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HomeMy WebLinkAbout05-07-98 City of Lakeville • PLANNING COMMISSION MEETING MINUTES May 7, 1998 The May 7, 1998 Planning Commission meeting was called to order by Chair Rieb at 6:00 p.m. in the City Hall Council Chambers. Roll call of members was taken: Present: Miller, Rieb, Drotning, Cecchini, Wulff, Alternate Member Skipton, and Ex Officio Member Bellows. Absent: Kot, Wanner. Also present: Michael Sobota, Community and Economic Development Director; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Tim Hanson, Assistant City Engineer; Roger Knutson, City Attorney; and Donna Quintus, Recording Secretary. The minutes of the April 16, 1998 Planning Commission Meeting and May 4, 1998 Special Planning Commission Meeting were approved as presented. ITEM 4: ANNOUNCEMENTS Community and Economic Development Director Michael Sobota requested that the Commission delay the Consent Agenda to allow more time for the developers/applicants to arrive in case there are any questions. Chair Rieb indicated that the Planning • Commission will begin with Agenda Item No. 6. ITEM 6; PUBLIC HEARING: Quail Meadows 2nd Addition: Easement vacation, Final Plat Chair Rieb opened the public hearing for consideration of the application of Backes Companies for the vacation of street, drainage, utility, and trail easements Located in Quail Meadows. City Attorney Roger Knutson attested that the Legal notice had been mailed and published as required by state statute. Easement vacation City Planner Morey noted that during review of the Quail Meadows preliminary plat staff identified existing street, drainage, utility, and trail easements that needed to be vacated.. Community and Economic Development staff recommends that these easements be vacated simultaneously with the approval of the Quail Meadows 2nd Addition final plat. The proposed easement vacation is standard City policy as it avoids duplication of easement documents and potential title problems in the future. Final Plat City Planner Daryl Morey presented an overview of the application of Backes Companies for the Quail Meadows 2nd Addition final plat. Quail Meadows 2nd Addition consists of 19 single family lots on an 8.56-acre parcel located south of 170th Street and west of Pilot Knob Road (C.S.A.H: 31) and represents the final phase of the two-phase Quail Meadows preliminary plat approved by the City Council on August 4, 1997. Regular Planning Commission Meeting Minutes May 7, 1998 Page 2 City Planner Morey indicated that the Environmental Affairs Committee .has reviewed the • Quail Meadows 2"d Addition final plat and recommends approval of the plat and Wetland Replacement Plan. The Parks and Recreation Committee recommended approval with a condition requiring the construction of an eight-foot wide bituminous trail within Outlot A as shown on the final grading plan. There were no comments from the public. 98.69 MOTION by Miller, Second by Wulff to close the public hearing at 6:20 p.m. Rohl call vote was called on the motion. Ayes: Miller, Skipton, Rieb, Drotning, Cecchini, Wulff. Nays: 0. 98.70 MOTION by Wulff, Second by Drotning to recommend. to City Council approval of the application of Backes Companies for the Quail Meadows 2nd Addition final plat and the street,. drainage, utility, and trail easement vacation request subject to the four (4) stipulations as listed in the May 1, 1998 Planning Report. Roll call vote was called on the motion. Ayes: Skipton, Rieb, Drotning, .Cecchini, Wulff, Miller. Nays: 0. ITEM 7: PUBLIC HEARING: Brian Forland Conditional Use Permit y~,ll Chair Rieb opened the public hearing for consideration of the application of Brian Forland for a Conditional Use Permit to allow the construction of a detached accessory building resulting in a total accessory building area greater than 2,000 square feet and 20 feet in height in the R-1, Low Density Single Family Residential District. City Attorney Roger Knutson attested that the legal notice had been mailed and published as required by state statute. Associate Planner Frank Dempsey provided an overview of the request from Mr, Brian Forland for a Conditional Use Permit to allow him to construct a 1.,462 square foot detached accessory building with a 23-foot building height on his 5-acre legal .non- conforming parcel of record located at 12280 197th Street. Combined with an existing 1,000 square foot attached garage the total accessory building area totals 2,462 square feet. Planner Dempsey noted that Mr. Forland has. identified a need for the large detached accessory building for storage of recreational vehicles, yard maintenance equipment, and other personal property. Planner Dempsey indicated that Community and Economic Development staff is supportive of Mr. Forland's request for a conditional use permit. because the proposed building will not be visible from any public street and has limited visibility to adjacent residences and the property is located outside the 2010 MUSH. Regular Planning Commission Meeting Minutes May 7, 1998 Page 3 Mr. Forland was present and indicated his agreement to the stipulations recommended by staff in the May 1, 1998 Planning Report. There was no public comment. 98.71.. MOTION by Wulff, Second by Drotning to close the public hearing 6:25 p.m. Roll call vote was called on the motion. Ayes: Rieb, Drotning, Cecchini, Wulff, Miller, Skipton. Nays:. 0. 98.72 MoTioN by Cecchini, Second by Wulff to recommend to City Council approval of the conditional use permit requested by Brian Forland to allow construction of a detached accessory building resulting. in a total accessory building area greater than 2,000 square feet and 23 feet in height in the R-1, Low Density Single Family Residential District on his property located at 12280 -197th Street West subject to the eight stipulations as listed in the May 1, 1998 Planning Report and approval of the Findings of Fact dated May 7, 1998. Roll call vote was called on the motion. Ayes: Drotning, Cecchini, Wulff, Miller, Skipton, Rieb. Nays: 0. ITEM 8: PUBLIC HEARING: Greenridge: Preliminary Plat/Rezoning Chair Rieb opened the public hearings for consideration of the application of Green Ridge Associates, L.L.P. for: 1) a rezoning from R-A, Single Family -Agricultural Residential District to R-2, Single Family Residential District; and 2) the Greenridge preliminary plat. City Attorney Roger Knutson attested that the legal notices had been duly mailed and published as required by state statute. City Planner Daryl Morey presented an overview of the applications from Lyle Nash, representing Green Ridge Associates, L.L.P., for a rezoning of property and the preliminary plat of Greenridge for the development of 133 single family residential lots and two outlots on 76.84 acres. The subject property is located west of Flagstaff Avenue, south of 175th Street West. Preliminary Plat City Planner Morey noted that the Greenridge 133 lot single family preliminary plat is proposed to be developed in two phases. Phase one will consist of 79 residential lots located on the easterly two-thirds of the preliminary plat and the second phase consists of 54 residential lots on the westerly one-third of the preliminary plat. Outlot A , located in the northeast corner of the plat is approximately .14 acres in size and lies adjacent to an exception. parcel. At the request of staff, the developer has initiated discussions with the exception parcel owner regarding their acquisition. of this outlot. . This would provide an opportunity for the existing driveway to be relocated from Flagstaff Avenue to a proposed future street within. the Greenridge plat. Mr. Nash verified that the property owner has indicated his acceptance to this proposal. Regular Planning Commission Meeting Minutes May 7, 1998 Page 4 City Planner Morey indicated that the Greenridge preliminary plat includes the dedication of 9.27-acres within Outlot B that meets the requirements for park dedication.. The developer will also be responsible for the construction of an eight-foot wide Multi-Purpose Trailway (MPTW) on the west side of Flagstaff to connect with existing trails in the area. Planner Morey indicated that the City's Engineering Department staff have reviewed the Greenridge preliminary plat plans for grading, drainage, erosion control, and utilities. Engineering staff recommendations are outlined in Assistant Engineer Tim Hanson's Engineering Report dated April 30, 1998. Planner Morey further noted that the Environmental Affairs Committee tEAC) reviewed the preliminary plat at their May 5, 1998 meeting and they have .recommended approval. The Parks and Recreation Committee reviewed the Greenridge preliminary plat at their May 6, 1998 meeting and have also recommended approval. Rezoning City Planner Daryl Morey indicated that the subject property is currently zoned R-A, Single Family -Agricultural Residential District. The developer has requested a rezoning of the property to R-2, Single Family Residential to allow the development of the Greenridge development as proposed. Planner Morey stated that the development of this property for single family homes is consistent with the Comprehensive tand Use Plan. However, Planner Morey indicated that approximately 4.91 acres of the Greenridge preliminary plat is currently located outside the 2010 MUSH. The delineation of the existing MUSH line was based upon watershed divides and potential area served by gravity sanitary sewer. Subsequent studies have been completed for this area and it has been determined that the entire Greenridge preliminary plat can be served by gravity sanitary sewer. In staff's discussions with the Metropolitan Council staff, they have indicated they would support refining the 2010 MUSH line to property boundaries in this case,. as well as in three other proposed residential developments within the City, to enable orderly development of collector streets, trunk sanitary sewer lines, water system improvements, and parks. Metropolitan Council approval of the 2010 MUSA line refinement is a condition of final plat approval, Community and Economic Development staff recommend approval of the Greenridge preliminary plat and rezoning subject to the eleven conditions as listed in the May 1, 1998 Planning Report. Mr. Lyle Nash, Green Ridge Associates, L.L.P., was present and indicated his agreement to the conditions as recommended by staff. Ex Officio. Commissioner Bel lows suggested that staff review the need for traffic control signage at the intersection of 175`h Street and Foliage Avenue for safety reasons. Thee Commission concurred. Regular Planning Commission Meeting Minutes May 7, 1998 Page 5 Commissioner Wulff stated that a response from Independent School District 192 regarding the impacts this subdivision will have on their school system should be .required prior to final plat review. The Commission concurred. Commissioner Wulff also noted her request that due to the configuration of the lots and proposed roadway intersection the driveways for Lot 4 and. Lot 5, Block 5 be located as .far from the intersection as possible. The Commission concurred. Jim and Julie Figgins, 654p 175th Street West, stated they are the owners of the property directly north of the exception property and east of Qutlot C, Country Pond South.. Ms. Figgins indicated that at the time they purchased their lot in 1991 she had contacted the City regarding the future use of Qutlot C. Ms. Figgins alleged that the City represented that Qutlot C would not be developed in the future due to existing utilities within the outlot. City Engineer Tim Hanson indicated that the 60-foot wide outlot was dedicated with the Country-Pond South plat for the future extension of Foliage Avenue to 175th Street when the property to the south developed. Mr. and Mrs. Figgins noted their concern that the extension of this road adjacent to their. property wi l result in roadways on three sides of their lot. They indicated their concern that the .increased through traffic posed a safety issue for them and their neighbors. Mr. and Mrs. Figgins suggested that a cul-de-sac be constructed that would terminate at the north end of the proposed park. They indicated this would still provide neighborhood access to the park, but would not promote high traffic volumes. Tory Weihe, 6556 175th Street West, indicated he owns the property to the west of Qutlot C, Country Pond South.. He indicated that because the street was not stubbed through.Outlot C to the undeveloped property to the south like other streets were throughout the Country Pond South plat it was always assumed that the street would not be developed because of existing utilities located within the outlot. Mr. Weihe also. stated his belief that the construction of the street extension would impact existing drainage patterns in the area and would cause ponding on his property. Pedestrian safety and additional truck traffic. also cited by Mr. Weihe as a concerns. Bruce & Wanda Stoddard, 17375 Foliage Avenue, indicated their opposition to the extension of Foliage Avenue to the proposed Greenridge subdivision because they thought it would increase traffic in front of their home. Mr. Stoddard stated that other streets in their subdivision that were stubbed through to undeveloped property were readily identified as future street connections. Since Qutlot C did not have a street stub it was easily assumed that the intent of the outlot wasforthe placement of utilities. Mr. and Mrs. Stoddard indicated their concurrence with the Figgins' request that a cul-de-sac be considered in lieu of a through street. In response to Mr. Weihe's concern for drainage and ponding in his lot, Ralph Wagner, Probe Engineering, responded that all drainage from the Greenridge plat will be handled within the plat boundaries. Engineer Wagner indicated he was the engineer for the Regular Planning Commission Meeting Minutes May 7,.1998 ,Page 6 Country Pond South plat and confirmed that the 60-foot wide Outlot C, Country Pond South was designed and dedicated for a future street extension. Community and Economic Development Director Michael Sobota indicated that the City now requires developers to construct future street connections. to the property line to ensure abutting property owners are aware of future street connections. Commission discussion continued regarding alternatives for dispersing traffic throughout the existing and proposed developments. City Engineer Tim Hanson described the proposed vehicular circulation indicating that the proposed street network provides for good circulation. within the subdivision and to the existing residential subdivision to the north. Commissioner Cecchini stated his belief that there is ample accessibility for both neighborhoods o the proposed neighborhood park without the extension of Foliage Avenue as a through street. Commissioner Cecchini indicated his preference that the City consider abandoning the requirement for extending Foliage Avenue or at least consider a cul-de-sac/truncating Foliage Avenue at the northerly boundary of the proposed park. Commissioner Drotning indicated his belief that some kind of access to the park be provided via Outlot C, Country Pond South. If a through street is not feasible, Commissioner Drotning indicated that perhaps an 8-foot bituminous trail be constructed to provide pedestrian access for the Country Pond South neighborhood to the park. Bruce and Wanda Stoddard, 17375 Foliage Avenue, indicated they would prefer a pedestrian walkway to vehicular access to the park. They cited additional traffic as a safety concern. Todd Stahl, 6638 175`h Street West, indicated that his lot abuts the northerly boundary of the proposed Greenridge plat and requested clarification as to the proposed grading of the lots and: the impact it will have on his and his neighbors lots. He indicated there is an existing 6-foot earthen berm along the rear of his lot and requested definition as to how the grade of abutting lots will be tied into the existing berm. Ralph .Wagner, Probe Engineering, responded and offered to work with abutting property owners for continuity between the two plats. Mr. Wagner indicated that this will be practical only if all abutting property owners are in consensus with proposed final grading plans at the time of final plat. Should this not be feasible, Mr. Wagner,. indicated that existing back yard grades will be matched and no grading will be done on the existing lots in the Country Pond South plat. Jeff Ibinger, 17536 Gage Avenue (Lot 7, Block 1, Country Pond South 6`h Addition), noted that a cul-de-sac is currently located at the southerly boundary of his street.. Mr. Ibinger indicated he had always assumed that this would remain a cul-de-sac. City Engineer Tim Hanson indicated that the existin Ga e Avenuetem ora aurnaround g g p rY was constructed and intended for future road extension at the time the property to the south developed. Regular Planning Commission Meeting Minutes May 7, 1.998 Page 7 Charlida Franks, 17520 Gage Avenue, requested the Commission to consider lowering. the density of the proposed Greenridge plat. Ms. Franks indicated that the subject property consists of a large wildlife area and natural habitat for wildlife. Ms. Franks stated that a redesign of the plat could include the removal of approximately 30 lots and provide a linear park that would provide a natural habitat area for wildlife and also serve asa buffer for traffic/road noise. Ms. Franks requested information as to when construction was scheduled to begin for the proposed Greenridge plat. Lyle Nash., developer, indicated that pending normal processing of the plat, it is expected .that grading will commence in July with house construction occurring in October 1998. Commissioner Drotning indicated that the Ciry was in receipt of a letter. from Terry L. Hoke, 1.7515 Gage Court, indicating concern for construction-related traffic using. Gage Avenue and Foxboro Lane. Mr. Hoke indicated concern. for the safety of children on these streets, particularly during the summer months, who are used to living on a dead- end street with only local traffic. Community and Economic Development Director Sobota indicated that the development contract requires heavy construction traffic for this subdivision to .access from Flagstaff Avenue. The City has been very successful by requiring. that the developer be responsible for informing his contractors of this stipulation and also be responsible for enforcing the terms of the development contract. Sobota noted that some building construction traffic may use existing streets, but most would be expected to utilize Flagstaff Avenue.. Ron Gerk, 10466 175th Street West, .indicated that he had attended the Parks and Recreation Committee meeting held on May 6, 1998. He stated that it is his understanding that the proposed 9-plus acre park was larger than required by the City's ordinance. Mr. Gerk stated that the conceptual layout of the park should be redesigned and that access to the park should be provided via a roadway from Flagstaff Avenue. City Engineer Tim Hanson indicated that access to the park will be provided from Flagstaff Avenue and that final. design of the park has not been determined. Existing T- .intersections and full turn intersections along flagstaff Avenue preclude the construction of another roadway intersection because it would not meet spacing guidelines for safety purposes. 98.73 MoTtoN by Miller, Second by Skipton to close the public hearing at 7:55 p. m. Roll call vote was .called on the motion. Ayes: Cecchini, Wulff, Miller, Skipton, Rieb, Drotning. Nays: 0. Discussion continued.. The Commission agreed to add the following conditions to the 13 stipulations for approval of the Greenridge. preliminary plat recommended by staff in the May 1.,.1998 Planning Report.: Regular Planning Commission Meeting Minutes May 7, 1998 Page 8 14) The east end of Street G shall be revised to include a cul-de-sac with a pedestrian trail connection to 175th Street. A design shall be submitted by the developer prior to City Council consideration of the preliminary plat.... 15) City staff should review the need for a stop sign on Foliage Avenue at 175th Street in the Country Pond South. development. 16) Driveway access for iot 4, Block 5 (Phase 1) shall be located on the east side of the Lot and driveway access for Lot 5, Block 5 (Phase 1) shall be located on the west side of the lot. 17) Comments from ISD 192 shall be received prior to Planning. Commission consideration of the final plat. 98.74 MOTION by Miller, Second by Wulff to recommend to City Council approval of the Greenridge preliminary plat subject to the 13 stipulations as listed in the May 1, 1998 Planning Report with the addition of the four stipulations as listed above, and approval of the requested rezoning from R-A, Single Family -Agricultural Residential District to R-2, Single Family Residential District subject to the Findings of Fact dated May 7, 1998. Roll call vote was called on the motion. Ayes: Wulff, Miller, Skipton, Rieb, Drotning, Cecchini. Nays: 0. ITEM 9: PUBLIC HEARING: Chris Olson: Conditional Use Permit ~~'I~ Chair Rieb opened the public hearing for consideration of the application of Chris Olson for a Conditional Use Permit to allow the construction of additions onto an existing non- conforming single family dwelling located at 10527 - 202nd Street West. City Attorney Roger Knutson attested that the legal notice had been published and mailed as required by state statute. Associate Planner Frank Dempsey presented an overview of the application from Mr. Chris Olson for a Conditional Use Permit to allow him to remodel an existing tuck-under garage into Living space and add on to the east side of the house; construct an attached garage onto the west side of the house; and construct a 240 square foot detached accessory building. The subject property is zoned R-2, Single Family Residential District and is .located on the west side of Lake Marion within the Shoreland Overlay District. Associate Planner Dempsey indicated that staff has identified two non-conforming issues related to the property: 1) the existing house does not meet the 75-foot setback to the. Lake Marion Ordinary High Water Level (OHWL); and 2) the existing deck on the rear of the house does not meet the required setbacks to the OHWL. The proposed additions and proposed new shed will all meet setback requirements. Associate Planner Dempsey noted that the Department of Natural Resources (DNR) has reviewed Mr. Olson's application and has indicated they have no comments on the proposed conditional use permit. Regular Planning Commission Meeting Minutes May 7, 1998 Page 9 Dempsey stated that the existing deck, constructed in 1985 upon issuance of a building permit, is 60 feet from the OHWL which is an encroachment of 15 feet. Upon review of the existing deck which is accessed via a narrow walkway from grade on the north side of the house or an existing elevated patio door on the upper level of the existing Mouse. Because of the location of the existing sliding glass door from the house, staff has determined that. there is no excess non-conforming deck which can be removed to lessen the non-conformity. Community and Economic Development staff recommends approval of the Conditional Use Permit as requested. subject to the five stipulations as listed in the May 1, 1998 Planning Report. Mr. Chris Olson was present and indicated his agreement to the conditionsfor approval as recommended by staff. Glenn Hulburt, 10530 202nd Street West, indicated he owns the lot to the south of Mr. Olson in the Blue Heron Bay subdivision. Mr. Hulburt stated. that he was not opposed to the proposed addition to the existing house or the remodeling of existing garage space to living space. Mr. Hulburt described the layout of his lot and the proposed positioning of his new home related to existing trees and the view from his home to the shoreline of Lake Marion, Mr. Hulburt noted that should Mr. Olson be permitted to locate his accessory structure as proposed, the accessory building would interfere with his view of Lake Marion. Mr. Hulburt further noted that he was the developer of the Blue Heron Bay plat wherein the private covenants prohibit detached accessory structures. Mr. Hulburt expressed his belief that accessory buildings detract from the neighborhood. However, Mr. Hulburt acknowledged that Mr. Olson's lot was not located in the Blue Heron Bay plat. Mr. Hulburt further questioned the accuracy of the lot survey that Mr. Olson submitted with his request for a CUP. Mr. Hulburt also questioned the proposed height of the building. Mr. Olson stated that his survey was completed by a registered surveyor in Aprii, 1998 and he had no reason to believe it may be in error. Mr. Olson further noted that the proposed accessory structure measures 15 feet in height to the peak which is the maximum permitted by the zoning ordinance. Mr. Olson stated his need for the accessory building was for additional storage area for personal property and yard maintenance equipment. Mr. Olson stated his belief that the keeping of this type of equipment within accessory structures is preferred to outside storage and represents an enhancement to the neighborhood. Further, Mr. Hulbert's suggestion that the accessory building be relocated to the north is not acceptable to him because it would be too close to his existing house and would not meet ordinance i setback requirements. Planner Dempsey indicated that the proposed location of the accessory building is within minimum ordinance setback requirements for R-2, Single Family Residential District and Regular Planning Commission Meeting Minutes May 7, 1998 Page 10 Shoreland Overlay District and noted the location of significant trees shown On the • survey. 98.75 MOTION by Drotning,. Second by Wulff to close the public hearing at 8:15 p.m. Roll call vote was called on the motion. Ayes: Miller, Skipton, Rieb, Drotning, Cecchini, Wulff. Nays: 0. Commissioner Miller indicated that he would not be supportive to relocating the proposed accessory building as proposed by Mr. Hulburt because it would cause the removal of existing significant trees on the lot. The Commission concurred. 98.76 MOTION by Miller, Second by Drotning t0 recommend to City Council approval of the Conditional Use Permit request for Chris Olson to allow the construction of additions onto an existing non-conforming single family dwelling located at 10527 - 202nd Street West subject to the five conditions as listed in the May 1, 1998 Planning Report and the Findings of Fact dated May 7, 1998. Roll call vote was called on the motion. Ayes: Skipton, Rieb,. Drotning, Cecchini, Wulff, Miller. Nays: 0. • Community and Economic Development Director Sobota requested the Commission address the Consent Agenda at this time because the developers were present and could respond to any questions at this time. At the request of Commissioner Miller Chair Rieb pulled item 5.a. TOWN AND COUNTRY ESTATES SECOND ADDITION FINAL PLAT frOlll the COnSerlt Agenda. At the request of Commissioner Wulff Chair Rieb .pulled Item 5.c. ANDERSONS CENTURY FARM FINAL PLAT & ANDERSONS CENTURY FARM SECOND ADDITION FINAL PLAT from the .Consent Agenda. ITEM 5: CONSENT AGENDA 98.77 MOTION by Wulff, Second by Miller to recommend t0 City Council approval of the May 7, 1998 Planning Commission Consent Agenda as follows: 5b. Approve the application of North Suburban Development, Inc. for the DODD VALLEY ESTATES AND DODD VALLEY ESTATES 2ND ADDITION final plats, a development consisting of 23 and 75 single family residential lots, respectively, on property IOCated south of Dodd Boulevard at Fairgreen Avenue. Roll call vote was called on the motion. Ayes: Rieb, Drotning, Cecchini, Wulff, Miller, Skipton. • Nays: 0. Regular Planning Commission Meeting Minutes May 7, 1998 Page 11 ITEM 5A. TOWN AND COUNTRY ESTATES SECOND ADDITION FINAL PLAT Commissioner Miller requested clarification of the modified Landscape Plan for the Town and Country Estates final plat. Mr. Bill Anner, developer of Town and Country Estates, responded that the proposed modification consists of the removal of plantings and green space between driveway surfaces of attached units only. This space is approximately 12 to 14 inches wide and the developer has discovered from other established townhouse developments that landscape plantings located between driveways cannot survive, particularly during winter months in Minnesota. Mr. Anner. indicated that these plantings are not being removed from the Landscape Plan, just relocated to other more suitable areas within the. site. 98.78 MOTION by Miller, Second by Drotning to recommend to City Council approval Of the appllCatiOn Of TOWn and COUntry HOI71eS for the TOWN AND COUNTRY ESTATES SECOND AL?D~T~ON final plat, a development consisting of 52 townhouse lots on .property located south of 162nd Street (C.S.A.H. 46) and east of jaguar Avenue, Roll call vote was called on the motion. Ayes: Drotning, Cecchini, Wulff, Miller, Skipton, Rieb. Nays: 0. ITEM 5C. ANDERSONS CENTURY FARM ADDITION AND ANDERSONS CENTURY FARM SECOND ADDITION FINAL PLATS Community and Economic Development Director Michael Sobota .indicated that the developer has requested a minor modification to No. 4.c. of the staff recommended conditions for approval of the Andersons Century Farm Addition and Andersons Century Farm Second Addition. final plats. The modification consists of the establishment of a "date specific" regarding the abandonment of the existing well and septic systems currently existing within Lot 1, Block 5, Andersons Century Farm Addition rather than basing issuance of building permits on the removal of the well and septic systems.. Staff supports this request. Community and Economic Development Director Sobota also noted that the developer has opted not t0 install permanent subdivision identification signs as shown on the original plat. Therefore,. Outlots C and D, Andersons Century Farm Addition will be eliminated from. the final. plat with the area becoming part of the corner IOtS. Condition NO. 15 of the May 1, 1998 Planning Report is proposed to be modified to address the developer's request for temporary signage which will require a security to guarantee removal of the temporary signs upon full development of the plat. Commissioner Wulff noted. her awareness of City Council's approval of the Andersons Century Farm Addition preliminary plat with an amendment to the Planning Commission's recommended conditions for approval. The City Council chose to allow Ms. Lova Anderson, current property owner, to retain her existing driveway access from . proposed Lot 1, Block 5, Andersons Century Farm Addition onto Ipava Avenue. Commissioner Wulff noted for the record that she feels the Planning Commission's recommendation to relocate the existing driveway is appropriate from the viewpoint of Regular Planning Commission Meeting Minutes May 7, 1998 Page 12 good planning and traffic safety. Commissioner Wulff indicated this is particularly applicable in this case due t0 the proposed construction of a new Lakeville Junior High School on Ipava Avenue that is being reviewed later on this evening's Planning Commission agenda. The Planning Commission members concurred. City Attorney Roger Knutson indicated that the City Council's approval of the existing - driveway location was a condition of preliminary plat approval and could not be changed at the time of final plat. 98.79 Motion by Miller, Second by Skipton to recommend to City Council approval of the application of Shamrock Development, Inc. for the final plats of ANDERSONS CENTURY FARM ADDITION and ANDERSONS CENTURY FARM SECOND ADDITION for the development Of 55 and 72 single family residential lots, respectively, on property located east of Lpava Avenue at 178th Street with the amended language of Conditions No. 4.c. and No. 15 of the Planning Report. Roll call vote was called on the motion. Ayes: Cecchini, Wulff, Miller, Skipton, Rieb, Drotning. Nays: 0. Chair Rieb called a recess and reconvened the Regular Planning Commission Meeting at 8:55 p.m. • ITEM 1 O: PUBLIC HEARING: Wyldewood Oaks: Preliminary Plat Chair Rieb Opened the public hearing for consideration of the application of Terrain Corporation for the Wyldewood Oaks preliminary plat. City Attorney Roger Knutson attested that the legal notices had been duly mailed and. published as required by state statute. City Planner Daryl Morey presented an overview of the application from Brian Olson, representing Terrain Corporation, for the preliminary plat of Wyldewood Oaks which consists of 36 single family lots on a 29.68-acre metes and bounds description parcel located On the north side of 185th Street, east of Kenwood Trail. The subject property is heavily wooded and includes ten wetlands. City Planner Morey indicated Ms. Marilyn Quist, current property owner, intends to reside in her existing house on an approximate one-acre parcel proposed to be platted as Lot 17, Block 3. An existing detached accessory building will be removed and an existing well and septic system will be abandoned as part Of the Wyldewood Oaks development. Ms. Quist's existing driveway access onto 185`h Street will be relocated to a street within the proposed development. City Planner Morey noted that the Environmental Affairs and Parks and Recreation Committees have. reviewed the Wyldewood Oaks preliminary plat and have • recommended approval City Engineering staff and Heidi .Hamilton, Environmental Resources Coordinator, have reviewed the Wyldewood Oaks preliminary plat grading, drainage, utilities, tree Regular Planning Commission Meeting Minutes May 7, 1998 Page 13 preservation,;and erosion control plans. Their comments and recommendations are • included in the April 30, 1998 Engineering Report.. Community and Economic Development Department staff recommend approval of the Wyldewood Oaks preliminary plat subject to the 11 stipulations, as amended, which are listed in the May 1, 1998 Planning Report. Mr. Brian Olson, developer, and Ms. Marilyn Quist, current property owner,. were present in the audience and indicated their agreement to the conditions for approval as recommended by staff. Commissioner Miller questioned the status of an existing street right-of--way identified as Lowry Street which abuts the easterly boundary of the proposed Wyldewood Oaks development. Commissioner Miller questioned whether this street is intended to be vacated or extended in the future. Commissioner Drotning expressed concern regarding the proposed street stub at the City- owned water tower property located at the northerly border of the proposed Wyldewood Oaks development. (It was noted that there are two existing street stubs and one private access to this City-owned parcel.) Commissioners Miller and Ex Officio Commissioner Bellows concurred and noted that the additional street stub-provides anothervehicular access to the secluded water tower site and there has been physical evidence that the site has been utilized in the past-for unauthorized and unsupervised activities. The developer hosted a neighborhood meeting for the. proposed Wyldewood Oaks on April 7, 1998. Approximately 20 area residents attended' and the developer responded to several questions regardingthe proposed development. Both the water tower site and the Lowry Street right-of--way were identified as issues. by the area residents. City Planner Morey indicated that Community and Economic Development staff will Kook at the potential future street connections that would make the water tower site provide access to the neighborhoods in the future and less desirable for the current activities. Staff will also study the existing water tower site to determine the feasibility for future development of this property. Staff will then be prepared to respond prior to final plat approval. City Planner Morey also indicated that the Lowry Street right-of--way will not be extended through the proposed Wyldewood Oaks development. City Planner Morey further stated that the subject right-of-way is located completely within the Maplewood Estates plat and does not impact the Wyldewood Oaks development project. Because the Lowry Street right-of--way bisects a wetland area, it is not likely that the City will construct this street in the future. Staff will review possible vaction of Lowery Avenue prior to final plat approval Developer Brian Olson requested a minor modification to Stipulation No. 4 of the staff recommended conditions for approval. Staff is recommending that the issuance of building permits in Wyldewood Oaks be based on a specific date`to accomplish the connection of the existing Quist house to City sanitary sewer. and water, abandonment of Regular Planning Commission Meeting Minutes May 7, 1998 Page 14 the existing well and septic systems ,and relocation of the existing driveway access from • 185'h Street to an internal street of the proposed. development. Staff concurred and indicated that the language for this stipulation will be worked out with the final plat. 98.80 MOTION by Wulff,. Second by Drotning to close the public hearing at 9:25 p.m. Roll call vote was called on the motion. Ayes: Wulff, Miller, Skipton, Rieb, Drotning, Cecchini. Nays: 0. 98.81 MOTION by Wulff, Second by Miller to recommend to City Council approval of the Wyldewood Qaks preliminary plat subject. to the 11 stipulations as listed in the May 1, 1998 Planning Report with an amendment to Stipulation No. 4 regarding timing for the issuance of building permits as discussed. Roll call vote was called an the motion.. Ayes: Miller, Skipton, Rieb, Drotning,. Cecchini, Wulff. Nays: 0. ITEM 11: PUBLIC HEARING: Lakeville Third. Junior High School q~'13 Chair Rieb opened the public hearing far consideration of the application of independent School District 194 for: 1) a preliminary and final plat of Lakeville Third Junior High School; 2) consideration of a rezoning from R-A, Single Family -Agricultural Residential District to R-2, Single Family Residential District; 3) consideration of a Conditional Use Permit to allow the construction of a new public junior high school in the R-2, Single Family Residential District; and 4} consideration for the vacation of an existing public easement for drainage, utility and public roadway purposes on the property proposed for the deve opment of a new ISD 194 Junior High School. City Attorney Roger Knutson attested that the legal notices had been duly mailed and published as required by state statute. Associate Planner Frank Dempsey presented an overview of the application from Independent School District 194 that would allow the construction of a junior high school on a 42.8-acre site located south of 185th Street, west of Dodd Boulevard, and adjacent to the east side of proposed Lpava Avenue. Rezoning: Associate Planner Dempsey noted that the subject site is currently zoned R-A, Single Family Residential District. The proposed rezoning from R-A to R-2, Single Family Residential District is consistent with the Comprehensive Land Use Plan. Preliminary/Final Plat: Associate Planner Dempsey indicated that the Lakeville Third Junior High School development consists of one lot and one block. Ten-foot drainage and utility easements are proposed along al I property boundaries. The proposed lot area meets the requirements of the zoning ordinance. Regular Planning Commission Meeting Minutes May 7, 1998 Page 15 Easement Vacation: Associate Planner Dempsey noted that several years ago the City approved an administrative subdivision of this property (current junior high site) for the Sheridans who were the owners of the property at that time. That administrative subdivision consisted of the splitting off of athree-acre parcel that consisted of an existing farmstead. As part of that. administrative subdivision, the Sheridans dedicated boundary drainage, utility and roadway easements. Since the two parcels are now being platted for the new junior high school all underlying easements and road rights-of--way will be re-dedicated with the final plat. Planner Dempsey indicated that all .utility companies with a potential interest in the easement vacation have been contacted. All parties have responded and haue indicated no opposition to the proposed easement vacation. Conditional Use Permit: Associate Planner Dempsey referenced Ordinance Section 11-25-4 which allows public. and private educational institutions Jimited to elementary, junior high and. senior high schools within an R-2 zoning district via a conditional use permit. Associate Planner Dempsey presented an overview of the site plan for the proposed new Lakeville junior high school. The site plan and landscape plan submitted by Word Architects and Engineers, dated April 6, 1998, meets minimum ordinance requirements i for building setbacks, parking spaces, tree preservation, landscaping, and on-site signage. The Environmental Affairs Committee reviewed the proposed New Lakeville junior High development plan at their May 5, 1998 regular meeting and recommended approval. The Parks and Recreation Committee reviewed the plan at their May 6, 1998 regular meeting and recommended approval. Kevin Sullivan, Wold Architects and Engineers, was present in the audience and answered questions from the Commission regarding parking lot layout, on-site bus traffic patterns, proposed on-site lighting, and proposed access to and from the site. Assistant City Engineer Tim Hanson provided the Commission with details regarding the Ipava Avenue improvements that will occur as a result of the development of this site for a new junior high school. The Ipava Avenue improvements being constructed by the City consist of the construction of a four-lane parkway section from the southerly driveway of the~unior High north across 185th Street to the existing driveway access to the Water Treatment Plant. The improvements will be designed utilizing the parkway layout as constructed on Ipava Avenue adjacent to the existing Lakeville High School. Assistant Engineer Hanson also provided details and clarification regarding the .proposed shifting of the Ipava Avenue alignment to the east that will preserve an existing tree line, provide a better street alignment to the south of the site, and will .reduce wetland impacts upon its future extension. There were. no comments from the public. Regular Planning Commission Meeting Minutes May 7, 1998 Page 16 98.82 MOTIC3N by Wulff, Second by Drotning to close the public hearing at 10:03 p.m. .Roll call vote was called on the motion. Ayes: Skipton, Rieb, Drotning, Cecchini, Wulff, Miller., Nays: 0. 98.83 MOTION by Drotning, Second by Wulff to recommend to City Council approval of the ISD 194 applications for: 1) the rezoning of property from R-A, Single Family Agricultural Residential District to R-2, Single Family Residential District; 2) the preliminary and final plat of one lot and one block to be known as Lakeville Third Junior High School; 3) to vacate existing drainage and utility and roadway easements on the subject site; and 4) a Conditional Use Permit to allow the construction of a new junior high school as requested by Independent School District 194 on property located south of 185th Street and west of Dodd Boulevard and to approve the Findings. of Fact dated May 7, 1998. Roll call vote was called on the motion. Ayes: Rieb, Drotning, Cecchini, Wulff, Miller, Skipton. Nays: 0. .ITEM 12: PUBLIC HEARING: Sign Ordinance Amendment Chair .Rieb opened the public hearing for consideration of the application of the City of Lakeville for an ordinance amending Title 9, Chapter 3 (Sign Ordinance) of the Lakeville City Code concerning electronic and non-electronic reader board signs.. City Attorney Roger Knutson attested that the legal. notice had been duly published as required by state statute. City Planner Daryl Morey presented an overview of the proposed amendments to Title 9, Chapter 3 (Sign Ordinance) of the City Code concerning electronic and non-electronic reader board signs. The proposed revisions prepared by the City's planning consultant, Northwest Associated Consultants (NAC), reflect the changes suggested by the Planning Commission and staff during the preliminary discussion of this item at the March 5, 1998 Planning Commission meeting. Planner Morey Led discussion on the changes to the proposed Sign Ordinance including the following: 1) definition of electronic reader boards and non-electronic reader boards; 2) language to assure proper maintenance of these types of signs; 3) prohibition of signs that flash, scroll or are animated; 4) deletion of the section that allowed large scale signs and reader boards within th.e Freeway Corridor District; 5) revision. of language for reader boards for institutional,. non-commercial public and semi-public uses and performance standards for these signs; and 6) provisions for the permitting of electronic and non-electronic reader boards in specific districts, including performance standards. Commissioner Cecchini suggested a modification to Section 6.1 of the proposed Sign ordinance amendment that would clarify that electronic and non-electronic reader boards shall be permitted only as "a single sign" and not multiple signs. Commissioner Drotning questioned whether the Economic Development Commission (EDC) and area business owners had been given an opportunity to review the proposed Regular Planning Commission Meeting Minutes . May 7, 1998 Page 17 Sign Ordinance amendments. Staff responded that representatives of the businesses and business organizations within the City had not received the proposed amendment. Commissioner Drotning expressed his opinion that business organizations, businesses, and the EDC should be provided copies of the draft Sign Ordinance and their comments and input should be solicited from staff and addressed prior to City Council review of the proposed Sign Ordinance amendments. There were no comments from the public. 98.84 MoTioN by Cecchini, Second by Wulff to close the .public hearing at 10:20. Roll call vote was called on the motion. Ayes: Nays: 0. Community and Economic Development Director Sobota indicated -that staff will discuss with NAC the language of Section 6 as suggested by.Commissioner Cecchini to determine whether further clarification is warranted regarding single versus multiple reader board signs. Staff will also pursue comments from area business owners and place the proposed amendments on the next EDC agenda for comment and. input prior to City Council review. 98.85 MoTiorv by Wulff, Second by Cecchini to recommend to City Council approval of an amendment to Title 9, Chapter 3 {Sign Ordinance) of the City Code concerning reader. board signs. Rohl call vote was called on the motion. Ayes: Cecchini, Wulff, Miller, Skipton, Rieb, Drotning. Nays: 0. The next Planning Commission Meeting will be held at 6:00 p.m. on Thursday, May 21, 1998. There being no further business, the meeting was adjourned at 10:25 p. m. • Resp fully submitt onna Quintus, Recor ing Secretary ATTES taur Rieb, Chair