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HomeMy WebLinkAbout05-06-99 City of Lakeville PLANNING COMMISSION MEETING MINUTES May 6, 1999 The May 6, 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: Bellows, Drotning, Rieb, Comer, Wulff, Alternate Skipton, Ex-Officio Knutson.. Absent: Kot, Moates. Staff Present: Michael Sobota, Community and Economic Development Director; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Tim Hanson, Assistant City Engineer; Andrea McDowell Poehler, Assistant City Attorney; and Donna Quintus, Recording Secretary. The minutes of the. April 15, 1999 Planning Commission Meeting were approved as submitted. ITEM 5: PUBLIC HEARING: Lynette and Brad Ancel -Conditional Use Permit Chair Drotning opened the public hearing for consideration of the application of Lynette and Brad Ancel for a Conditional Use Permit to allow an addition onto anon-conforming .single family home located on Lot 5, Block A, Rhoda Tomsons Addition (2.0660 Howland Avenue). Assistant City Attorney Poehler attested that the legal notice had been duly mailed and published in accordance with state statutes. Associate Planner Frank Dempsey presented an overview of the application of Lynette and Brad Ancel for a Conditional Use Permit to allow the construction of a 6' x 9' rear entryway on the east side of their home located at 20660 Howland Avenue. The single family home is located on a corner lot and the home is considered non-conforming due to the existing seven-foot setback from the side yard property line abutting the Upper 206th. Street public right-of-way. Mr. Dempsey indicated that the current zoning of the subject property is R-5, Single Family, Two Family, and Medium Density Residential District. The Zoning Ordinance allows an expansion to anon-conforming single family home subject to the approval of a conditional use permit and provided the addition meets the minimum setback requirements of the zoning district. Dempsey indicated that Community and Economic Development staff has reviewed the Ancel proposal and have determined that the proposed addition meets all requirements for the R-5 District. Mr. Jerry Perry and Lynette and Brad Ancel were in attendance to answer questions from the Commission regarding the conditional use permit application. There were no comments from the audience. Planning Commission Meeting Minutes May 6, 1999 Page 2 ~J9.41 MOTION by Wulff, Second by Skipton to close the public hearing at 6:05 p.m. Roll call vote was called on the motion Ayes: Bellows, Skipton, Drotning, Rieb, Comer, Wulff. Nays: O. 99.42 MOTION by Wulff, Second by Rieb to recommend to City Council approval of the application of Lynette and Brad Ancel for a Conditional Use Permit to allow the construction of a rear entryway addition onto anon-conforming single family home located on Lot 5, Block A, Rhoda Tomsons Addition (20660 Howland Avenue) and approval of the Findings of Fact dated May 6, 1999. Roll call vote was called on the motion Ayes: Skipton, Drotning, Rieb, Comer, Wulff, Bellows. Nays: 0. ITEM 6: PUBLIC HEARING: Homestead Creek East 3rd Addition: Easement Vacation Chair Drotning opened the public hearing for consideration of the application of eleven property owners in the Homestead Creek East 3rd Addition subdivision for the vacation of a portion of existing conservation and drainage and utility easements located within the Homestead Creek East 3rd Addition. Assistant City Attorney Poehler attested that the legal notice had been duly published and mailed in accordance with state statutes. Assistant Cit En ineer Tim Hanson resented an overview of the a lications of the Y g p pp property owners of Lot 1, Block 1, Lots 7 through 12, Block 1, and Lots 14 through 17, Block 1, Homestead Creek East 3rd Addition for the vacation of existing conservation and drainage and utility easements located within the rear yards of these properties. These lots are generally located west of Homestead Trail and north of 175t" Street.. Six of the eleven property owners have encroached into the conservation easement with fences, retaining walls, gardens and other landscaping which is prohibited in conservation easements. The remaining property owners, while not encroaching into the conservation easement, have joined in on the easement vacation request in order to maintain continuity of the rear easement lines rather than having uneven easement line boundaries along the entire easement line abutting Block 1 of the subdivision. Assistant City Engineer Hanson identified the delineated wetland areas and provided clarification of past City procedures when easements were established such as the ones in Homestead Creek East 3rd Addition back in 1994. Current City policy is for the developer to plat wetlands and conservation easements as outlots and deed them over to the City. Assistant City Engineer Hanson indicated that the Environmental Affairs Committee (EAC) reviewed the conservation easement vacation request at their December 15, 1998 meeting and on a 5-2 vote directed city staff to work with the homeowners to • make adjustments to the conservation easement while allowing continuity of the boundary line, assuring compliance with the Wetland Conservation Act, and keeping cost to homeowners at a minimum. Planning Commission Meeting Minutes May 6, 1999 Page 3 There were no comments from the audience. 99.43 MOTION by Bellows, Second by Skipton to close the public hearing at 6:12 p.m. Roll call vote was called on the motion Ayes: Drotning, Rieb, Comer, Wulff, Bellows, Skipton. Nays: 0. 99.44 MOTION by Rieb, Second by Skipton to recommend to City Council approval of the application of the property owners of Lot 1, Block 1, Lots 7 through 12, Block 1, and Lots 14 through 17, Block 1, Homestead Creek East 3rd Addition for the vacation of a portion of public conservation and drainage and utility easements. Roll call vote was called on the motion Ayes: Rieb, Comer, Wulff, Bellows, Skipton, Drotning. Nays: O. ITEM 7: PUBLIC HEARING: Charles and Marietta Smith: Conditional Use Permit Chair Drotning opened the public hearing for consideration of the application of Charles and Marietta Smith for a Conditional Use Permit to allow construction of a detached accessory building greater than 656 square feet in area and 15 feet in height in the R-3, High Density Single Family Residential District. Assistant City Attorney Poehler attested that the legal notice had been duly published and mailed in accordance with state statutes. Associate Planner Frank Dempsey presented an overview of the application of Charles and Marietta Smith for a Conditional Use Permit to allow the construction of a 28' x 32' (896 sq. ft.) detached accessory building with a height of 18 feet on their property located at 8655 Upper 206th Street. The Zoning Ordinance allows a maximum of 656 square feet of accessory building and 15 feet of accessory building height in the R-3 District unless a conditional use permit is granted to exceed those dimensions. The Smiths have indicated that the purpose for the additional area is to allow the inside storage of personal vehicles, recreational, and lawn and garden equipment. An existing single-stall 432 square foot detached garage will be removed prior to construction of the new proposed detached garage. Commissioner Wulff indicated that she had some questions for the applicant and since the Smiths were not present to respond to her concerns she requested tabling action and continuing the public hearing. 99.45 MOTION by Wulff, Second. by Skipton to table action on the application of Charles and Marietta Smith and continue the public hearing to allow the applicant to be present to respond to questions from the Commission. Roll call vote was called on the motion • Ayes: Comer, Wulff, Bellows, Skipton, Drotning, Rieb. Nays: 0. Planning Commission Meeting Minutes May 6, 1999 Page 4 ITEM 8: PUBLIC HEARING: St. Francis Woods: Rezoning, Preliminary Plat, Easement Vacation Chair Drotning opened the public hearing for the applications of Dale and Fran Pexa for consideration of: 1) the rezoning of property from R-2, Single Family Residential District and B-4, General Business District to PUD, Planned Unit Development District; 2) the preliminary plat of 22 single family lots, 123 townhouse units, and two commercial lots; and 3) the vacation of public utility and trail easements and street right- of-way. Assistant City Attorney Poehler attested that the legal notices had been duly .mailed and published in accordance with state statutes. City Planner Daryl Morey presented an overview of the applications of Dale and Fran Pexa for the preliminary plat of St. Francis Woods. The proposed subdivision consists of 22 single family lots, 123 townhouse units, five common open space lots, and two commercial lots on 80 acres of land located south of 205t" Street and east of Kenrick Avenue.. The preliminary plat request includes an application to rezone a portion of the subject property from R-2, Single Family Residential District and B-4, General Business District to PUD, Planned Unit Development District, as well as an application to vacate public utility and trail easements and street right-of-way. City Planner Morey noted that the property is currently zoned R-2 and B-4. Morey indicated that the rezoning request consists of rezoning the townhouse portion (31.65 . acres) of the preliminary plat to PUD to accommodate the proposed townhouse .development to allow for: 1) each townhouse unit to be located on its own separate lot; 2) common open areas to be owned and maintained by a homeowners association; and 3) building setback flexibility. City Planner Morey indicated that the developer's request for vacation of existing easements and street right-of-way is consistent with City policy. The vacated easements and street right-of-way will be re-established on the St. Francis Woods final plat. City Planner Morey noted that the St. Francis Woods preliminary plat includes the following: 1) 22 single family lots on one block (12.88 acres) which is currently zoned R-2, Single Family Residential District; 2) 123 townhouse. units consisting of 27 three-unit buildings and 21 two-unit buildings (31.65 acres) which is proposed to be rezoned from R-2 and B-4 to PUD; 3) six outlots; and 4) two commercial lots. Planner Morey indicated that St. Francis Woods is proposed to be developed in three phases with the 22 single family lots and 32 townhouse units proposed to be completed • in the first phase. The remaining townhouse units and two commercial lots will be developed in future phases. Planning Commission Meeting Minutes May 6, 1999 Page 5 Planner Morey presented details of the St. Francis Woods development proposal as outlined in the April 30,-1999 Planning Report, including the following: ? townhouse building setbacks; ? outlots; ? public and private street layout/design; ? landscaping; ? consistency with the Comprehensive Land Use Plan; and ? drainage & utility plan as outlined in the April 30, 1999 Engineering Report. Commissioner Skipton requested the preliminary plat be revised to include the surveyor's signature and license number, address encroachments, and include a boundary determination for the townhouses. Commissioner Wulff indicated her desire for additional landscaping/screening to be provided along the south end of the project, abutting Technical Methods, Inc. in the Fairfield Business Campus, and foundation plantings/landscaping around- each of the townhouse buildings. Commissioner Wulff further indicated her opinion that a fence should be installed between the private road along the northerly boundary of the project (townhouse portion) and 205t" Street for separation between the public right-of-way and a the townhouse units. Commissioner Wulff also expressed concern regarding the location of the northerly private street abutting the 205t" Street right-of-way indicating her belief that the private street could be used as a short cut/frontage road to the proposed commercial lot to the west of the townhomes. Ex-officio Commissioner Knutson indicated his concern for traffic on the proposed private road and 205t" Street and the impact of vehicle headlights to oncoming traffic on 205t" Street. Commissioner Knutson expressed his preference that some kind of physical barrier (landscaping or fencing) be provided between these two streets to reduce the impact of headlights to opposing traffic. Assistant City Engineer Tim Hanson responded regarding staff's review of the proposed private throu~h-street versus a cul-de-sac design and the existing and proposed future grade of 205 Street related to the proposed townhouse grades.. Mr. Joel Cooper, James R. Hills Associates, responded to questions and provided clarification regarding the St. Francis Woods preliminary plat. Mr. Cooper indicated the developer will agree to amend the landscaping plan to include foundation plantings and additional landscaping along the southerly boundary of the project.. Mr. Cooper indicated his preference to provide additional landscaping rather than fencing as a barrier between 205t" Street and the proposed private street noting his agreement with Commissioners Drotning and Rieb that fencing can sometimes become a detriment to property when not properly maintained. Planning Commission Meeting Minutes May 6, 1999 Page 6 The Commission acknowledged receipt and accepted for the record a memorandum from City Planner Daryl Morey relaying the voice mail comments from Ms. Cathleen Randall, 10887 203~d Street, which indicated her opposition to the proposed preliminary plat for St. Francis Woods. Ms. Randall stated it was her understanding that this site was to be a park and that it was her opinion that the site will end up looking like the cluster housing and little boxes that go out through all Lakeville. Chair Drotning invited comments from the floor. Mr. Wally Potter, 10691 205th Street West, expressed concerns regarding proposed drainage patterns noting this area is a major drainageway for the area. Assistant City Engineer Tim Hanson responded that the proposed drainage pattern identified in the preliminary grading plan matches the existing drainage patter of the area and noted that St. Francis Woods will also construct a stormwater management ponding area in the northwest corner of the subdivision which is consistent with the City's stormwater Management Plan for the treatment of runoff from areas west of the proposed subdivision. Mr. Potter also expressed concern that the higher density townhome development, in combination with future commercial uses and the extension of Kensington Boulevard will generate more traffic resulting in major safety issues at the intersection of Kensington Boulevard/Kansas Avenue and 205th Street. Mr. Potter requested details . regarding the pedestrian trailway and what is proposed for this area noting he has observed high traffic on the existing trailways by children and bikers. Assistant City Engineer Hanson responded with details regarding existing and proposed trailways. Doug and Joyce Mohr, 20608 Jupiter Path, expressed concern that the St. Francis Woods development proposes too many townhouse units that will add to congestion at major intersections in the area. Mr. Mohr indicated his support for the proposed single family development and expressed his preference that more single family lots be added while reducing the number of proposed townhomes. Mr. Mohr asked if the proposed. development will reduce the number of trees existing on the subject property. Community and Economic Development Director Sobota provided information regarding the City's Tree Preservation policy and the design of the subdivision to save the highest percentage of trees. Chair Drotning responded that the 1998 Strategic Growth Management Task Force studied current demographics and determined there is a need in Lakeville to provide a wide variety of lifecycle housing, including mid to high density development for empty nesters. The study indicated that current City residents will likely choose to move from single family homes to smaller and more convenient. units. Typically, studies have shown that townhouses are being occupied by empty nesters and young professionals with no children which translates into less impact on local traffic and school district student enrollment. Staff also responded that the property has been "guided" for medium density for many years. Planning Commission Meeting Minutes May 6, 1999 Page 7 Clay Van De Bogart, 16165 Huron Path, introduced himself as the Chair of the Environmental Affairs Commission and stated his personal concern for the units proposed to be slab on grade. Mr. Van De Bogart indicated that with last year's spring and summer storm events and tornado weather already experienced in Oklahoma and Kansas this year, it was his concern that townhouse residents will not have a place to go for safety in the event of violent weather. Mr. Van De Bogart stated his understanding of the drainage issues of the site, but recommended that everything possible be done to provide basements with each of the townhouse units. Assistant City Engineer Hanson responded by defining the City's requirements for draintile and other requirements to alleviate drainage issues and provide opportunities for construction of basements where possible. Community and Economic Development Director Sobota indicated there were other developments within the City where slab on grade construction has occurred to address groundwater issues. There were no further comments from the audience. 99.46 MOTION by Bellows, Second by Comer to close the public hearing at 7:55 p.m. Roll call vote was called on the motion Ayes: Wulff, Bellows, Skipton, Drotning, Rieb, Comer. Nays: O. • City Administrator Robert Erickson complimented the developer and City staff in resolving several issues regarding this project and suggested methods to address issues identified by the Commission and the public at this public hearing. After further discussion, the Commission agreed to the following additional stipulations regarding the St. Francis Woods preliminary plat: 20. Staff shall perform a detailed analysis of the Kensington Boulevard/Kansas Avenue/205th Street intersection roadway design and make recommendations for staging of improvements prior to City Council consideration of the Phase 1 final plat. 21. The landscape plan shall be revised to include additional berming and landscaping on the west side of the plat abutting the commercial lots and on the south side of the plat adjacent to the Technical Methods site in Fairfield Business Campus. 22. Commercial Lot 52, Block 2 shall be rezoned to a low intensity commercial use as a condition of the Phase 1 final plat application.. 23. A boundary survey shall be prepared to identify any encroachments on the St. Francis Woods preliminary plat site. All encroachments shall be removed prior to City Council consideration of the Phase 1 final plat. Planning Commission Meeting Minutes May 6, 1999 Page 8 • 24. The preliminary plat shall be signed by a registered land surveyor prior to City Council consideration of the preliminary plat. 25. Prior to City Council consideration of the Phase 1 final plat, City staff shall study the design options for the proposed private street located adjacent to 205t" Street to determine if a cul-de-sac design would discourage through traffic from Kensington Boulevard to commercial Lot 52, Block 2. 26. The developer shall provide a detailed screening plan with perspective drawings from street elevation and townhome elevation for the area located between 205t" Street and the adjacent private street as a part of the Phase 1 final plat submittal. 99.47 MOTION by Rieb, Second by Skipton to recommend to City Council approval of the applications of Dale and Fran Pexa for: 1) rezoning from R-2, Single Family residential District and B-4, General Business District to PUD Planned Unit Development District; 2) the St. Francis Woods preliminary plat; and 3) the vacation of permanent public utility and trail easements and street right-of-way all on property generally located south of 205t" Street and east of Kenrick Avenue subject to the 19 stipulations recommended by staff and listed in the April 30, 1999 Planning Report with the addition of stipulations No. 20 through 26 as listed above and the Findings of Facts, dated May 6, 1999, for the approval of the PUD rezoning request. Roll call vote-was called on the motion Ayes: Bellows, Skipton, Drotning, Rieb, Comer, Wulff. Nays: 0. Chair Drotning called for a brief recess and reconvened the May 6, 1999 Planning Commission meeting at 8:50 p.m. Associate Planner Dempsey indicated that Mr. Charles Smith, applicant for the conditional use permit for his property at 8655 Upper 206t" Street, was now present to answer questions from the Commission regarding his application. Dempsey requested the Commission reconvene the public hearing listed as May 6, 1999 Agenda Item 7. 99.48 MOTION by Rieb, Second by Skipton to reconvene the public hearing for consideration of the application of Charles and Marietta Smith. Roll call vote was called on the motion Ayes: Skipton, Drotning, Rieb, Comer, Wulff, Bellows. Nays: 0. Mr. Charles Smith, applicant, was present to respond to questions from the Commission regarding his application for a Conditional Use Permit to allow the construction of an oversized, detached accessory building on his property at 8655 Upper 206t" Street. • Commissioner Wulff expressed her opinion that the proposed 896 square foot accessory building and 18-foot height was excessive and did not appear to be Planning Commission Meeting Minutes May 6, 1999 Page 9 compatible with surrounding residential uses noting this. building was much larger than any of the other detached accessory buildings in the area. Commissioner Wulff stated. that she felt the increased height and building size would have a negative impact on the abutting property owners. Mr. Smith stated that he had informed his immediate neighbors of his plans to construct the oversized detached structure and they did not indicate any problem with his .proposal. Mr. Smith stated his opinion that the proposed 18-foot accessory building height will be more architecturally compatible with the existing home (constructed in 1915) and other structures in their neighborhood. The proposed exterior treatment of the accessory structure will match the existing house. There were no further comments from the audience. 99.49 MOTION by Skipton, Second. by Bellows to close the public hearing at 9:00 p.m. Roll call vote was called on the motion Ayes: Drotning, Rieb, Comer, Wulff, Bellows, Skipton. Nays: O, 99.50 MOTION by Rieb, Second by Skipton to recommend to City Council approval of the application of Charles and Marietta Smith for a Conditional Use Permit to allow an • accessory building area in excess of 656 square feet and a height in excess of 15 feet in the R-3, High. Density Single Family Residential District on property located at 8655 Upper 206th Street West subject to the six stipulations as listed in the April 30, 1999 Planning Report and approval of the Findings of Facts dated May 6, 1999. Roll. call vote was called on the motion Ayes: Rieb, Comer, Bellows, Skipton, Drotning. Nays: Wulff. Commissioner Wulff stated her negative vote was due to the proposed size of the structure. Commissioner Wulff stated her opinion that the proposed structure should be treated the same as a main structure (house) in terms of setbacks because of its size and that she believes the proposed detached accessory structure will impede the passage of light and air to neighboring properties and .evidence is not provided for the re- use of the building as a single family related structure. Motion passes. ITEM 9: PUBLIC HEARING: U.S. West Wireless /ISD No. 194:. Planned Unit Development /Conditional Use Permit Chair Drotning opened the public hearing for the application of U.S. West Wireless, L.L.C. and ISD No. 194 for a Planned Unit Development/Conditional Use Permit. Assistant City Attorney Poehler attested that the legal notices had been duly mailed and published in accordance with state statutes. • Associate Planner Frank Dem se resented an overview of the a lication of U.S. p Y p pp West Wireless, L.L.C. in conjunction with Independent School District (ISD) No. 194 for Planning Commission Meeting Minutes May 6, 1999 Page 10 a planned unit development/conditional use permit (PUD/CUP) to allow the construction of a 90-foot tall cellular telephone mono-pole and equipment support structure on property located at 21240 Holyoke Avenue. The ISD 194 site includes the John F. Kennedy Elementary School, McGuire Junior High School and the ISD 194 administrative offices. The property is zoned R-6, Medium Density Residential District and I-1, Limited Industrial District and the zoning ordinance requires aPUD/CUP when more than one principal structure is proposed on the property and when an antenna tower is higher than 15 feet. Planner Dempsey presented an overhead indicating the "search area" provided by U.S. West, L.L.C. which included two other possible locations for the mono-pole structure. However, Community and Economic Development staff and ISD 194 support the proposed location as being the most suitable area within the cellular grid identified by US West Wireless, L.L.C. Associate Planner Dempsey noted that the U.S. West proposal includes the construction of two five-foot tall mechanical support structures adjacent to the mono- pole. The tower and equipment would be located within an enclosed area surrounded by a six-foot tall chain link fence. The proposed antenna will be 90 feet in height and is proposed to be located 100 feet west of the property line and 50 feet east of the John F. Kennedy Elementary School building. • Associate Planner Dempsey indicated that Bernard D. Reisberg, Goodin Company, in their letter dated April 28, 1999 requested additional information regarding the. construction of the proposed cellular telephone tower to determine if there would be any adverse impact on the value of their vacant property located immediately east of the ISD 194 property and zoned I-1, Limited Industrial District. Community and Economic Development staff provided information to Goodin Company and there has been no response or request for further information from them. There were no further comments from the public. 99.51 MOTION by Rieb, Second by Wulff to close the public hearing at 9:25 p.m. Roll call vote was called on the motion Ayes: Comer, Wulff, Bellows, Skipton, Drotning, Rieb. Nays: O. Steven Mangold, Real Estate Manager for U.S. West , L.L.C., was present and indicated that U.S. West is in agreement to the conditions recommended by staff. Mr. Mangold responded to questions from the Commission. regarding the application.. Commissioner Comer requested information regarding the "search area" and the criteria used to identify the area. Mr. Mangold stated that the "search area" was determined by a Radio Frequency Engineer who was not present to respond to Commissioner Comer's questions. Commissioner Comer questioned whether the data Planning Commission Meeting Minutes May 6, 1999 Page 11 for determining the "search area" had been submitted to the City for review by staff. Community and Economic Development Director Sobota responded. Commissioner Comer recommended that a stipulation be added for approval of the mono-pole that would require removal of the pole structure within a specific amount of time when the pole is no longer needed or used for telephone transmission. The Commission agreed to a modification to Stipulation No. 8 to read as follows: 8. The lease agreement between US West Wireless, L.L.C. and Independent School District No. 194 shall reflect the stipulations outlined in the Conditional Use Permit. At expiration of the lease agreement the tower shall be removed from the site. Commissioner Wulff expressed concern for the proximity of the proposed mono-pole -and equipment support structure to the elementary school playground area. Staff responded that the proposed location also contained mechanical equipment for the school, as well as the dumpster and trash enclosure. 99.52 MOTION by Bellows, Second by Skipton to recommend to City Council approval of the planned unit development/conditional use permit to allow the installation of a 90-foot tall cellular telephone tower on ISD 194 property located at 21240 Holyoke Avenue subject to the eight stipulations recommended by staff and listed in the April 30, 1999 Planning Report with a modification to Stipulation No. 8 as discussed and approval of the Findings of Fact dated May 6, 1999. Roll call vote was called on the motion Ayes: Bellows, Skipton, Drotning, Rieb. Nays: Wulff, Comer. Commissioner Wulff stated that she did not oppose the installation of a mono- pole as requested by U. S. West and ISD 194;. however, her negative vote was due to her belief that the specific location was not appropriate because of its proximity to the elementary school building and playground area. Commissioner Comer indicated his negative vote was because he was unable to acquire information from the applicant regarding criteria and. process for determination and identification of the search area for the location of the mono- pole. Motion passes. ITEM 10: PUBLIC HEARING: Zweber Farm -Easement Vacation Zweber Farm Seventh Addition -Preliminary/Final Plat Chair Drotning opened the public hearing for the applications of D.R. Horton, Inc. - Minnesota for the following: 1) the vacation of permanent easements; and 2) the Zweber Farm Seventh Addition preliminary plat. Assistant City Attorney Poehler attested that the legal notices had been duly mailed and published in accordance with • state statutes. Planning Commission Meeting Minutes May 6, 1999 Page 12 City Planner Daryl Morey presented an overview of the application submitted by D.R. Horton, Inc. -Minnesota for the vacation of boundary drainage and utility easements, a public sanitary sewer easement, and a public street right-of-way in the Zweber Farm development. The proposed vacations are being requested in conjunction with the Zweber Farm Sixth and Seventh final plats. The existing sanitary sewer easement, originally established in 1994 to allow the construction of a sanitary sewer line to serve the City's water treatment facility,. will not be needed because the sewer line will be located within easements and street rights-of-way in the Zweber Farm Sixth and Seventh final plats. City Planner Morey further indicated that the boundary drainage and utility easement and public street right-of-way vacation request pertains to the replat of two lots currently located within the Zweber Farm Second plat that will become a part of the Zweber Farm Sixth final plat. The vacated boundary drainage and utility easements and public street right-of-way will be re-established with the Zweber Farm Sixth final plat. City Planner Daryl Morey presented a comprehensive overview of the applications of D.R. Horton, Inc. -Minnesota for the Zweber Farm Seventh preliminary plat and Phase One final plat. The Zweber Farm Seventh preliminary plat consists of 43 single family lots on 21..88 acres of land located south of 175t" Street and west of Highview Avenue. The developer is proposing to develop the Zweber Farm Seventh preliminary plat in two phases. The first development phase consists of six single family lots located in the southwest corner of the preliminary plat. The second development phase will consist of the remaining 37 single fam+ly lots on property that will be designated as Outlot A on the Zweber Farm Seventh final plat. Dick Krier and Steve Harvey, RLK Associates, Ltd. representing the developer, were present and responded to questions from the Commission and staff. Mr. Krier indicated that the developer is in agreement with the stipulations recommended by staff as listed in the April 30, 1999 Planning Report. There were no comments from the audience. Commissioner Wulff requested additional information and clarification regarding the following: 1) type of barricade proposed at the terminus of the trailway proposed to be located along the southeastern portion of the plat that extends south from 178t" Street to the future Dodd Boulevard alignment; 2) traffic projections for Dodd Boulevard; 3) dimensions of proposed Lot 1, Block 4, of the Zweber Farm Seventh final plat; and proposed berming along Dodd Boulevard. City Planner Morey and Assistant City Engineer Hanson responded. Assistant City Engineer Hanson noted that the proposed grading plan adjacent to the future Dodd. Boulevard alignment does not consider the future grades of Dodd Boulevard. Staff is requiring the developer to grade the future Dodd Boulevard alignment with the platting of the lots that will abut the future Dodd Boulevard alignment. This will allow a privacy berm to be established along those lots that will abut the future Dodd Boulevard alignment. Planning Commission Meeting Minutes May 6, 1999 Page 13 Commissioner Skipton requested that the Zweber Farm Seventh preliminary plat meet the minimum requirements of the subdivision ordinance by including the name and signature of the surveyor and that any encroachments on the site be identified and removed prior to City Council consideration of the final plat. There were no comments from the audience. 99.53 MOTION by Wulff, Second by Bellows to close the public hearing at 9:55 p.m. Roll call vote was. called on the motion Ayes: Bellows, Skipton, Drotning, Rieb, Comer, Wulff. Nays: O. Following further discussion, the Commission agreed to add the following stipulations for approval of the applications for the Zweber Farms Seventh preliminary and final plat: 11. The Zweber Farm Seventh preliminary plat shall be shall be signed by a Registered Land Surveyor prior to City Council consideration. A comprehensive boundary survey shall be conducted to identify any encroachments for removal prior to City Council consideration of the preliminary and final plat. 12. Earth berms shall be constructed at the rear of the lots along the future Dodd Boulevard alignment and perspective drawings showing the view from Dodd Boulevard and from the lots along Dodd Boulevard shall be submitted for review prior to City Council consideration of the Phase Two final plat. 99.54 MOTION by Rieb, Second by Skipton to recommend to City Council approval of the boundary and utility easement, sanitary sewer easement, and street right-of-way vacation request subject to the recording of the Zweber Farm Sixth and Seventh final plats and approval of the Zweber Farm Seventh preliminary plat and Phase 1 final plat subject. to ten stipulations as listed in the April 30, 1999 Planning Report with the addition of Stipulations No. 11 and 12 as listed above. Roll call vote was called on the motion Ayes: Skipton, Drotning, Rieb, Comer, Wulff, Bellows. Nays: 0. ITEM 12A: CENEX-FARMER'S UNION CO-OP EXPANSION PROPOSAL Associate Planner Frank Dempsey indicated that Community and Economic Development staff have met with the owners of the Farmers Union Cooperative Oil Association regarding the Farmer's Co-op station property located near the southwest intersection of 202nd Street and Dodd Boulevard. The Farmer's Co-op representatives have been working on a proposal to remodel and expand the retail and fuel facility operations at this site. In reviewing the proposed expansion plans, Staff had identified several non-conforming issues with the property that need to be addressed if the owners intend to expand their present facility. Planning Commission Meeting Minutes .May 6, 1999 Page 14 • Farmer's Co-op representatives requested a meeting with the Planning Commission for an informal review of possible plans for the expansion of the Cenex facility operation. Mr. Kevin Sexton, representing the Farmer's Union Cooperative, provided a historical overview of the Cenex site which was built approximately 42 years ago. Mr. Sexton indicated that the site. currently consists of eight gas pumps, a kerosene pump, a retail store, two 1,000 gallon propane tanks, and several bulk oil tanks that they would like to keep as part of their business. The co-op would like to pursue improvements to the property such as a re-orientation of the retail store to face County Road 50 and the relocation of the eight pumps to four on each side of the store. The Commission discussed the current multiple uses of the site and the potential for conflict for each of these uses. Chair Drotning asked if the Farmer's Union Cooperative has determined what the principal use of the property will be, such as fuel facility, convenience store, or bulk plant? The B-4 zoning of the subject property will restrict some of the uses, such as the outside storage of the propane and bulk oil tanks, as well landscaping and green space requirements, site lighting, and structure setbacks. The Commission further agreed that any on-site fuel storage and structure non- conformities will be required to be brought into compliance with state and city building and fire codes. The Commissioners noted that the community, City Council and Planning Commission have identified specific policies and ordinances with the intent to make motor fuel uses compatible with surrounding neighborhoods. Also, the Commissioners agreed that it is important that all projects be reviewed from the perspective of consistency so as to minimize the need for variances. It was recommended that the Farmers Union Cooperative prepare an detailed plan and site design for the Cenex site that address as many issues as possible that meet current codes for building, fire, and ordinance requirements. These plans can then be submitted to the City for review and determination of the best design and use for this site. Thee being no further business, the meeting was adjourned at 10:45 p.m. Respectfully submitted Donna Quintus, Recor ing Secretary ATTEST: Karl Drotning, Chair Item No._~_ MEMORANDUM TO: PLANNING COMMISSION FROM:'~~DARYL MOREY, CITY PLANNER DATE: MAY 5, 1999 RE: PACKET MATERIAL FOR THE MAY 6, 1999 PLANNING COMMISSION MEETING AGENDA ITEM:. PUBLIC COMMENT RECEIVED ON ST. FRANCIS WOODS Cathleen Randall, 10887 - 203rd Street, left the following message on the City's public hearing information line for the St. Francis Woods preliminary plat: "I don't like this plan. We bought our house with the understanding this area was going to be a park. I think it would be a much better use of the • area and I'm really terribly afraid its going to end up looking like the cluster housing and little boxes that go out through all Lakeville. t really oppose this plan and I want to be on record on that." /d m (plancomm-covermemo)