inc. did not have an agreement with Grannis et al
to be included in the preliminary plat and rezoning, the Grannis parcel and the
portion of the Hoysler-Johnson property located south and east of the Glacier Way
extension were removed from the Cherry Highlands 3rd Addition .preliminary plat
plans.
After the Planning Commission packets were distributed, the developer reached an
agreement with Grannis et a/ to be included in the preliminary plat and rezoning
requests. As such, the Grannis and Hoysler-Johnson parcels have been added to
the preliminary plat plans. City Planner Morey also indicated that the Grannis parcel
will be required to gain access via Glacier Way, consistent with the preliminary plat.
Morey indicated that the proposed development is consistent with the 1988 and 1998
• Land Use Plans. Both the 1988 and 1998 land use plans identify commercial
development as the highest and best use of the property immediately adjacent to the
Planning Commission Meeting Minutes
April 1, 1999
Page 8
Cedar Avenue/Dodd Boulevard intersection with a land use transition to medium
density residential and then to low density residential adjacent to the existing single
family homes in the Cherry View, Cherry Highlands, and Shady Oak Shores
subdivisions.
Country Joe, Inc. is proposing a mixture of R-2A, Single Family Residential and PUD
zoning for the residential portions of the development. The Hoysler-Johnson/Grannis
commercial parcel is proposed to have a B-4, General Business District zoning.
The developer is also requesting that the proposed Miller commercial parcel be
rezoned to PUD to allow B-2 District uses plus sit-down (not fast food) restaurants,
which are a B-3, Auto Oriented Business District use. This zoning would be
consistent with the commercial PUD zoning approved with the Shady Oak Shores 6tn
Addition that allowed B-4, General Business District uses, except for gasoline .sales,
major automobile repair, junk yards, and salvage yards on the parcel north of Glacier
Way.
Citing the history of neighborhood concerns regarding motor fuel facilities in this area
and the proximity of the proposed future commercial development of the area to
existing single family neighborhoods, Mr. Morey indicated that staff recommends that
the PUD rezoning of the Miller commercial parcel include all B-2 District permitted
• and conditional uses, as well as restaurants and cafes (except drive-in and
convenience food establishments and those serving liquor), excluding motor fuel
facilities.
Mr. Morey then presented the preliminary plat plans for the- Cherry Highlands 3~d
Addition development. The revised plat, as previously discussed, will include 33
single family lots, 40 townhome .units, and two .commercial parcels for future
development. Mr. Morey indicated that the R-2A, Single Family Residential zoning
district requires 20' side yard building setbacks along minor collector streets. City
staff is recommending a stipulation that would require a 30' side yard setback along
Glacier Way for the three R-2A, .Single Family Residential District lots abutting
Glacier Way, which will be constructed as a commercial minor collector street.
The PUD zoning for the 40 townhome units is proposed to allow each unit to be
located on its own lot. The development would meet alt zoning ordinance
requirements, including required building setbacks. The developer is proposing to
construct 18' wide garages on the townhome units. Staff is recommending that the
garages for the townhome units be a minimum of 20' x 20'. Guest parking facilities
totaling 20 spaces are shown on the preliminary plat plans in compliance with zoning
ordinance requirements.
Community & Economic Development Department staff are recommending approval
. of the rezoning to R-2A, PUD and B-4 and the preliminary plat of Cherry Highlands
Planning Commission Meeting Minutes
April 1, 1999
Page 9
3rd Addition, subject to the 17 stipulations in the planning report, dated March 26,
1999..
The Planning Commission discussed the following issues:
Commissioner Skipton asked whether the townhome driveways would be on
common property. Planner Morey indicated that association covenants would be
required for maintenance of the private streets, including. driveways, in the
development. Commissioner Skipton then requested that the developer submit a
boundary survey to City staff prior to City Council consideration of the preliminary
plat.
Commissioner Moates asked whether additional traffic/pedestrian signage on Glacier
Way would be necessary considering its proximity to Cherry View Park. Planner
Morey indicated that pedestrian traffic is intended to utilize the 5' sidewalk on Glacier
Way, which ties into the existing sidewalk and trail on 175th Street.
Commissioner Rieb asked whether the developer would agree to construct the 20' x
20' garages as recommended by staff. The developers indicated that they would be
willing to meet the recommended minimum garage size requirement.
• Commissioner Wulff asked whether a berm could be added to Lot 1, Block 1 along
Glacier Way. Project Engineer Bob Weigert indicated that the berm could be added.
Commissioner Wulff then questioned who would be responsible for maintaining the
center island in the cul-de-sac off Glacier Way. Mr. Weigert indicated that the
townhome association did note cover the cul-de-sac and that it would either be
.removed or an association for the single family homes neighborhood .could be
created to handle maintenance concerns. Planner Morey indicated that a stipulation
be added requiring removal of the island or creation of an association, as indicated
by Mr. Weigert. Commissioner Wulff then asked what type of demographics the
townhome development is expected to serve. Mr. Weigert responded that the
developers expect "single professional" to be the typical resident. Commissioner
Wulff also requested that berming or landscaping be provided to screen the single
family homes in Block 5 from headlights and traffic on Glacier Way. Mr. Weigert
indicated that "evergreens" be used to provide an adequate landscape screen for
those homes.
There ,being no further questions from the Planning Commission, Chair Drotning
noted receipt of two a-mail messages from neighborhood. residents for .the record.
The e-mail messages sent to City Hall, dated. April 1, 1999, from Thomas Helvick,
17418 Grove Avenue, and Scott ~ and Julie Grengs, 17422 Grove Avenue are
summarized below and have been attached to this record.
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Planning Commission Meeting Minutes
April 1, 1999
Page 10
Mr. Helvick indicated that he had been made aware of the commercial land use
designation of the subject site through the City Planning offices prior to moving into
the Cherry Highlands. neighborhood. However, Mr. Helvick expressed. concern for
the distance between the commercial zoned property and the park land. Mr. Helvick
requested consideration by staff and the Planning Commission as to the types of
businesses that could be located in the B-4 zoning and indicated .that gas
station/convenience stores attract loitering groups that may congregate in the park
area.
Ms. Grengs indicated that she was opposed to the development of a gas station
across from the park on 175t" Street and Dodd noting her concern. for the safety of
children and pedestrian traffic to and from the park.
Chair Drotning then opened the public hearing for comment from the audience.
Bob Redmond, 17476 Goodland Path, expressed concern for the proposed retail
and multi-family zoning of the Cherry Highlands 3`d Addition development. Mr.
Redmond stated that he was under the impression that the entire subject site was
designated for single family residential development. Mr. Redmond stated his belief
that the school district could not accommodate additional children and further stated
his belief that the multi-family element of the proposed development would
significantly increase school age children and therefore increase enrollment. Mr.
Redmond further indicated concern for additional traffic on 175t" Street that would
present a safety hazard for pedestrian traffic to and from the neighborhood park. Mr.
Redmond indicated that the underpass, .which provides access to the park, is
frequently full of water or wet sludge. Mr. Redmond requested Planning Commission
consideration to delay development of this site for five years.
Community and Economic Development Director Sobota indicated that the site being
recommended for commercial zoning has been guided for commercial since .1990.
The 1998 Comprehensive Guide Plan Update also designates this site for
commercial uses.
Planner Morey indicated that Independent School District 194 has reviewed the
proposed development, including the multi-family element, and have indicated in
their letter dated March 25, 1999 that ISD 194 could .accommodate the additional
children within the existing attendance area.
Mr. Sobota indicated that, in a study of townhome developments in the southern
metropolitan area, townhomes are primarily occupied by single professionals or
empty-nesters and do not generate as many school age. children as single family
developments. Commission Chair Drotning indicated that he served on the Strategic
Growth Management Task Force in 1998 and studies regarding population, market,
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Planning Commission Meeting Minutes
April 1, 1999
Page 11
and current life styles supported Mr. Sobota's statement regarding. townhome
developments in the metropolitan area.
Scott Stumpfl, 17472 Goodwin Path, reiterated the concerns of Mr. Bob Redmond
citing additional traffic on 175tH Street, the potential for vehicles to use 175tH. Street as
a shortcut through the residential development, and safety issues regarding
pedestrian traffic to and from the neighborhood park.
Dee Tipka, 17424 Grove Avenue, stated her agreement that the underpass that is
supposed to provide safe access to and from the park and keep children of 175tH
Street is not being used due to the water and sediment that gathers in the tunnel
area. Ms. Tipka questioned what the City plans to do to improve the underpass
drainage and siltation problem.
Assistant City Engineer Hanson indicated that the development of the proposed
Cherry Highlands 3rd Addition will pay for the extension of the existing storm sewer
which will alleviate most of the flooding problems. Further, the development of the
current "field" will provide better green area (grass coverage) which will reduce
erosion conditions.
Mr. Redmond and Mr. Stumpfl both requested that the Planning Commission
consider the location of the park in relationship to the proposed retail site and to
consider what commercial uses should be allowed.
There were no further comments from the audience.
99.29 MOTION by Wulff, Second by Kot to close the public hearing at 7:55 p.m.
Roll call vote was called on the motion.
Ayes: Rieb, Skipton, Wulff, Kot, Moates, Drotning.
Nays: 0.
The Planning Commission held a discussion on the proposed Cherry Highlands 3rd
Addition and agreed to amend the stipulations for approval of the development.
project as follows:
4. The R-2A, PUD, and B-4 District rezonings are subject to the recording of the
Cherry Highlands 3r
d
tion final plat: The PUD rezoning of proposed Outlot A
shall include all B-2 District permitted and conditional uses, as well as
restaurants and cafes (except drive-in and convenience food establishments and
those serving liquor), excluding motor fuel facilities.
Planning Commission Meeting Minutes
April 1, 1999
Page 12
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14. Driveway access. for Lot 2, Block 7 is limited to one
right-in, right-out access onto 175th Street meeting driveway access spacing
requirements and one full access onto Glacier Way across from ei#1-ier
Goldenview Avenue Access to Glacier Way with the future
commercial development of Lot 1,
Block 7 must align with the townhouse driveway locations at Glacier Way.
16. The developer shall install landscaping consistent with the approved landscape
plan. The landscape plan shall be revised to include additional evergreen
plantings along the west side of the westerly townhouse driveway as a buffer to
single family Lots 3, 4 and 5, Block 3 and at the northerly end of each townhome
driveway. The landscaping shall be planted at least three feet from all property
lines and shall be located outside the 30 foot street intersection sight visibility
triangles. The developer shall submit a security with the Cherry Highlands 3~a
Addition final plat to guarantee the installation of the approved berm/landscape
buffer screen. In addition, the developer is required. to sod to the right-of-way
M line the lot areas adjacent to 175th Street and Glacier Way. The developer shall.
submit a security with the Cherry Highlands 3~a Addition final plat to guarantee
the installation of the sodding..
Upon further discussion, the Planning Commission agreed to add the following
stipulations for approval of the Cherry Highlands 3~a Addition development project:
18. The grading plan shall be revised to include a berm in the buffer yard area
along 175th Street on the south side of Lot 1, Block 1 and a berm along Glacier
Way on the east side of Lot 41, Block 4.
19. The proposed landscape island in Glacier Circle shall be eliminated or a single
family homeowners association shall be established for the perpetual
maintenance of the landscape island.
20. The preliminary plat shall be signed by a registered surveyor prior to City
Council consideration of the preliminary plat and rezoning requests.
99.30 MOTION by Rieb, Second by Skipton to .recommend to City Council approval of the
applications of Country Joe, Inc. for the rezoning of property from: 1) R-A, Single
Family-Agricultural Residential District and R-2, Single Family Residential District to
R-2A, Single Family Residential District, PUD, Planned Unit Development District;
and B-4, General Business District; and 2) approval of the Cherry Highlands 3~a
• Addition preliminary plat subject to the 17 stipulations listed in the March 26, 1999
Planning Report with amendments to Stipulations No. 4, 14, and 15, removal of
Planning Commission Meeting Minutes.
April 1, 1999
Page 13
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Stipulation No. 7, and the addition of Stipulations No. 18, 19, and 20, as discussed
above and approval of the Findings of Fact dated April 1,.1999.
Roll call vote was called on the motion.
Ayes: Drotning, Rieb, Skipton, Wulff, Kot, Moates.
Nays: 0.
ITEM 12A. Irene Peterson and Geno Peterson: Non-conforming Garage at 20854 Holiday
Avenue
Associate Planner Frank Dempsey stated that Ms. Irene Peterson, and her son Mr.
Geno Peterson, were present at the meeting for an informal discussion with the
Planning Commission. Ms. Peterson has tentatively submitted a conditional use
permit application for the construction of a 10' x 14' expansion onto her existing non-
conforming garage. The existing two-stall slab-on-grade garage is located
approximately % foot off the south property line.
Dempsey indicated that the zoning ordinance allows the expansion by conditional
use permit, but that the City has consistently attempted to bring such non-
conformities into conformance with such requests. Staff has suggested to the
Petersons that the current .structure could be moved to become conforming with the
side yard setback and the addition completed without a conditional use permit. Staff
is requesting direction from the Planning Commission prior to processing Ms.
Peterson's application. Director Sobota added that the City had not cashed the $200
CUP application fee check and could return it if the Ms. Peterson withdraws her
application. These funds may be more appropriately used by the applicant to move
the existing structure.
Ms. Irene Peterson and Mr. Geno Peterson indicated that the garage and driveway
were initially constructed in 1959, prior to current zoning ordinance requirements.
Ms. Peterson stated that moving the garage would negatively impact the view from
her rear porch.
Chair Drotning indicated that the Planning Commission consistently has attempted to
bring non-conforming properties into compliance with the Zoning Ordinance and that
exceptions to the rules are not considered. Commissioner Wulff added that the
property owner had the option of moving the garage and completing the expansion
as planned. Other members agreed that the Planning Commission cannot consider
financial capabilities when making decisions on such matters.
Ms. Peterson stated that the zoning ordinance does not allow her a second detached
structure on her property. She asked whether other types of storage arrangements
would be allowed, such as tents or other "non-permanent" structures. City Attorney
. Roger Knutson stated that any structure used for storage would be considered a
building and would not be permitted under the zoning ordinance.
Planning Commission Meeting Minutes
April 1, 1999
Page 14 '
The Planning Commission provided direction to Ms. Peterson that they would not be
able to support her request and recommended that moving the existing structure be
considered.
ITEM 128. Marcus Cable: 16900 Cedar Avenue: Satellite Dishes
Associate Planner Frank Dempsey indicated that Marcus Cable is proposing the
installation of three additional satellite receiver dishes at their site at 16900 Cedar
Avenue. The property is currently zoned B-4, General Business District and is
operating without a conditional use permit as required for outdoor storage. Staff is
requesting Planning Commission direction prior to consideration of Marcus Cable's
conditional use permit application, which is scheduled for the April 15, 1999 Planning
Commission meeting.
The Planning Commission discussed replacing the existing perimeter fence, site
access, and landscape screening of the new dishes and existing dishes. Rob
Roeder of Marcus Cable indicated that they prefer Option B as identified in Associate
Planner Frank Dempsey's report, dated March 26, 1999. The .Planning Commission
agreed that Option B was satisfactory and appears to alleviate current issues at the
site.
There being no further business, the meetin was ad'ourned at 9:10 p.m.
9 J
Resp tfully submit
onna Quintus, Rec ding Secretary
ATTES
,Karl Drotning, Chair