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HomeMy WebLinkAbout09-23-10CITY OF LAKEVILLE Planning Commission Meeting Minutes September 23, 2010 The September 23, 2010 Planning Commission meeting was called to order by Chair Davis in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Chair Davis Vice Chair Lillehei Secretary Adler Commissioner Drotning Commissioner Grenz Commissioner Maguire Ex- officio Bussler Absent: Commissioner Glad Staff Present: Daryl Morey, Planning Director; Daniel Licht, The Planning Company; Zach Johnson, Assistant City Engineer; Roger Knutson, City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The August 19, 2010 Planning Commission meeting minutes were approved as presented. The August 19, 2010 Planning Commission work session notes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated the following items were distributed at tonight's meeting: 1. The Parks, Recreation and Natural Resources Committee meeting motions regarding the Spirit of Brandtjen Farm 6 Addition preliminary and final plat and the Boulder Heights preliminary and final plat. 2. Regarding Agenda Item 6, a letter on behalf of the owner of Lot 12, Block 9, Spirit of Brandtjen Farm, which is not included in the replat. Planning Commission Meeting September 23, 2010 Page 2 ITEM 5. CONSENT AGENDA 10.38 Motion was made and seconded to remove Dennis Dunham from the Consent Agenda and place it on the regular agenda for discussion. Vote was unanimous. Commissioner Drotning felt that this extension should not be granted and if Mr. Dunham chooses to develop the property for outdoor storage, he should have to re- apply for the conditional use permit and meet the ordinance standards that are in place at that time. Commissioner Grenz asked how many more extensions Mr. Dunham could request. Mr. Morey indicated that Mr. Dunham could request an extension every year if his extension requests are granted. 10.39 Motion was made and seconded to recommend to City Council approval of a one year extension for CUP 08 -13 for Dennis Dunham as presented. Ayes: Maguire, Lillehei, Davis, Adler. Nays: Grenz, Drotning. Both felt that Mr. Dunham should have to re -apply for a CUP when he chooses to construct the outdoor storage area and meet the standards of the Zoning Ordinance at that time. ITEM 6. SPIRIT OF BRANDTJEN FARM 6TH ADDITION Chair Davis opened the public hearing to consider the request of Tradition Development for the following, located north of 170th Street and east of Eagleview Drive: 1) A preliminary plat of 29 single family lots to be known as Spirit of Brandtjen Farm 6th Addition; 2) Vacation of existing public street rights -of -way and drainage and utility easements in Spirit of Brandtjen Farm. In addition, consider the application of Tradition Development for the final plat of 15 single family lots to be known as Spirit of Brandtjen Farm 6th Addition. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Jacob Fick from Tradition Development presented an overview of their request. Mr. Fick referred to the letter that was received from Attorney Gary M. Peterson, who represents the bank that owns Lot 12, Block 9, Spirit of Brandtjen Farm. Mr. Fick addressed the concerns highlighted in Mr. Peterson's letter. Daniel Licht from The Planning Company presented the planning report. Mr. Licht stated that Planning Department staff recommends approval of the preliminary and final plat and easement vacation subject to the 12 stipulations listed in the September 15, 2010 planning report. Planning Commission Meeting September 23, 2010 Page 3 Chair Davis opened the hearing to the public for comment. There were no comments from the audience. 10.40 Motion was made and seconded to close the public hearing at 6:20 p.m. Ayes: Lillehei, Davis, Adler, Grenz, Drotning, Maguire. Nays: 0 Chair Davis asked for comments from the Planning Commission. Discussion points were: • Asked staff to clarify the sidewalk /trail recommendations listed in Stipulation 3 of the September 15, 2010 planning report. Mr. Licht and Assistant City Engineer Zach Johnson responded. • Asked the City Attorney's legal opinion regarding Mr. Peterson's letter. City Attorney Roger Knutson responded that it is a private matter the City does not have jurisdiction over. 10.41 Motion was made and seconded to recommend to City Council approval of the Spirit of Brandtjen Farm 6f Addition preliminary plat of 29 single family lots and final plat of 15 single family residential lots and vacation of existing public street rights -of -way and drainage and utility easements, located north of 170th Street and east of Eagleview Drive, subject to the following stipulations: 1. The SBF 6th Addition preliminary and final plat shall be development consistent with the SBF PUD approved on June 20, 2005. 2. Lots shall be regulated based on minimum width requirements, setbacks and design standards established by the SBF PUD Booklet dated June 20, 2005 applicable to the lot designations shown on the preliminary plat. 3. The developer is responsible for the cost of construction of all sidewalks and trails shown on the SBF 6th Addition plans subject to the following modifications: a. Either a temporary trail segment shall be made to connect the existing sidewalk on the east side of Eagleview Drive adjacent to proposed Lot 2, Block 4 with the trail segment proposed to be constructed within Outlot B with the development of the SBF 6th Addition final plat improvements, or the trail segment proposed within Outlot B shall be constructed when Outlot A of the SBF 6th Addition final plat is developed. b. The entire length of the permanent trail connection proposed within Outlot B shall be bituminous for continuity purposes. c. The trail segment proposed within Outlot B shall be shifted to the north to provide adequate separation between the trail and the rear Planning Commission Meeting September 23, 2010 Page 4 single family lot lines for the installation of a landscaped buffer screen. A landscape plan which includes this buffer screen must be submitted for staff review prior to City Council consideration of the preliminary and final plat. d. The proposed trail segment within Outlot C adjacent to Lot 6, Block 3 (preliminary plat) shall be constructed when Outlot A of the SBF 6t Addition final plat is developed and the trail segment within Outlot C is connected to Eagleview Drive in order to avoid a dead -end trail segment. 4. A landscape plan for public boulevards and privately maintained/ publicly accessible open space shall be submitted prior to City Council consideration of the preliminary and final plat. 5. Block 1 as shown on the preliminary plat shall not be final platted until such time as the developer provides for construction of Eagleview Drive through the intersection with Dynamic Drive to include a temporary cul -de -sac at its northeastern terminus. 6. The developer shall construct a temporary cul -de -sac at the north terminus of Dynamic Drive within Outlot A as shown on the final plat plans. 7. The developer shall submit a $14,200 payment to the City for the land transfer related to the transfer of property between the City and developer as shown on Exhibit I of the planning report dated September 15, 2010. 8. Public access easements must be provided over the publicly accessible/ privately maintained open space areas within Outlots A and B. 9. All easements shall be subject to review and approval of the City Engineer 10. All grading and drainage issues shall be subject to review and approval of the City Engineer. 11. All utility plans shall be subject to review and approval of the City Engineer. 12. Documents including the modifications of the lots and open space within SBF 6 1 h Addition as part of the SBF Master Homeowners Association are required to provide for long -term ownership and maintenance. These documents are subject to review and approval by the City Attorney. Ayes: Davis, Adler, Grenz, Drotning, Maguire, Lillehei. Nays: 0 ITEM 7. BOULDER HEIGHTS Chair Davis opened the public hearing to consider the request of D. R. Horton, Inc - Minnesota for the following, located south of 202nd Street (CSAH 50), west of Hamburg Avenue and north of Hartford Way, 1) A preliminary plat of 47 single family lots to be known as Boulder Heights; 2) Vacation of existing public drainage and utility easements. In addition, consider the application of D. R. Horton, Inc. - Minnesota for the final plat of 16 single family lots to be known as Boulder Heights. Planning Commission Meeting September 23, 2010 Page 5 The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Ron Mullenbach from D. R. Horton, Inc. - Minnesota presented an overview of their request. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that Planning Department staff recommends approval of the preliminary and final plat and easement vacation subject to the 11 stipulations listed in the September 16, 2010 planning report. Mr. Morey stated that Dakota County will only allow a right -in only access to C. R. 50 because proposed Hampton Avenue does not meet access spacing for a full intersection and due to the County's concern about safety with a right -in, right -out pork chop median design. With this requirement, residents will not be able to exit the subdivision from Hampton Street. Mr. Morey indicated that City staff recommended a pork chop median design to the County. City staff had an extensive discussion with the Dakota County Plat Commission regarding the importance of the right -in, right -out access for the neighborhood residents and emergency service responders. Mr. Morey stated the developer hosted a neighborhood meeting for this proposed development on August 30, 2010. Chair Davis opened the hearing to the public for comment. Arnold Zach, President of Village Creek toumhome HOA, 20559 Hampshire Way Mr. Zach stated the Village Creek Associations main concern is existing drainage problems from springs in the area and the potential impact of storm water coming down the hill into the Village Creek townhomes from this new development. He requested that the drainage issue to addressed. 10.42 Motion was made and seconded to close the public hearing at 6:49 p.m. Ayes: Adler, Grenz, Drotning, Maguire, Lillehei, Davis. Nays: 0 Mr. Mullenbach addressed Mr. Zach's concern. Mr. Mullenbach stated their analysis of the issue indicates that it is perched ground water not springs that is causing the drainage issue for the Village Creek townhomes. They are proposing a 3 -1 slope in the back yards of the single family lots abutting the Village Creek townhomes, which is permitted by City ordinance. Mr. Mullenbach stated that it is not physically possible to prevent the stormwater from the back yards of the single Planning Commission Meeting September 23, 2010 Page 6 family lots from entering the Village Creek townhome area. Instead, they will limit the amount of stormwater discharge that goes to the rear yards of these single family lots. He indicated that a public draintile system will be installed with the Boulder Heights plat and each privately -owned draintile system will connect to the public draintile system. Chair Davis asked for comments from the Planning Commission. Discussion points were: ➢ Asked if the upgrade to C.R. 50 is in the 5 year CIP. Mr. Johnson stated that it is not in Dakota County's 5 year CIP. Lack of funding is the issue. There is adequate right -of -way to install a pork chop median at the proposed Hampton Avenue access to C.R. 50. ➢ City staff has reviewed the stormwater issue in the Village Creek townhomes. The Boulder Heights development will reduce the amount of surface run -off being conveyed toward the Village Creek townhomes. ➢ Discussed appealing the County's decision regarding the right -in only access allowance to C. R. 50. Mr. Morey indicated that there would be time to pursue this access design issue, and given the phasing proposed with the Boulder Village preliminary plat, continue to move forward with the approval process for the preliminary and final plat. It was determined that the Planning Commission could recommend approval of the preliminary and final plat and add to the motion that the City Council consider requesting the County reconsider a right-in/right-out access design when they deem appropriate. ➢ A "Wrong Way" or "Do Not Enter" sign should be installed at the intersection of C. R. 50 and Hampton Avenue. The County would have jurisdiction on installing and maintaining this sign. ➢ Commended the developer for their efforts to address the stormwater run- off issues in the Village Creek townhomes. 10.43 Motion was made and seconded to recommend to City Council approval of the Boulder Heights preliminary plat of 47 single family lots and final plat of 16 single family residential lots and vacation of existing drainage and utility easements, located south of 202nd Street (CSAH 50), west of Hamburg Avenue and north of Hartford Way, subject to the following stipulations. Further, request that City Council revisit with Dakota County the right -in /right -out access at Hampton Avenue, at their discretion. 1. The recommendations outlined in the September 16, 2010 Engineering report. 2. The recommendations of the Parks Recreation and Natural Resources Committee. Planning Commission Meeting September 23, 2010 Page 7 3. A five -foot wide sidewalk must be constructed at the developer's expense on the west side of Hampton Avenue. 4. The developer shall construct a 10 foot wide trail between Lots 5 and 6, Block 3 as depicted on the preliminary plat when Outlot A develops. 5. A cash escrow for the future trail construction along the south side of 202nd Street is required when Outlot A develops. 6. The buffer yard landscape screening and the landscaping within the storm water basins must be installed as shown on the approved plans when Outlot A develops. 7. The buffer yard berm must be sodded to the edge of the trail along 202nd Street (CSAH 50) when Outlot A develops. A $1,000 cash escrow must be submitted with the building permit application for the lots adjacent to 202 Street (CSAH 50) to guarantee the installation of the sod. This escrow will be in addition to the landscape /sod escrow required for this lot at the time of building permit. 8. The developer must submit a $1,000 security for tree preservation within Outlot A. 9. A barricade must be installed by the developer at the north end of Hampton Avenue until the street is extended with the future development of Outlot A. 10. A cash escrow for the future burial of the existing overhead utility lines along 202nd Street shall be paid by the developer at the time of final plat approval when Outlot A develops. 11. All single- family homes must comply with the following RS -3, Single Family District setbacks: Front Yard: 30 feet Rear Yard: 30 feet Side Yard (interior): 10 feet Side Yard (corner): 20 feet Side Yard (abutting 202nd Street (CSAH 50)): 55 feet Ayes: Grenz, Drotning, Maguire, Lillehei, Davis, Adler. Nays: 0 There being no further business, the meeting was adjourned at 7:13 p.m. Respectfully submitted, Penny Brevig, Recording Dated / 0�i311 0 Planning Commission Meeting September 23, 2010 Page 8 ATTEST: Bart bzvfs, Chair Da