HomeMy WebLinkAbout07-15-99 City of Lakeville
PLANNING COMMISSION MEETING MINUTES
July 15, 1999
The July 15, 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, Moates, Drotning, Comer, Wulff.
Absent: Kot, Rieb, Ex-Officio Knutson.
Staff Present: Michael Sobota, Community and Economic Development Director;
Daryl. Morey, City Planner; Tim Hanson, Assistant City Engineer;
Andrea McDowell Poehler, Assistant City Attorney; and Donna Quintus,
Recording Secretary.
Commissioner Wulff requested that Page 6, paragraph 2 of the Planning Commission
meeting minutes for June 17, 1999 regarding discussion of the preliminary plat for
Park Overlook be amended to reflect that "Planning Commission members expressed
concern that the public access to the park maybe gained via the cul-de-sacright-of-
way. Community and Economic Development Director Michael Sobota noted that
there are no plans to install improvements such as trails or extensive grading to the
existing park from the proposed Park Overlook development that would encourage
public access from this development."
The June 17, 1999 Planning Commission Meeting minutes were approved as
amended.
ITEM 5: PUBLIC HEARING: REXAM FLEXIBLE PACKAGING, INC. CONDITIONAL USE PERMIT
Chair Drotning opened the public hearing for consideration of the application of Appro `
Development, Inc., representing Rexam Flexible Packaging, Inc., for a Conditional Use
Permit to allow the construction of a mechanical equipment cupola at a height greater
than 45 feet onto an existing industrial building located at 8235 - 220t" Street.
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 Michael Sobota noted that in
reviewing the site plan, Community Development staff found that there are two 75-foot
cupolas and nine 65-foot silos located on the Rexarn property that currently exist
without conditional use permits. Staff is recommending that action on the current
application for a CUP be tabled and the CUP application be revised to include the
proposed new cupola, the two existing cupolas, and the nine existing silos. Anew
public hearing notice covering all of the existing and proposed structures in excess of
45 feet will be published for a future Planning Commission public hearing.
9.71 MOTION by Wulff, Second by Comer to table action on the application of Appro
Development, Inc., representing Rexam Flexible Packaging, Inc., for a Conditional Use
Planning Commission Meeting Minutes
July 15, 1999
Page 2
• Permit to allow the applicant to submit a new application to include the proposed new
cupola, the two existing cupolas, and the nine existing silos.
Roll call vote was called on the motion.
Ayes: Bellows, Moates, Drotning, Skipton, Comer, Wulff.
Nays: 0.
ITEM 6. PUBLIC HEARING: PARK OVERLOOK: CUL-DE-SAC STREET LENGTH VARIANGE and
PARK OVERLOOK FINAL PLAT
Chair Drotning opened the public hearing for consideration of the application of
.Shamrock Development, Inc. for a cul-de-sac street length variance for the proposed
Park Overlook final plat. Assistant City Attorney Poehler attested that the legal notice
had been duly published and mailed as required by state statute.
Park Overlook Variance
City Planner Daryl Morey noted that the Park Overlook development includes the
construction of one local street. The new street (176th Circle), proposed as a 906-foot
long cul-de-sac street, will be constructed on the west side of Ipava Avenue at the
existing 176th Street intersection. The Subdivision'Ordinance requires avariance for
permanent cul-de-sac streets exceeding 500. feet. Community and Economic
Development staff supports the variance as requested due to the environmental
• features (significant trees, steep slopes, and wetlands) on the subject site..
Park Overlook Final Plat
City Planner Daryl Morey presented an overview of the application submitted by James
Stanton, Shamrock Development, Inc., for the final plat of Park Overlook, a
development consisting of 15 single family lots on 8.47 acres of land located on the
west side of Ipava Avenue and south of 175th Street. The subject property is zoned R-
2, Single Family Residential District.
City Planner Morey noted that the Planning Commission had recommended approval
of the Park Overlook preliminary plat at their June 17, 1999 regular meeting; .however,
action on the Park Overlook final plat was tabled until the Environmental Affairs
Committee (EAC) had an opportunity to review a revised final Tree Preservation Plan.
Shamrock Development has submitted revised plans which propose saving additional
significant trees within. the development..
At their July 13, 1999 meeting, the EAC reviewed and recommended approval of the
Park Overlook final plat, revised Tree Preservation Plan, and a revised Grading Plan a
with grading modifications necessary in order to save the additional significant trees
recommended by the EAC. Assistant City Engineer Tim Hanson noted that the
revised Tree Preservation Plan successfully preserves eight to ten additional major
oak trees.
Mr. Morey indicated that the proposed. development and layout. of the Park Overlook
final plat is consistent. with the preliminary plat approved by the City Council on July 6,
Planning Commission Meeting Minutes
July 15, 1999
Page 3
1999. Community Development staff recommends approval of the cul-de-sac variance
and final plat subject to the July 9, 1999 Planning Report..
Commissioner Wulff requested clarification of 4.c. of the draft Findings of Fact
supporting the variance for cul-de-sac street length. Commissioner Wulff expressed
her preference for a loop street in lieu of the long cul-de-sac road design.
City Planner Morey responded that the environmental sensitivity of the site, traffic.
safety on Ipava Avenue, and lack of street connection possibilities to the north, south.,
and west were hardship factors that support the variance request.
Chair Drotning expressed his opinion that one access point to Ipava Avenueis
adequate for the proposed 15 single family lots. In addition, he stated that the traffic
safety issue with Ipava Avenue in this instance supercedes additional tree
preservation.
Assistant City Engineer Tim Hanson indicated that the proposed street design allows
for the. preservation of existing significant trees on the southerly portion of the plat.
Further, allowing only one access point from the Park Overlook development to Ipava
Avenue is an important transportation issue with respect to the future median in Ipava
Avenue.
. There were no comments from the audience.
99.72 MOTION by Moates, Second by Bellows to close the public hearing at 6:27 p.m.
Rolf call vote was called on the motion.
Ayes:. Moates, Drotning, Skipton, Comer, Wulff, Bellows.
Nays: 0.
99.73 MOTION by Bellows, Second by Moates to recommend to City Council approval of the
Park Overlook final plat and cul-de-sac street length variance subject to the July 9,
1999 Planning .Report, the 11 stipulations as listed in the June 30, 1999 revised
Planning Report, and approval of the Findings of Fact dated July 15, 1999 in support
of the variance.
Roll call vote was called on the motion.
Ayes: Drotning, Skipton, Comer, Bellows, Moates.
Nays: Wulff.
Motion passes.
Commissioner Wulff indicated her negative vote was because of the following: 1) the
proposed road configuration has a high potential to negatively impact the existing
wetland area; and 2) no extreme physical hardship is evident to support the proposed
variance for cul-de-sac length.
•
Planning Commission Meeting Minutes
July 15, 1999
Page 4
~TEM 7. PUBLIC HEARING: U.S. WEST WIRELESS, LLC AND MINNESOTA VALLEY FREE LUTHERAN
CHURCH: PLANNED UNIT DEVELOPMENT/CONDITIONAL USE PERMIT
Chair Drotning opened the public hearing for consideration of the application of U.S.
Wireless, L.L.C.. and Minnesota Valley Free Lutheran Church for a Planned Unit
Development/Conditional Use Permit (PUD/CUP) to allow the construction of a cellular
telephone antenna tower with a total height greater than 15 feet in the R-2, Single
Family Residential District. Assistant City Attorney Poehler attested that the legal
notice had been duly published and mailed as required by state statute.
Community and Economic Development Director Michael Sobota presented an
overview of the application of U.S. West Wireless, L:L.C. and Minnesota Valley Free
Lutheran Church for aPUD/CUP to allow the construction of a 55-foot tall cellular
telephone mono-pole antenna with a 2-foot tall lightning rod on the Minnesota Valley
Free Lutheran Church property located at 16075 Highview Avenue. The proposed
total height of the structure is 57 feet. A Planned Unit Development (PUD) is required
because the proposed antenna represents a second principal structure on the subject
property. A Conditional Use Permit (CUP) is required because the antenna is
proposed to exceed the maximum 15-foot height for the R-2 District.
Mr. Sobota indicated that the cellular telephone antenna mono-pole is proposed to be
located in a wooded area along the southerly boundary of a proposed future parking
lot expansion for the church and set back approximately 200 feet from the east
property line. Sobota. stated that the church owns two separate contiguous parcels
approximately ten acres each. Staff is recommending that these two parcels be
combined prior to issuance of a building permit for the cellular telephone antenna.
Mr. Sobota noted that in 1984, Minnesota Valley Free Lutheran Church received a
conditional use permit (CUP) to allow the construction of the church. Upon inspection
of the site and in reviewing the site and landscape plans. that were approved as part of
the 1984 CUP, staff observed that the required paving and landscaping of the church
property had not been completed. Staff is recommending the construction of a
minimum of 74 paved and curbed parking stalls and completion of the landscaping in
accordance with the 1984 CUP as a stipulation for approval of the proposed US West
mono-pole antenna PUD/CUP.
Bob Rudebusch, 17416 Inland Loop, representing Minnesota Valley Lutheran. Church,
and Phyllis O'Connell, U.S. West Real Estate Coordinator, indicated that the church
and U.S. West are in agreement with the stipulations for approval recommended by
staff as outlined in the July 9, 1999 Planning Report.
Commissioner Wulff indicated that she had several questions regarding details of the
proposed landscape/berm plan. Mr. Rudebusch stated that Glen Gustafson, project
engineer and member of the church, had contacted him and indicated he had been
delayed in traffic and would be unab a to arrive at the Planning Commission meeting in
• time for this presentation. Mr. Rudebusch requested that the Planning Commission
table action on this request to allow for Mr. Gustafson's arrival to respond to questions
regarding the landscape/berm plan.
Planning Commission Meeting Minutes
July 15, 1999
Page 5
Kimberly Hurm, 16070 Highview Avenue, stated that she had questions regarding the
specific. location and appearance of the proposed mono-.pole noting her interest in
whether or not the pole would be unsightly and detrimental to the surrounding
residential properties.
Community and Economic Development Director Sobota indicated that the mono-pole
is proposed to be located in a wooded area along the southerly boundary of a future
church parking lot expansion. The mono-pole is proposed to be metal and will be a
galvanized metal color. U.S. West has agreed with the church to attach a parking lot
light fixture to the mono-pole which will serve to light the church parking lot expansion
area..
99.74 MOTION by Wulff, Second. by Moates to table action on the application of U.S.
Wireless, L.L.C. and Minnesota Valley Free Lutheran Church for a Planned Unit
Development/ Conditional Use Permit (PUD/CUP) for a cellular telephone antenna
tower until a representative of the church arrives and can respond to questions from
the Planning Commission regarding details of the landscape/berm plan.
Roll call vote was called on the motion.
Ayes: Skipton, `Comer, Wulff, Bellows, Moates, Drotning.
Nays: 0.
~TEM 8: PUBLIC HEARING: MINNESOTA VALLEY FREE LUTHERAN CHURCH:
CONDITIONAL USE PERMIT AMENDMENT
Chair Drotning opened the public hearing for consideration of the application of
Minnesota Valley Free Lutheran Church for a Conditional Use Permit (CUP) to allow
the operation of a day school in the R-2, Single Family Residential District. Assistant
City Attorney Poehler attested that the legal notice had been duly published and
mailed as required by state statute.
Because the Minnesota Valley Free Lutheran Church request for a CUP for the day
school is related to the U.S. West Wireless PUD/CUP application with. regard to
landscaping and berming, Mr. Rudebusch requested tabling action on this request for
the same reasons as stated earlier.
99.75 MOTION by Skipton, Second by Moates to table. action on the application of Minnesota
Valley Free Lutheran Church for a Conditional Use Permit (CUP) for a day school
operation until a representative of the church arrives and can respond to questions
from the Planning Commission regarding details of the landscape/berm plan.
Roll call vote was called on the motion.
Ayes: Comer, WulfF, Bellows, Moates, Drotning, Skipton.
Nays: 0.
Planning Commission Meeting Minutes
July 15, 1999
Page 6
~EM 9: NEW BUSINESS
TEM 9A: DANIEL LAUN - 8675 -206TH STREET WEST: INFORMAL DISCUSSION FOR VARIANCE AND
CONDITIONAL USE PERMIT
City Planner Daryl Morey introduced Mr. Daniel Laun, 8675 206th Street West, who
has asked for the opportunity to make an informal presentation of a proposal to
construct improvements on his property which is located in the historic downtown area
and zoned R-3, High Density Single Family Residential District. Mr. Laun's house,
built in 191.7, is set back approximately 15 feet from the south (front) property line. An
existing detached single car garage is set back approximately 20 feet from the west
property1ine (Holt Avenue) which is also treated as a front yard property line because
it gains its access from Holt Avenue. The current zoning ordinance requires a 30-foot
front yard setback for each of these structures. There is also a small detached storage
building on the property, formerly used as a chicken coop and currently used for lawn
and garden equipment storage. The ordinance allows a total accessory building area
of 788 square feet.
Mr. Daniel Laun discussed his wish to complete .the following proposed improvements
on his property:
1) Removal of the existing detached single car garage and. replace it with a three-
stall, 768 square foot, 20-foot tall detached building with storage space above.
Maximum building height in the R-3 District is 15 feet.
• 2) Retain the existing 140-square-foot storage shed (chicken coop) while improving
the aesthetic appearance and condition of the shed with a new roof, repainting,
and renovation of the windows and doors.
3) Mr. Laun indicated he wants to maintain the current 20-foot front yard setback
from. Holt Avenue for the new garage as we11 as maintaining the current side yard
setbacks of the existing detached structures which are less than the ordinance
requirement of ten feet.
4) The combination of the proposed new garage and existing shed totals 908. square
feet of accessory building area. A maximum of 788 square feet of accessory
building area is permitted in the R-3 District without a CUP.
Mr. Morey stated that Community and Economic Development staff fiave indicated to
Mr. Laun that they are willing to support a Conditional Use Permit for: 1) expansion of
a non-conforming single family home; 2) a second detached accessory building if the
detached garage and shed are both relocated to meet the 10-foot side yard setback;.
3) total accessory building floor area. greater than 788 square feet; and 4) a detached.
accessory building higher than 15 feet. These recommendations are consistent with
past and recent recommendations for conditional use permits approved by the
Planning Commission and City Council. Staff has further indicated to Mr. Laun that
they could not support maintaining the current 20-foot front yard setback for the
proposed new detached garage nor the variance to side yard setbacks for the
proposed garage and existing storage shed.
Planning Commission Meeting Minutes
July 15, 1999
Page 7
Mr. Laun stated his belief that tree preservation, cost, and support from surrounding
neighbors meet the criteria necessary for a variance and are valid reasons and
justification for his pursuing the variance to the non-conforming setbacks. Two mature
trees (approximately 75 years old) would have to be removed in order to construct a
new detached garage with the required ten-foot side yard and 30-foot front yard
setback. Also, a reconfiguration of the existing double-wide driveway, including
curbing would have to be constructed to-meet the ten-foot side yard setback. Mr. Laun
also cited two instances in the past 11 years (Nord and Bertram) where property
owners in the historic downtown neighborhood were allowed to build detached
accessory buildings that did not meet setback requirements. City Planner Morey
responded that both of these CUP requests had circumstances different than Mr.
Laun's.
Chair Drotning explained to Mr. Laun that the Planning Commission cannot consider
economics as a hardship in their review of a variance application. The hardship must
be related to physical restrictions of the property. Chair Drotning indicated that the
mature trees could very likely be impacted by the construction even if the Laun's were
allowed to maintain the existing setbacks. Further, the subject lot is large enough to
accommodate the proposed detached structures and still meet ordinance setback
requirements. There are no steep grades o~- building code issues that would constitute
a hardship.
• Commissioner Wulff stated that perhaps the City should study the downtown Lakeville
residential neighborhood and identify issues that are unique and specific to this area..
There may be an opportunity to address these issues in the zoning ordinance update
scheduled for revision this fall The Planning Commission and staff invited Mr. -Laun to
become involved in the zoning ordinance update process and submit his comments in
writing or by attending -the public hearings on what he believes may be a fair ordinance
that would address issues unique to the downtown residential neighborhood.
The Planning Commission concurred that they could support Mr. Laun's CUP
requests, but not the setback variance because it does not meet the criteria necessary
to grant a variance. However, the Commission indicated they would support
addressing ordinance issues for this unique area in downtown Lakeville as part of the.
Zoning Ordinance revision process.
ITEM 7. PUBLIC HEARING. (C@COt1Velled):
U.S. WEST WIRELESS, LLC AND MINNESOTA VALLEY FREE LUTHERAN
CHURCH: PLANNED UNIT DEVELOPMENT/CONDITIONAL USE PERMIT
99.76 MorloN by Wulff, Second by Moates to reconvene the public hearing at 7:35. p.m. for
the application of U.S. West Wireless, L.L.C. and Minnesota Valley Free Lutheran.
Church for a Planned Unit Development/Conditional Use Permit (PUD/CUP).
Roll call vote was called on the motion.
Ayes: Wulff, Bellows, Moates, Drotning, Skipton, Comer.
Nays: 0.
Planning Commission Meeting Minutes
July 15, 1999
Page 8
• Chair Drotning reminded the Commission and the audience that earlier this evening,
action had been tabled on two related agenda items to allow time for the volunteer
project manager to arrive and respond to questions regarding a proposed Landscape
Plan that is identical for both applications. This hearing is for the application of U.S.
West Wireless and Minnesota Valley Free Lutheran Church fora (PUD/CUP) to allow
the installation of a 55-foot tall cellular telephone antenna on the church property.
Sobota noted discussion earlier regarding the cellular telephone antenna proposed to
be located north of the existing tree-line, south and east of the existing church-building.
Cellular telephone antennas are allowed by Conditional Use Permit if they exceed 15
feet above the ground.
The Planning Commission agreed to Commissioner Wulff's recommendation that
Stipulation No. 8 of the July 9, 1999 Planning Report be amended to read as follows:
"A minimum of 74 paved and curbed parking stalls shall be constructed prior to the
issuance of a Certificate of Completion for the antenna. "
Mr. Bob Rudebusch, representing the Minnesota Valley Free Lutheran Church,
introduced. Glen Gustafson, representing the church. Mr. Gustafson :presented details
of the proposed site plan #or the church, including landscaping, berming, and the intent
to install a light on the mono-pole to serve in lighting the future expanded parking lot
for the church.
• Commissioner Wulff re nested .additional details re ardin ro osed landsca in of
q g gp P P 9
the berm area located at the corner of 160th Street and Highview Avenue. Mr.
Gustafson noted that there is adequate ~rade and. there should not be any vehicle
headlights from the parking lot onto 160 Street or Highview Avenue right-of-way.
Commissioner Moates questioned why U.S. West chose the location of the mono-pole
on the church property rather than on the Apple Valley water tower located across
160th Street to the north. Commissioner Moates further questioned the installation
details and stability of the proposed mono-pole and whether the trees in the area
posed a threat if they were to be uprooted in a major storm.
Mr. Brian Joas, RF Engineer for U.S. West, indicated there were issues related. to the
Apple Valley water tower design and its capacity to store water within the structure
from the ground up to the top of the tank. This could interfere with the ability to attach
the mono-pole to the water tower structure. The City of Apple Valley was approached
to put the antenna on the water tower, but the City would not allow the placement on
the tank. Mr. Joas indicated he was not aware if U.S. West had approached the City
of Apple Valley about locating the mono-pole on the water tower property. Mr. Joas
further provided details regarding the footings used for the installation of the. mono-
pole and noted that felled trees should not impact the mono-pole.
• Commissioner Comer questioned what criteria was used in U.S. West's decision to
locate the mono-pole at the proposed location. Commissioner Comer indicated he
Planning Commission Meeting Minutes
July 15, 1999
Page 9
• would like to know if other locations were pursued and, if so, what the reasons were for
eliminating those other locations.
Kim Hurm, 16070 Highview Avenue, reiterated her concerns for aesthetics of the
mono-pole and its' visibility to surrounding residential neighborhoods. Ms. Hurm
indicated her preference that the mono-pole be located on the water tower site in
Apple Valley stating her belief that there be further investigation of alternative locations
for this antenna tower. Staff responded that the 55-foot height would be just above the
existing trees.
Mr. Russ Moerke, 17260 Hayes Avenue, stated he didn't feel that the residents in the
area were aware of the proposal to erect a cellular telephone antenna tower on the
church site. Mr. Moerke indicated that he would prefer that the mono-pole structure be
located in an industrial area.
Mr. Joas responded that several Lakeville sites have been identified for the location of
cellular telephone antennas due to the rapid growth of Lakeville and U.S. West's goal
to provide complete and continuous coverage of the area for cellular telephone user
demand. The size of the area is determined by the estimated number of users in that
area. A site with a high capacity demand such as the subject area requires a reduced
coverage area. Whereas, a site with a lower capacity demand can be served in a
larger coverage area. Due to the density of the residential population and. estimated
• number of users in this area and the existing topography of the church site, U.S. West
Wireless, L.L.C. has identified this site as a critical location for an antenna mono-pole
structure that will provide enhanced and quality cellular service to their customers in
this service area.
99.77 MoTioN by Wulff, Second by Skipton to close the public hearing.
Roll call vote was called on the motion.
Ayes: Bellows, Moates, Drotning, Skipton, Comer, Wulff.
.Nays: 0.
Commissioner Moates questioned whether other. sites in the City of Lakeville were
considered noting he was not convinced that this was the best site for the mono-pole.
Ms: Phyllis O'Connell, real estate locator for U.S. West, noted that the existing
topography and wooded sites within this search area presented many challenges in
finding an appropriate location. Ms. O'Connell stated that it is crucial that this area be
covered for future wireless needs including computers and emergency 911 coverage
use via wireless communications.
Commissioner Comer indicated he would like to see proof that this is the best and only
site that would provide adequate coverage for the area.
• Chair Drotning suggested that in future applications for the installation of cellular
telephone antennae within the city, complete documentation and a summary of the
Planning Commission Meeting Minutes
July 15, 1999
-Page 10
i criteria used in the site selection process be submitted with the application. This would
provide evidence to staff and the Commission that due diligence was done in the
"search area" to determine the best site. Such documentation should include the sites
that were identified and the reasons why some were eliminated and why the proposed
site is the best.
99.78 MOTION by Wulff, Second by Moates to recommend approval of the planned unit
development/conditional use permit to allow the installation of a 55-foot tall cellular
telephone antenna mono-pole with atwo-foot tall lightning rod located at 16075
Highview Avenue subject to the 13 stipulations as listed in the July 9, 1999 Planning
Report. with an amendment to Stipulation No. 8 as discussed and approval of the
Findings of Fact dated July 15, 1999.
Roll calF vote was called on the motion.
Ayes: Drotning, Skipton, Wulff, Bellows.
Nays:. Comer, Moates.
Commissioner Moates indicated his negative vote was due to inadequate proof
provided by U.S. West Wireless that the proposed site is the best location for the
cellular telephone mono pole structure.
Commissioner Comer indicated his agreement with Commissioner Moates reasoning
for a negative vote.
~TEM 8: PUBLIC HEARING (reconvened):
MINNESOTA VALLEY FREE LUTHERAN CHURCH:
CONDITIONAL USE PERMIT AMENDMENT
99.79 MOTION by Wulff, Second by Moates to reconvene the public hearing at 8:15 p.m. for
the application Minnesota Valley Free Lutheran Church for a Conditional Use Permit.
Roll call vote was called on the motion.
Ayes: Drotning., Skipton, Comer, Wulff, Bellows, Moates.
Nays: 0.
Community and Economic Development Director Michael Sobota presented an
overview of the application of Minnesota Valley Free Lutheran Church for a Conditional
Use Permit to allow the operation of a day school within the existing building for up to
28 children on the church property at 16075 Highview Avenue. Sobota stated that a
1984 CUP included a phased building/parking tot and required the planting of trees
around the north and east perimeter and within islands of the parking lot. The
landscaping has not been installed as of this date. Staff is recommending that the
CUP amendment require that the trees in the vicinity of the Phase I development be
installed as part of the parking lot paving project.
Mr. Sobota noted that the church currently owns two separate parcels that will be
• required to be combined into a single parcel prior to the issuance of a Certificate of
Occupancy for the day school Sobota also discussed the existing and proposed
residential development surrounding the subject property noting that a proposed
Planning Commission Meeting Minutes
July 15, 1999
Page 11
realignment of Highview Avenue wilt traverse the church property resulting in the
church building ultimately being situated on the east side of the realigned Highview
Avenue. This .road realignment is identified in the City's Transportation Plan and will
occur at the time that the property to the west and south of the church. is developed.
Assistant City Engineer Tim Hanson discussed the details of the proposed parking lot
(Phase I) and future parking lot expansion (Phase II) and existing and proposed future
driveway accesses from the parking lot to existing Highview Avenue. Driveway access
and the future. Highview Avenue realignment are outlined in detail in the July 9, 1999
Engineering Report.
There were no comments from the audience.
99.80 MOTION by Wulff, Second by Moates to close the public hearing.
Roll call vote was called on the motion.
Ayes: Skipton, Comer, Wulff, Bellows, Moates, Drotning.
Nays: 0.
99.81 MOTION by Skipton, Second by Moates to recommend. approval of the Conditional Use
Permit Amendment requested by Minnesota Valley Free Lutheran Church to allow the
establishment of a day school operation on their property located at 16075 Highview
• ' Avenue subject to the 13 stipulations as outlined in the July 9, 1999 Planning Report
and approval of the Findings of Fact dated July 15, 1999.
Roll call vote was called on the motion.
Ayes: Comer, Wulff, Bellows, Moates, Drotning,~Skipton.
Nays: 0.
Chair Drotning opened the Panning Commission Work Session at 8:25 p.m.
Community and Economic Development Director Sobota indicated that during .the
Tactics Study phase of the 1998 Comprehensive Plan Update, a major issue which
was cited as a matter to be resolved was the lack of certainty relative to mid density
housing projects... The zoning and development .processing portion of mid density
housing projects has previously focused on planned unit developments (PUDs). A
concern has been raised that this process is too flexible and there is general
uncertainty regarding the final end product. To address this issue, Northwest
Associated Consultants (NAC) was commissioned to draft R-5A, Two-Family and
Medium Density Specific. Standards Residential District as an amendment to the
current zoning ordinance.
David Licht, NAC, stated that City staff and the City Council have established two
directions in resolving the mid density housing issue. First, PUD shall continue to be
available as a zoning and development tool. However, specific criteria will be
established as to when the City will consider its utilization. Later, as a part of the
overall text revision., specific standards will be formulated which will guide the.
Planning Commission Meeting Minutes
July 15, 1999
Page 12
application of PUD. The City Council has identified the establishment of the R-5A
District standards as the first priority to resolving the mid density housing. issue.
Mr. Licht noted that in preparation of a mid density zoning district for immediate
adoption and in advance of work on the balance of the ordinance text and map, it must
be recognized that the ordinance is actually an interim step and will likely change as
part of subsequent work. Mr. Licht discussed the basic philosophy and direction that
the proposed new mid density residential zoning district is founded upon as detailed in
his July 6, 1999 Planning Report memorandum.
Mr. Licht noted that the proposed new zoning district establishes straight forward,
specifically defined, requirements and standards with flexibility and negotiation on the
part of both the City and the developer minimized or preferably eliminated. As a
consequence of minimizing or eliminating the public review process, the new R-5A
district regulations are highly specific and detailed. The flexibility which has existed in
the .past is therefore "traded" for the elimination of public review and comment.
Mr. Licht proceeded to present a detailed summary of a proposed draft R-5A District
zoning ordinance amendment by section.
Commissioner Wulff stated she understands that proposed Section 11'-29A-10:
DESIGN AND CONSTRUCTION STANDARDS, Subsection. C.6. Unit Construction:
.establishes' guidelines that. prohibit exterior finishes of building from being. all vinyl or
wood exterior. However, she indicated that this section would also discourage
buildings from being_entirely brick or stucco which may be a desirable end product.
The Planning Commission agreed with Mr. Licht's recommendation that Section 11-
29A-10: DESIGN AND CONSTRUCTION STANDARDS, SubSectlOn 1.1. Drives: be revised to
allow dead-end private driveways longer than 100 feet in length.
The Planning Commission further agreed that additional amenities related to
.landscaping, screening, and lighting be established for. the development of flat
(cornfield) development areas as detailed in 11-29A-10: DESIGN AND CONSTRUCTION
STANDARDS, Subsection K.1. Landscaping/Screening/Lighting. The formula and
method for calculating "Project Value" should be re-evaluated to be more equitable.
The Planning Commission concurred that the USABLE OPEN SPACE definition needs
more clarification in defining what can and cannot be calculated as open space area.
Community and Economic Development Director Sobota indicated that City staff
invited potential multi-family developers to a presentation of the proposed R-5A District
regulations on Tuesday, July 13, 1999. The developers were encouraged to review
and offer comments on the proposed zoning ordinance amendment related to the
proposed updated performance standards for multiple-family residential developments.
• Sobota stated that several developers attended this presentation and offered some
excellent comments from the developer and marketing point of view. To date,
Wensmann Homes, Town & Country Homes, Rottlund Homes, Pioneer Engineering,
Planning Commission Meeting Minutes
July 15, 1999
Page 13
D.R. Horton, Inc. -Minnesota, and Lyman Development Co. have submitted written
comments. These comments were distributed to the Planning Commission for review
and comment. The comments are also currently being reviewed by NAC and City staff
and will be analyzed for content and potential incorporation into the proposed
ordinance.
Sobota encouraged the I~lanning Commission to review the submittals of the
developers and the draft ordinance amendment and call City staff with any comments
they may have for inclusion in the draft ordinance. It is anticipated that the public
hearing for this amendment will take place the second meeting in August.
There being no further business, the meeting/work session was adjourned at 9:20 p.m.
Resp tfully sub d,
Donna Quintus, cording Secretary
ATTEST:
Karl Drotning, Chair