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HomeMy WebLinkAbout08-19-99 • CITY OF LAKEVILLE . PLANNING COMIVIISSION MEETING MINUTES AUGUST 19, 1999 ITEM 1: Call to order. The August 19, 1999 Planning Commission meeting was called to order by Chair Drotning at 6:00 PM. in the City Hall Council Chambers ITEM 2: Roll call of members: Present: S. Kot, C. Moates, K. Drotning, L. Rieb, J. Comer, W. Wulff and Alternate B. Skipton. Absent: .Tim Knutson and Dave Bellows Staff Present: Michael Sobota, Community and Economic Development Director; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Ron Mullenbach, Associate Planner, Tim Hanson, Assistant City Engineer; Roger Knutson, City Attorney; and Judi Ryan, Recording Secretary. ITEM 3: Minutes of August 5, 1999. • The minutes of the. August 5, 1999 Planning Commission meeting were discussed. Commissioner Wulff indicated that she had identified a typo in the July 30, 1999, revised August 4, 1999, Planning Report regarding building height related to building setbacks in the Boulder Village 3`d Addition. Commissioner Wulff requested that Page 2 of the August 5, 1999 Planning Commission meeting minutes be amended to include her recommendation as follows: "For further clarification, Commissioner Wulff requested that on Page 7 of the July 30, 1999, revised August 4, 1999, Planning Report staff recommendation No. S. c. be amended to read as follows: S. The following building setbacks shall be met with the Boulder Village 3ra Addition development: c. Between buildings = % the height of the sumo the adjacent buildings. Community and Economic Development Director Michael Sobota stated that the typo had been corrected in the planning report.. The August 5, 1999 Planning Commission meeting minutes were approved as corrected. ITEM. 4: Announcements. Community and Economic Development Director. Michael Sobota stated that staff made a minor correction to the Cynthia Konich planning report. The corrected planning report was provided to Commission members for tonight's meeting. Commission members had received • all information regarding various agenda items. Planning Commission Meeting Minutes August 19, 1999 Page -2- ITEM 5: Consent A enda. g 99.90 Motion by Wulff, Second by Comer, to recommend to City Council approval of the August 19, 1999 Planning Conunission Consent Agenda as follows: 5A. Cynthia Konich: Special Home Occupation Permit Extension. Recommend to City Council approval of the request of Cynthia Konich to allow athree-year extension of a special home occupation permit. allowing a physical therapy-therapeutic massage business at 17217 Idlewood Way. 5B. Town and Country Estates Third Addition. Recommend to City Council approval of the final plat of 62 townhouse lots located on the north side of 165' Street at Jaguar Avenue. 5C. Zweber Farm Eighth Final Plat. Recommend to City Council approval of the final plat of 37 single-family lots located west of Highview Avenue and north of Dodd Boulevard. Roll call vote was called on the motion. Ayes: Skipton, Kot, Moates, Drotning, Rieb, Comer, Wulff. Nays: 0 ITEM 6: Public Hearin: APPRO Development. and Rexam Flexible Packaging • Chair Drotning openedthe public hearing for consideration of a Conditional Use Permit to allow mechanical equipment cupolas and materials storage silos at a height greater than 45 feet on an existing industrial building site located at 8235 - 220"' Street W. City Attorney Roger Knutson attested that the legal notice had been. mailed and published as required by state statute. Mr. Jim Connelly, representing Rexam Flexible Packaging (formerly Startex Corporation), stated that the need for the additional cupola height on the proposed new cupola is to contain and enclose mechanical equipment for a new product line.. The cupola is proposed to be 70.33 feet in height and will match existing building materials. Associate Planner Ron Mullenbach stated that approval of this Conditional Use Permit would bring existing non-conforming structures, as well as the new cupola, into compliance with Zoning Ordinance requirements. In order to meet Rexam's construction timeline, a building permit was issued when approval was received from the Federal Aviation Administration (FAA) and the Metropolitan Airports. Commission (MAC). Construction has, therefore, already begun on the project. The new cupola will be slightly shorter than the two existing cupolas. Mr. Connelly stated that APPRO Development and Rexam are in agreement with the five stipulations contained in the planning report. Associate Planner Mullenbach stated that stipulation #5 can be removed as it was completed this afternoon with the submittal of a signed parking deferment agreement. Commission members agreed to the removal of Stipulation #5. 99.91 Motion by Wulff, Second by Rieb to close the public hearing at 6:10 PM. Roll call was called on the motion, Ayes: Kot, Moates, Drotning, Rieb, Comer, Wulff, Skipton. Nays: 0 Planning Commission Meeting Minutes August 19, 1999 Page -3- 99.92 Motion by Rieb, Second b Moates to recommend to Ci Council a royal of the a lication Y tY pp PP of APPRO Development, Inc. on behalf of Rexam Flexible Packaging for a Conditional Use Permit. to allow mechanical equipment cupolas. and material storage silos at heights greater than 45 feet on an existing industrial building/site located at 8235 - 220`'' Street West subject to Stipulations #1 through #4 as listed in the August 13, 1999 Planning Report, eliminating Stipulation #5 as discussed above and to approve the Findings of Fact for the Conditional Use Permit dated August 19, 1999. Roll call was called on the motion. Ayes: Moates, Drotning, Rieb, Comer, Wulff, Skipton, Kot. Nays: 0 ITEM 7: Public Hearin: Heritage Commons, LLC and Lakeville Five, Inc. Chair Drotning opened the public hearing for consideration of: 1) a vacation of permanent public drainage and utility, right-of--way, roadway, trailway, and pedestrian path easements which are located on property generally located north of County Road 50 (202' Street) between Holyoke Avenue and CSAH 9 (Dodd Boulevard); 2) a PUD/CUP to allow more than one principal building on a commercial lot and to allow impervious surface area greater than 25 % in the Shoreland Overlay District; and 3) a preliminary and final plat of two lots and three outlots to be known as Heritage Commons. City Attorney Roger Knutson attested that the legal notices had been mailed and published as required by state statute. • Mr. Jack Amdahl, KKE Architects, presented the project for the developers. Mr. Amdahl stated that the applicants are proposing the development of approximately 34 acres. of property for commercial development. The first phase will include the construction of two 15,000 square foot buildings on proposed Lot 1, Block 1. This proposed retail center is consistent with the "town square" concept plan and is planned to tie the historic downtown to the new development in this area, including the municipal campus. Mr. Amdahl stated that he has worked extensively with City staff to provide an open public area as part of his development. With the division of the originally proposed single building into two smaller buildings, an outside plaza with an overlook onto the ponding area will be provided. Building materials are proposed to be brick, .similar to the municipal campus, masonry with a stone look,. and accented by a lighter brick. The roofing material is apre-finished bronze-colored metal. The .developer identified the trail sections which were proposed to be built in conjunction. with the trail easements along the drainage channel and ponding areas. The Heritage Square Homeowners Association has agreed to provide an easement on this common area west of the ponds which would allow the open overlook design. Mr. Amdahl stated that the developer is in agreement with the stipulations in the staff report. He stated that with. the agreement of the Homeowners Association to provide an easement there would be more flexibility in relationship to Stipulation # 10. Frank Dempsey,. Associate Planner, stated that Heritage Commons,. LLC and Lakeville Five, Inc. have submitted applications for an easement vacation, a proposed preliminary plat of 12 lots, a final plat consisting of two lots and three outlots, a Conditional Use Permit fore impervious surface, and a Planned Unit Development/Conditional Use Permit for multiple buildings on one lot..The Jeffersonian architectural theme. for the initial two buildings'is Planning Commission Meeting Minutes August 19, 1999 Page -4- desi ned to tie the d n g ow town together with this retail center and be consistent with the design. of the municipal campus. Each of the two buildings proposed as part of Phase I will consist of approximately 15,000 square feet. The proposed 139 parking spaces for Phase I meet the ordinance requirements for retail uses. Existing underlying easements will be vacated and then rededicated with the final plat. The City's Comprehensive Plan identifies the property as commercial.. A greenway corridor identified in the Comprehensive Trail Plan and the Heritage Commons site plan meets the ultimate development goals for the pedestrian trail- system. The greenway trail corridor will run northwest/southeast along the creek. The recently approved Gateway Corridor elements for landscaping, including Heritage Drive and the water features fall within the signature planting plans. Abridge is proposed between existing Heritage Drive and the commercial area to the west and its design will compliment other features of the development. When fully developed, the preliminary plat will consist of 121ots. Heritage Drive is proposed to run east/west through the site with access from Dodd Boulevard. Iberia Avenue connects Heritage Drive with County Road 50 at the existing Iberia/County Road 50 intersection. The Phase I parking area is proposed to have 25-foot tall parking lot lights, similar to those used at the.City Hall parking lot: Staff feels. lights are consistent with good design and should not be visible to residents to the east. The Shoreland Overlay District includes all land within 300 feet from the bank of the former creek bed adjacent to the east side of the development. A Shoreland Impact Plan has been submitted for the area of the preliminary plat located within the shoreland area of the North Branch of South Creek. Proposed impervious surface areas for the preliminary plat at full development is proposed to be 58.7%. Impervious surface areas within this Shoreland District may be greater than 25%, up to 70%, with the approval of a conditional use permit. The Environmental Affairs Committee, the Dakota County Soil and Water Conservation District and the Parks and Recreation Advisory Committee have all recommended approval to City Council. Chair Drotning opened the floor for commission member comments and questions. Commissioner Moates stated his concern about the possible impact this development will have on the stream and asked if there would be any monitoring of the water quality, either short or long term. Assistant City Engineer Tim Hanson stated that a stream redevelopment plan has been done which includes all aspects concerning storm water runoff and ponding. Two nutrient ponds have been constructed with one more planned in Heritage Commons which will filter runoff into. the stream. Trees and existing vegetation will remain, assisting with shading of stormwater for cooling purposes for the trout stream. Mr. Hanson stated these issues were reviewed and addressed as part of the design of this plat. Michael Sobota stated that the development of greenways is also a part of the stream bank preservation plan. Commissioner Moates asked if there would be a traffic signal on Dodd Boulevard and Heritage Drive. He suggested that the conduit for a signal be installed so that the roadway Planning Commission Meeting Minutes August 19, 1999 Page -S- would not need to be torn up in just a few years when traffic justifies signal installation. Tim Hanson stated that there are plans to upgrade Dodd Blvd from CSAH 50 to 192' Street. Discussions have been held with Dakota County concerning access and spacing guidelines. Traffic warrants would need to be met prior to installation of traffic signals. Chair Drotning asked whether water and sewer pipes would also be installed under the roadways as part of this project. Mr. Hanson stated. this would most likely be the case. Commissioner Moates asked if the angle parking that is planned for the Phase I site works well in other areas. Frank Dempsey stated that it works well in the City Hall parking lot. Project signage, which will advertise building tenants, will be installed north of Iberia at Heritage Drive. Commissioner Rieb stated she is impressed with the "look" of the development which will be a good addition to Lakeville. She requested staff to point out on the site plan the location of green space. Commissioner Rieb asked if there would be lights installed on the trail behind the building? Sobota stated that it is now standard to light heavily traveled trails. Commissioner Rieb questioned if there would be any dumpsters or employee parking behind. the buildings which could be visible to the neighbors. The developer pointed out that trash containers would be located within a dumpster enclosure located on the south end of the. south building and north end of the north building and. there would be no trash receptacles outside. Also, most deliveries for the tenants will be through the front doors. • Michael Sobota noted that Stipulation #10 states that the grading plan shall be revised to extend the retaining wall north and/or east and excavate the pond to a minimum three-foot water depth next to the retaining wall. It has not yet been determined which direction the retaining wall will go. There are some constraints due to the jog in the property line. The Heritage Commons Homeowners Association has agreed to provide a trail easement to allow more .flexibility in planning and also a private retaining wall agreement for the developer. Associate Planner Dempsey provided clarification of the definition of building height and noted that the buildings are within the maximum permitted building height of 35 feet. Chair Drotning opened the hearing for comments from the audience. Josephine Balsis, 20074 Hoya Court, asked to whom has the Heritage Commons Homeowners Association actually given the easement? Sobota clarified that the public trail easement west of the ponds would be provided to the City of Lakeville. A second easement discussed with Wensmanns (developer of Heritage Square) was the need for an easement for a part of the retaining wall which would be provided to the developer. Mr. Sobota further stated the area between the buildings will be a "focal point" to view the water features. Mrs. Balsis stated she looked forward to the project getting built. Dan Laun, 8675 - 206`'' Street, asked whether the proposed parking lot lights created glare. Community and Economic Development Director Michael Sobota stated that the new technology of lighting fixtures is much better. Alighting plan has been developed with non- Planning Commission Meeting Minutes August 19, 1999 Page -6- Tare li htin .Street li htin will be the same as the Hol oke Avenue street li htin g g g g g Y g g downtown. Mr. Laun asked if there are any 24-hour businesses, such as a Byerly's, which would be open all night? The developer. stated that currently there is nothing proposed, however, as the site develops there may be other needs. Also, as the site develops, there may be more signage needed. Mr. Laun asked if this development is planned to help revitalize the downtown, are there any plans not to lease space to tenants which would directly compete .with existing businesses. Sobota stated that the Downtown Lakeville Business Association has been involved in the planning of this development and that the Downtown has been strongly supported by staff and the City Council. Chair Drotning. stated that the Planning Commission cannot determine which businesses will go into the spaces, but sound business practices and good marketing are always recommended. Chair Drotning noted that the location of Heritage Commons near the downtown provides more opportunities for the downtown to obtain spin-off benefits from increased traffic. Chair Drotning further stated that the design of the buildings incorporates design features to tie together the old downtown with the new development. Commissioner Wulff stated she thinks it will make shopping in the downtown more convenient and attract more shoppers. Ron Gerk, 20711 Holt Avenue, asked about the accesses into the development from Dodd Boulevard north of the Phase I site and why construction had. already started. Sobota stated that a private street access is planned to connect to the northerly property, just west of the Phase I buildings. This street is planned to curve west and connect to Dodd Boulevard. Mr. Sobota also stated that there are no businesses proposed in Phase I which would be under the hours of operation ordinance review. Due to a prior redevelopment agreement, previous discussions with the Planning Commission, and a $30,000 security, a Grading Permit was issued in order for the developer to begin grading. Mr. Gerk also asked about the trout stream. Mr. Sobota stated the plans have been previously reviewed by the Department of Natural Resources (DNR). In reply to his question concerning tax increment financing, Sobota noted that a Redevelopment Contract approved by the City Council about a year ago outlined all issues regarding Tax Increment Financing. Jim Heidemann, 20059 Ideal Way, asked about truck deliveries to the businesses. The developer. stated that most businesses would be served by small trucks that will load and unload at the sides and front of the building. Mrs. Balsis asked if a grocery store is included in the first. phase of the Heritage Commons development? Mr. Bernardi stated that they are currently in negotiations with a potential grocer and a decision is expected shortly. Mr. Sobota was asked if the bridge would be for pedestrians or vehicle .traffic. Mr. Sobota stated that on the south side of Heritage Drive, a concrete sidewalk exists next to the library and the concrete will continue across the bridge and to the west. On the north side of Heritage Drive the bituminous trailway will be extended to the bridge with a concrete .walk on Planning Commission Meeting Minutes. August 19, .1999 Page -7- the bridge. The trail will then continue west of the bridge to the trailway that extends north along the ponds. The bridge is proposed to extend Heritage Drive and is planned to be 40 feet wide with. two driving lanes and pedestrian walks on both sides. 99-93 Motion was made by Rieb, Second by Kot, to close the public hearing at 7:30 PM. Roll call was called on the motion. Ayes: Kot, Moates, Drotning, Rieb, Comer, Wulff, Skipton. Nays: 0 Commissioner Comer asked if trash could be picked up early in the morning prior to stores opening, as well as deliveries made. Mr. Sobota stated that it would not be an issue with the first phase of the development. 99.94 Motion was made by Kot Second by Comer, to reconunend to City Council approval of the applications of the Heritage Commons, LLC and Lakeville Five, Inc. for an easement vacation,. preliminary and final plat and planned unit development/conditional use permit to be known as Heritage Commons subject to the 11 stipulations as listed in the August 13, 1999 Planning Report and approval of the Findings of Fact for the Planned Unit Development/Conditional Use Permit dated August 19, 1999. Roll call was called on the motion. • Ayes: Moates, Drotning, Rieb, Comer, Wulff, Skipton, Kot Nays: 0 Planning Commission Chair Drotning informed the developers that their proposal would be considered by the Lakeville City Council at their September 7, 1999 meeting. ITEM 8: Public Hearing: Shamrock Development, Inc. -Marion Fields Second Addition. Chair Drotning opened the public hearing for consideration of the application of Shamrock Development Inc. for the following: 1) Vacation of permanent public ponding and drainage easements recorded as Document .Numbers 199265 and 828806, located on land. north of 210"' Street and west of Dodd Boulevard (CSAH 9) and 2) Consideration of a preliminary plat of 103 single. family residential lots to be known as Marion Fields Second Addition and a rezoning from R-2, Single Family Residential District (100-foot wide lots) to R-2A, Single Family. Residential District (85 foot wide ' lots.) The property is located north of 210"' Street and west of Dodd Blvd. (CSAH 9.) City Attorney Roger Knutson attested that the legal notice had been duly published and mailed as required by state statute. Jim Stanton, representing Shamrock Development, reviewed the proposed plat and layout with the Planning Commission. Mr. Stanton stated that Outlot B will be dedicated to the City of Lakeville as parkland. This land dedication reduced the number of lots from 115 to 103. He also stated that the several revisions to the Grading Plan resulted in the preservation of many trees. Expansion of the pond on the northeast side will make up for reducing the size of the Planning Commission Meeting Minutes August 19, 1999 Page -8- and on the south side.. Mr tant n nclu ed statin that when it is com leted the and p . S o co d by g p p will include an additional four feet of water storage. City Planner Daryl Morey stated that the Planning Commission is being asked to consider three items. an easement vacation, rezoning and approval of the preliminary plat. The first addition of Marion Fields is currently under construction east of Dodd Boulevard. The public easements being vacated, as shown on Exhibit D of the planning report, will be rededicated on the final plat contingent upon final plat approval. Also, a private US West easement will be relocated to the west plat boundary, which will maximize the rear lot area available to future homeowners for such items as detached sheds, landscaping, etc. The property is currently zoned R-2.(100-foot lots width). The Planning Commission is being asked to consider recommending rezoning to R2-A, (85-foot lot .width) consistent with .the Growth Management Task Force's recommendations and the 1998 Comprehensive Land Use Plan Update. The rezoning would also be contingent on final plat approval. The developer has prepared a boundary survey in conjunction with the preliminary plat. The survey shows some encroachments into the property that must be removed prior to issuing building permits. A copy of the plat has been submitted to ISD #194, which acknowledged that approximately 200 additional students would be added to the school system in Marion Fields First and Second Additions, possibly creating the need to adjust school boundaries for the southerly elementary schools prior to the 2000-2001 school year. Mr. Morey stated that Lot 1, Block 7 would include the existing Hammer homestead. Since this will be an oversized lot, there may be a future desire to subdivide. this lot. A "ghost plat" for the possible future subdivision of this lot is shown on the preliminary plat, consistent with ordinance requirements. If this lot is subdivided in the future, staff recommends driveway access off 208` Street and that the existing storage building be removed. The developer is proposing three outlots. Outlot A in the northwest corner would contain the stormwater retention pond. Outlot A will be deeded to the City at no cost. Outlot B will be deeded to the City with the final plat which, coupled .with grading the outlot, will satisfy the park dedication requirement. In addition, the developer will be required to construct a bituminous trailway from the cul-de-sac street to the existing trail. The Ciry will pay the cost for the trail construction, which will connect to the existing trail located on the north side of the plat. Outlot C is the wetland area in the southeast corner of the plat which will also be deeded to the Ciry with the final plat. A southbound right turn lane on Dodd Boulevard at 208` Street and a west bound right turn lane on 210` Street at Street G is recommended by staff. The developer is dedicating additional right of way for Dodd Boulevard and 210``' Street to meet ordinance requirements. Mr. Morey stated that street names on the plat are identified with letters since names are being modified by staff and Dakota County. Driveway accesses from this plat onto 210"' Street and Dodd Blvd are prohibited. .Planning Commission Meeting Minutes August 19, 1999 Page -9- The ro osed buffer and landsca a lantin s com 1 with the Gatewa and Corridor Desi n P P Y P P g PY Y g Guidelines and the developer is providing signature plantings, as seen along Dodd Boulevard, to enhance the design. Staff is recommending a berm be developed along the back lot lines of the easterly three lots on 210"' Street and the five lots on Dodd Blvd. The rear yard slope on the westerly lots abutting 210`" Street would prohibit berm installation: .The Environmental Affairs Committee met on August 17, 1999 and recommended approval of the preliminary plat. The Parks and Recreation Advisory Committee met on August 18, 1999 and accepted staff's recommendation for parkland dedication. In order to make up the balance of the park dedication requirement, the developer has agreed to rough grade and seed the park and provide a cash escrow for thefuture upgrade of Dodd Boulevard adjacent to Outlot B. This will be a future park and is not planned for development at this time. The developer will also be required to .install techny arborvitae as a screen along the interior trail The developer hosted a neighborhood. meeting on August 11, 1999 which was attended by approximately 22 people. Chair Drotning requested comments from the Planning Commission members. Commissioner Kot asked what the difference is in the number of houses when. the property is rezoned from R-2 to R-2A. Mr. Morey stated that R-2 would allow approximately 15 % more frontage with a similar increase in lots expected. Kot also asked if there is enough school space available. Staff stated that, according to the ISD 1941etter, there was adequate space for the school year 1999-2000. Housing construction in Marion Fields First and Second Additions. will likely take place over the next two years. The development may ultimately affect school boundaries in the southern portion of the district. Jixn Stanton stated that due to construction timelines, the development should not have any impact on enrollment. during this (1999-2000) school year. Commissioner Moates asked if there would be any trail lights on Lot 11, Block I. Mr. Morey stated that there will be a street light installed at the end of the cul-de-sac. street. Lights currently exist along the existing trail on the north side of the plat. Additional lights would probably not be needed. Commissioner Wulff asked if there were spacing guidelines for street accesses onto 21011' Street.. Tim Hanson stated that 210"' Street is a City street and that spacing requirements by Ordinance. technically refer to driveways. Mr. Hanson also stated that the location of this intersection is more of a grade issue than spacing. The proposed street access onto 210` Street is the best location given grades and sight. lines. Commissioner Wulff indicated on the Landscape Plan that there is no landscaping shown for Lot 8, Block 7. Mr. Morey stated that landscaping would be added to the plan for this lot. Planning Commission Meeting Minutes August 19, 1999 Page -I Q Commissioner Wulff stated that this may be the appropriate time to have the storage shed removed from the Hammer homestead, given what has happened in other areas of the city, specifically the Lova Anderson property. Chair Drotning stated that it might not be a fair comparison,. as the Hammer homestead has a history of being properly maintained. Chair Drotning observed that aboveground fuel tanks exist on the property and wondered what they .would be used for if it is no longer a farming operation. Mr. Stanton stated. that the Hammers still farm other property, including 40 to 50 acres northwest of the proposed plat. Paul Hammer resides on the property and stores his work truck in the barn, along with equipment needed to farm. Mr. Stanton has indicated that the Hammers have insisted that the shed remain. Sobota questioned whether the barn should be allowed to stay if the adjoining property is developed and no longer farmed or if the Hammer homestead is subdivided. Mr. Sobota will also research Fire Codes related to the fuel tanks to determine if any possible contamination or other deficiencies need to be corrected. Chair Drotning stated that the fuel tanks could become a hazardous situation with new families moving into the development. Chair Drotning further stated that the silo should be removed as soon as development begins. Commissioner Kot felt that a specific date should be imposed for the removal of the shed to ensure that it is accomplished in a timely manner. Commissioner Rieb asked if farm equipment storage would then be outside if the storage building were removed. Mr. Sobota stated that it would be possible to include language in the development agreement to require the removal of the barn if the property is sold or subdivided, or if farm operations .cease. Sobota further stated that the shed is non-conforming and if the building is destroyed it could not be replaced. Commissioner Wulff suggested tying the removal of the building to the sale of the adjoining 40 acres which is currently being farmed. by the Hammers. City Attorney Roger Knutson felt that that recommendation would be within the Planning Commission's parameters if the members agreed. Commissioner Wulff asked if there would be any possibility of creating a short cul-de-sac off Street "G" so that the homestead lots would not be so elongated and could be more regularly shaped. Mr. Stanton will discuss the suggestion with the Hammers. Chair Drotning opened the hearing to comments from the floor. Mark Miller, 20950 Isle Avenue, stated he has been a resident of Clay's Acres for 20 years, and indicated. that he is dismayed at the proposed intersecting street on 210`k' Street. He feels with he slope of the hill on 210"' Street, during wet and wintry conditions, it could create a dangerous situation for people waiting to turn left and suggested a right in/right out only access for that street. He feels the proposed additional intersection onto 210`t' Street is too close to the crest of the hill. Chair Drotning asked Tim Hanson about the transportation issues that were discussed in the Engineering report. Mr. Hanson stated that it is standard practice to have more than one access into a residential area off of collector or arterial streets.. Staff would actually prefer. three accesses into this development, however, grades and other physical features have limited the accesses to two. 210"' Street is a major collector with 45 MPH speed limits and is not Planning Commission Meeting Minutes August 19, 1999 Page -11- identified in the Ci 's 1999-2003 CIP for u rade. Traffic n w f Dodd show ty pg cou is est. o approximately 4,000 trips daily. The existing roadway is adequate for current and projected traffic levels. Mr. Hanson felt a right in/right out access would require building a median and constructing a bypass lane on the south side of 210`'' Street. This design could be considered, however, the all-way stop at 210' Street and Dodd Boulevard is near the intersection and keeps speeds at a reasonable level. Bill Ryan, 20950 India Avenue, stated that he is a Lakeville firefighter and is concerned about traffic not being able to stop on 210' Street for the new intersection. Marian Lankas, 9575 - 208"' Street, lives by the existing pond and is concerned about the culvert not being able to handle the runoff and drainage from the new plat. She would like a written guarantee from the City that runoff will be contained within the proposed pond.. Ms. Lankas presented a petition from 15 of her neighbors who are also concerned about the affect. Marion Fields Second Addition will have on storm water runoff/drainage on the existing homes west of India Avenue. The Planning Commission accepted the petition submitted by the neighborhood residents and entered it into the public hearing record. Staff stated that the proposed pond modifications have been designed to catch runoff .from neighboring subdivisions. The pond elevation is being lowered by four feet, which will increase its capacity. Mr. Hanson also pointed out that India Avenue is upstream of this development and should not experience runoff from this plat. Greg Yetzer, 20650India Avenue, also stated that he did not feel that the two pipes that are being installed would be able to handle the flow of a large amount of water.. Mr. Hanson stated that an additional catch basin would be installed along India Avenue next year to increase inflow capabilities. Lisa Sommer, 9505 - 208"' Street, also lives next to the pond and is concerned about how many trees she may lose and about the US West easement. She also is concerned about disruption of the wildlife habitat in the pond. Jim Stanton stated that the U.S. West easement is 16-1/a feet wide and exists entirely within the Marion Fields .Second Addition plat. There are some encroachments that exist into he plat including a stand of spruce trees adjacent to the existing pond and a shed on another lot, which the developer will assist the homeowner in moving. The trees on her lot will not be removed. Mr. Stanton stated the. pond may take a couple of years to recover from the grading, .but nesting areas should return. Randy Dosh, 9525 - 208` Street, also has an accessory building and asked who would maintain new sod within the City outlot when the storm sewer system is extended.. Mr. Hanson asked if the homeowner could assist in watering and maintaining the sod when it is installed, Bill Ryan asked if an additional stop sign could be installed on a local street in his Meadows neighborhood.. Mr. Hanson informed Mr. Ryan of the procedure for requesting a stop sign. Planning Commission Meeting Minutes August 19, 1999 Page -12- Planning Commission members discussed the issues raised by the audience at the public hearing. Staff suggested that Stipulation #8 of the City Planner's report dated August 13, 1999 be revised to read as follows: New Stipulation #8: The large detached shed shall be removed if.• A) it is destroyed by over SO% of its value; B) Lot 1, Block 7 is sold or subdivided; and C) the adjacent Hammer- - owned land to the northwest ceases to be farmed by the Hammers. Mr: Sobota suggested the old 8.c. be moved to New Stipulation #17: The driveway access to the existing house and detached garage shall be relocated from Dodd Boulevard to 208`'' Street when Lot 1, Block 7 is subdivided. Staff further recommended a new stipulation # 18 to read as follows: New Stipulation # 18: The Landscape Plan shall be revised to include buffer yard landscaping on Lot 8, Block 7. Commissioner Skipton stated that the boundary survey was unsigned. Mr. Morey apologized for the lack of signatures on this document and the tree preservation plan and stated they would be signed prior to City Council consideration. Commissioner Skipton requested that staff contact the Building Official and Fire Marshal and check current ordinance requirements for outside fuel storage. Staff stated they will provide this information to the City Council. • Chair Drotning stated he felt Marion Fields Second Addition needs multiple accesses and it is not appropriate to recommend the installation of a median for right-in/right-out turns only off of 210' Street. Planner Morey stated that access to the proposed future park will be by existing and proposed trailways only. There is no parking lot planned. The size of the park will be appropriate for a tot lot, possibly a youth playground, some park benches, and other amenities to be determined by the Parks and Recreation Department. 99.95 Motion by Rieb, Second by Skipton, to close the public hearing at 9:25 PM Roll call was called on the motion. Ayes: Drotning, Rieb, Comer, Wulff, Skipton, Kot, Moates Nays: 0 99.96 Motion by Skipton, Second by Kot, to recommend to City Council approval of the applications of Shamrock Development, Inc. for the Marion Fields Second Addition preliminary plat of 103 single family residential lots, R-2A District rezoning and easement vacation on property located north of 210"' Street and west of Dodd Boulevard (CSAH 9) subject to the 18 stipulations listed in the August 13, 1999 Planning Report and as amended above and approval of the Findings of Fact for the rezoning dated August 19, 1999. Roll call was called on the motion. Ayes: Rieb, Comer,.. Wulff, Skipton, Drotning Nays: Kot, Moates Planning Commission Meeting Minutes August 19, 1999 Page -13- Commissioners Kot and Moates stated that th voted Na because th did not eel that y .f farming of the 40 adjoining acres of land, which is still farmed by the Hammers, should be tied to the removal of the shed. Both commissioners feel the Hammers have maintained their property well and slyould not be penalized. Motion passes. ITEM 9: Public Hearin: J.C. Holdings, Inc. -Crystal Lake Clubhouse 2nd Addition. Chair Drotning opened the public .hearing for: A. Consideration of a planned unit development amendment to allow: • an expansion of the Crystal Lake Golf Clubhouse for a food and banquet addition; and • an expansion of the parking lot to accommodate the food and banquet addition parking requirements at property located at 16725 Innsbrook Drive. B. Consideration of a fmal plat of Crystal Lake Clubhouse 2na Addition, located at 16725 Innsbrook Drive. City Attorney Roger Knutson attested that the legal notice had been duly published and mailed as required by state statute. Jeff Hultgren, part owner of Crystal Lake Clubhouse, introduced himself and several of his associates. Mr. Hultgren proceeded to give a brief history and background of the development of the golf clubhouse and housing beginning with a study which was completed for the Ciry of Lakeville and the Crystal Lake Development Corporation as part of the original Walnut Ridge development prior to 1990. The study included a demographic and golf course marketing study.. Since then the Ciry has actively worked with the golfcourse developers on plans, wetland preservation and management, etc. The City also insisted that a permanent clubhouse be built as part. of the original development agreement for the golf course. The clubhouse currently is licensed by the Ciry of Lakeville to sell wine and beer and the owners are not asking for a liquor license. The current operator. of the golf course is American Golf Corporation, an international golf course management firm. Crystal Lake Golf Course is one of their top .rated facilities in the region and they are proud to be an Audubon certified golf course. Mr. Hultgren acknowledged the efforts by the Ciry of Lakeville and their .part in making the Crystal Lake Golf Estates a successful project. Mr. Hultgren presented copies of a letter from his attorney, Mr. John Brandt, stating that he does not feel-that a PUD amendment should be required since the proposed expansion was discussed publicly and privately at the time the development was approved in 1991 and in 1994. Mr. Hultgren further stated that a neighborhood meeting was held. on August 11~' at which time neighbors expressed concerns about noise and parking, concerns for children, number of events and size of events. Mr. Hultgren stated that the neighbors have a right to orderly, productive and fact-based comments. He indicated the neighbors' main concern initially was • the parking lot location, which has been resolved by a revised proposal to expand the original lot. Regarding noise control, the architect has added insulation and is looking at a possible airlock system. Mr. Hultgren has offered to .the city security in the form of an off-duty police Planning Commission Meeting Minutes August 19, 1999 Page -14- officer to monitor th 1 H f erati n were defined as e area at a 1 tunes during events. ours o op o 11:00 PM on Monday through Thursday, and 12:00 AM on Friday through Sunday. Mr. Hultgren further stated that landscaping improvements will include enhancement of the berms and installation of decorative screenings. Delivery trucks do come into the area, approximately once or twice a week. Mr. Hultgren stated that Innsbrook Drive was constructed as a minor collector in order to support the golf course traffic, deliveries, etc. Hultgren stated they are proposing a remodeling of a portion of the existing clubhouse and the construction of a 224-seat banquet facility on the north side of the existing golf clubhouse building. The property is zoned Planned Unit Development (PUD.) Mr. Hultgren concluded by stating he feels this expansion was originally planned and is in keeping with the goals of .the. course, therefore, no amendment should be necessary. Scott Beasley, American Golf Corporation, stated they. are very proud of Crystal Lake Golf Course and its Audubon affiliation. Mr. Beasley indicated he was available for any questions related to the operation of the course. Wayne Hilbert, C & H Architects, presented details of the clubhouse expansion plans. Wayne Lamoreaux, Pioneer Engineering, discussed the original site grading and erosion • control plans and a revised plan based on the neighborhood meeting. The revised plan includes 25 pazking spaces, in addition to the original proposed 36 spaces, within the existing lot. Evergreens which are planted in the berms will be transplanted, not removed in order to increase the. planting and screening density. A five to six foot high burning bush hedge will be planted as screening for the residents across the street. Michael Sobota, Community and Economic Development .Director, presented the staff report.. The proposal is for an amendment to the PUD and a final plat to tie the clubhouse to the parking lot as one parcel. City staff reviewed issues associated with the proposal based on the existing PUD and on city ordinances. Currently the clubhouse is 7,200 squaze feet and the developer is proposing an .addition of 6,400 squaze feet. Based on current ordinance pazking requirements, 61 additional parking stalls are needed to accommodate the 224-seat banquet facility. Other issues studied were the proposed exterior, building height, sound proofing, and liquor licensing. Several concerns had been raised at the neighborhood meeting of August 11, 1999, including the location of the new pazking azea east of the east driveway. Since the neighborhood meeting, the developer has submitted a concept of expanding the existing parking lot to accommodate all required parking. A detailed review of the concept has not been completed by staff: However, the concept appears to .meet city requirements with some additional screening. In regard to .the building, the exterior blends into the azea from an architectural standpoint. Landscaping and screening have previously been detailed on the original plan. The building • height for expansion is within the city zoning requirements. Sound proofing was a concern and a condition has been added requiring. that doors aze to be closed during events. City staff is also proposing a stipulation that would prohibit a liquor license in the establishment. The building. plan is contingent on review by the Fire Mazshall. Grading, drainage and erosion Planning Commission Meeting Minutes August 19, 1999 Page -1 S- control lans were reviewed b cit staff and were addressed in a memo to the Plannin P Y Y g Commission. Mr. Sobota concluded that if the Planning Commission recommends. approval, staff recommends compliance with the ten stipulations in the planning report. Chair Drotning opened discussion from Planning. Commission members. Commissioner Wulff asked about the hours of operation. Mr. Hultgren stated that the clubhouse is currently open until 11:00 PM, however, during the week very few events run that late. He stated that it has never been an issue with the neighborhood nor have there been any complaints. Wulff asked if there was any landscaping planned which would be appropriate for year-round screenings. Mr. Hultgren suggested a decorative wood fence if the berm cannot be brought up to a maintainable slope. Commissioner Wulff would like to see a completed landscaping plan for the revised plan. She also mentioned that the proposed deck .extends along the side of the building but is not being screened from the neighborhood. Mr. Hultgren stated that the deck could be restricted to daytime hours to prevent any possible noise issues. Chair Drotning opened the public hearing to comments from the floor. R. Glenn Nord, attorney representing the Crystal Lake Homeowners Association, stated that. • this request is not just for an expansion of a golf course, but a change of business operations. The club will go from asix-month season to a 12-month season operation. There is an anticipated increase in event size, noise and liquor usage. He also feels this is spot rezoning by putting a business in the middle of a residential area. Mr. Nord presented a petition containing names of 162 neighbors who are concerned about various issues associated with this. proposal.. Even though a liquor license is not being proposed at this time, the probability exists for this to be a future request. Additional issues thatneed to be reviewed include headlights and lights from the windows of the buildings. The expansion of the parking area is an issue for many of the neighbors. Premium prices were paid for lots that will now overlook the parking lot rather than the golf course. Mr. Nord also cited language in a previous staff. report indicating that the building is designed to be expanded should banquet facilities be required. Mr. Nord concluded by stating potential homeowners were apparently not informed of that when they purchased their lots. The Planning Commission accepted the petition submitted by the neighborhood residents and entered it into the public hearing record. Chair Drotning acknowledged receipt of an e-mail dated August 12, 1999 from Trudy Crego, 16722 Innsbrook Drive, expressing support of the application of J.C. Holdings, Inca for an amendment to their Planned UnifDevelopment application that would allow an expansion of .the Crystal Lake Golf Clubhouse banquet facility. The Planning Commission accepted Ms. • Crego's a-mail and directed that it be included in the public record for this public hearing. Patty Brion, 16726 Innsbrook Drive, lives across the street from the facility and is .concerned about the business expanding to a 12-month operation. and the safety of neighborhood children Planning Commission Meeting Minutes August 19, 1999 Page -16- after people have been drinking. She was never informed that banquet facilities were part of the originally proposed use. With banquet facilities, a caterer can usually bring liquor onto. the site and if it is not intended to be used, that should be stipulated so no hard liquor is allowed. Ms. Brion also suggested that the deck along the. side of the building be eliminated. Ms. Brion stated that the sidewalk that was originally proposed and approved along Innsbrook Drive has not been constructed. She also feels that residents received very short notice of the neighborhood meeting. Greg. Lyon, 16811 Ironwood Circle, feels there has been a pattern of misrepresentations and lack of disclosure on the part of the golf course. Chair Drotning asked if he could restrict his comments to the item on the agenda. Mr. Lyon feels it is unfair to change the business five years after the fact and they do not want a bar in their neighborhood. He feels the business is not consistent with the residential golf course neighborhood. Gary Carlson, 16702 Innsbrook Drive, works in real estate and was not informed of the intentions for future expansion of the golf club. He is concerned about the resale value of his property if this is approved. Jay Fredericks, 16746 Ides Circle, believes the neighbors were given short notice of the meeting. Additional golf course traffic also comes in from his side of the neighborhood where there are no .sidewalks. Mr. Fredericks asked how parking needs are calculated and • expressed concern that event traffic will join with golf traffic which will increase the likelihood of on-street parking. He also asked if security would be on duty at large events to assist with noise control. Dr. Larry Sleepka, 16691 Innsbrook Drive, stated that he has asked the City to do some traffic counts and monitoring of speed along Innsbrook. He has also requested additional signage so golf patrons would keep their speed down. He expressed concern about the safety of children. Mary Simonson, 16599 Imperial Court, stated that golfers are repeat customers and are a different type of customer than a potential wedding guest which are typically a younger crowd. The mix doesn't seem to go hand-in-hand. Nancy O'Brien, 16694 Innsbrook Drive and Mary Johnston, 16709 Innsbrook Drive, stated that kids ride bikes and walk to school along the trails. They are concerned about additional traffic and additional alcohol use. Kent Hanley, 16710 Innsbrook Drive, lives across the street... He feels the space is already tight and does not feel this. is a family friendly proposal. He feels the only benefit will be to make the business more profitable. Ron Gerk, 20711 Holt Avenue, stated that he originally objected to the developmentbut now supports this proposal. He feels the business is very compatible with neighborhoods and the developer should be allowed to amend the PUD. Planning Commission Meeting Minutes August 19, 1999 Page -17- • Chair Drotning thanked all the residents and the developers for being present and keeping their comments .concise. Mr. Beasley stated that over 70% of American Golf's 300 courses include this type of facility and they operate without problems. Some of the examples include Olympic Hills Golf Club in Eden Prairie and Bluff Creek Golf Course in Chaska. 99.97 Motion by Rieb, Second by Kot, to close the public hearing at 11:40 PM. Roll call was called on the motion. Ayes: Drotning, Rieb, Comer, Wulff, Skipton, Kot, Moates Nays: 0 Commissioner Kot asked about the timing of the notice concerning the neighborhood meeting. Staff stated that the notice was mailed on August 6th, well before the ten days required by law. Commissioner Kot stated that she lives in Dakota Heights and can hear the crowd noises generated from soccer games beingplayed in North Park. Some of this is just "life going on" around the neighborhood. Commissioner Rieb asked about traffic counts on Innsbrook Drive. Assistant City Engineer Tim Hanson stated. that traffic counters were installed in Innsbrook Drive, west of Illinois Avenue, on Tuesday, August 10~' and removed Tuesday, August 17`t`. Counts on the weekend days were .approximately 300 cars per day and on weekdays about 400. About 85 % were at or below the posted speed. Mr. Hanson stated that the design of a minor collector street can i easily accommodate traffic of over 1,000 cars per day. Commissioner Rieb stated that she does not believe this constitutes spot rezoning, since the. .definition of spot rezoning is not based on fact and .without merit. Rieb also suggested a shuttle bus be used for large events. Mr. Hultgren felt this could be an acceptable alternative. Commissioner Wulff asked about the criteria for being able to bring liquor onto the premises. City Attorney Knutson stated that it is dependant upon the caterer's license. Some caterers do have State Liquor Licenses. However, a stipulation could be added, i.e., "no intoxicating liquor can be brought on the premises." Hours of operation were discussed. Mr. Hultgren stated that the only time things go later than 11:00 PM is for a special event and they have not heard any complaints. Mr. Beasley stated that many of the events are daytime events such as fashion shows, luncheons, corporate meetings, etc. Shuttle buses would not be necessary, based on the available proposed parking. Chair Drotning asked specifically for actual projections such as number of events, how many people at each, etc. Mr. Hultgren and Mr. Beasley agreed to submit projected estimates. Commissioner Rieb asked about parking calculations for the banquet facility. Sobota stated that the parking is based on ordinance requirements for restaurant uses. No on-street parking is planned to be part of this project. "No Parking" signs .can be posted on Innsbrook Avenue if on-street parking becomes a problem. The Flanning Commission could also recommend City Council stipulate that more on-site parking would have to be added later, if needed. Planning Commission Meeting Minutes August 19, 1999 Page -18- Chair Drotning stated that he feels more information is needed prior to making a recommendation to City Council and suggested that the item be tabled so more information can be gathered and facts identified to determine exactly what needs to be addressed. He stated the Planning Commission votes cannot be based on feelings and must be based on facts and ordinance requirements. Michael Sobota suggested that the following issues should be addressed by staff: • specific plans for functions to be held which should be provided by the developer; • hours of operation -both weekdays. and weekends and times of year; • parking lot design and screening from headlights; and • liquor on the establishment site. R. Glenn Nord stated he would like the deck issue added to the .list. Patty Brion would like the sidewalk issue from the trail to Innsbrook Drive added. The Planning Commission agreed that the list of issues to be addressed by staff including. the deck and sidewalk issues should be provided to the Planning Commission. Mr. Hultgren wanted to know how soon he could expect a recommendation so he could • schedule a timeline for construction and implementation of the project. Chair Drotning stated he would like the developer to host another. neighborhood meeting and that staff should address legal questions raised at the public hearing. 99.98 Motion by Rieb, Second by Moates, to table action on the applications of J.C. Holdings, Inc. for a planned unit development amendment for Crystal Lake Clubhouse for a food and banquet addition and a final plat of Crystal. Lake Clubhouse 2'~ Addition to the September 16, 1999 Planning Commission meeting with direction to staff to gather information on the key issues as discussed at this meeting. Roll call was called on the motion. Ayes: Drotning, Rieb, Comer, Wulff, Skipton, Kot, Moates Nays: 0 .ITEM 10: Public Hearin: Irene Peterson:. Conditional Use Permit Chair Drotning opened the public hearing for consideration of a Conditional Use Permit to allow construction of a 10' X 14' addition to anon-conforming garage, located at 20854 Holiday Avenue, which does not meet the minimum 10-foot side yard setback for accessory buildings in the R-2, Single Family Residential District. City Attorney Roger Knutson attested that the legal notice had been mailed and published as required by state statute. Irene Peterson stated that even though the Planning Commission had previously not supported her request to build the non-conforming addition, she had gone ahead with the project, as she .needed storage space for her riding mower and bagger. Mrs. Peterson presented the City with a petition signed by her neighbors supporting her garage expansion. Planning Commission Meeting Minutes August 19, 1999 Page -19- • Associate Planner Ron Mullenbach resented the staff re ort. In A ril an informal discussion p P P .had been held with Ms. Peterson and the Planning Commission concerning this project. At that time the Planning Commission had suggested that the structure be moved to conform with required setbacks. Subsequently, Mrs. Peterson began construction of the addition without a building permit. A stop work order was placed on the nearly completed addition, .after which time Mrs. Peterson submitted a complete Conditional Use Permit application. Mr. Mullenbach cited other non-compliances on the property, including the driveway and the accessory building setbacks. Staff informed Mrs. Peterson that she could avoid the Conditional Use Permit process by moving the existing garage to meet the side yard setback. Expansion of a conforming structure requires only a building. permit provided that the expansion meets ordinance requirements. Associate. Planner Mullenbach stated that the Planning. Commission has three options: 1) to recommend to the City Council denial of the application and direct staff to prepare Findings of Fact for approval at the next :meeting; 2) recommend approval of the application and direct staff to prepare Findings of Fact for approval at the next meeting; or 3) table the application until such time that the ordinance options for requirements in the Downtown can be reviewed as part of the Zoning Ordinance Update. • Chair Drotning stated that the Planning Commission needs to be consistent with its recommendations and how requests are dealt with and the ultimate enforcement of decisions. The Planning Commission has consistently attempted to bring non-conformancies into compliance and. is in the process of finding some solutions to the unique problems of the downtown area. Chair Drotning suggested that rather than deviating from policy, the Planning Commission could wait until some solutions are found for the downtown to determine what the next course of action should be. Mr. Drotning asked Mrs. Peterson whether she would be willing to have her request tabled until such time that the Zoning Ordinance is amended. Mrs. Peterson indicated she would support tabling the request. Sobota stressed to Mrs. Peterson that her existing setback of 0.6 feet is unlikely to be allowed even under the updated standards. 99.99 Motion by Kot, Second by .Comer, to close the public hearing at 12:45 AM. Roll call was called on the motion. Ayes: Comer, Wulff, Skipton, Kot, Moates, Drotning, Rieb Nays: 0 99.100 Motion by Kot, Second by Rieb, to table the application of Irene Peterson for a Conditional Use Permit and to direct City staff, upon written request from Mrs. Peterson for an extension, to pursue review of the downtown area as part of the Zoning Ordinance Update. Roll call was called on the motion. Ayes: Wulff, Skipton, Kot, Moates, Drotning, Rieb, Comer Nays: 0 Planning Commission Meeting Minutes August 19, 1999 Page -20- A letter om Irene Peterson a reein to table her re nest or a Conditional Use Permit to .fr g g q f expand her non-conforming garage until the Zoning Ordinance Update has been completed and received by the City on August 20, 1999 and is attached to these minutes. ITEM 11: Old Business. The Planning Commission discussed the results of the Work Session held earlier this evening. Members of the Commission stated they would provide a formal recommendation. to the City Council on the R-SA standards. 99.101 Motion by Rieb, Second by Skipton, that due to the changing demographics and markets associated with mid-density housing, the desirability of maintaining flexibility in processing such developments and the need to preserve the City's unique natural environments, the Planning Commission recommends to the City Council: 1) that the three options for processing mid-density housing projects identified in David Licht's August 12, 1999 memo (R-SA, R-5 CUP and PUD zoning) be included in the Zoning. Ordinance Update; and 2) that the R-SA District be drafted as part of the overall Zoning Ordinance Update, rather than independently. ahead of the overall update. Roll call was called on the motion. Ayes: Skipton, Kot, Moates, Drotning, Rieb, Comer, Wulff. • Nays: 0. ITEM 12: New Business. A. Future and Continued Planning Commission Agenda Items. B, Summary of City Council .Actions on Planning- Commission Agenda Items. ITEM 13: Staff Notices. The September 2, 1999 Planning Commission meeting has been cancelled. The next Planning Commission meeting will be held at 6:00 PM on Thursday, September 16, 1999. ITEM 14: Adjourn. There being no further business, .the meeting was adjourned at 12:50 AM. Respectfully submitted, ~J udi A. Ryan, Recordin Secretary ATTEST: Karl Drotning, Chairper on