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HomeMy WebLinkAbout2000 . . . PLANNING COMMISSION MINUTES Regular January 11,2000 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson Members Absent: Ley Also Present: Community Development Director Olson, Planning Coordinator Smick, Associate Planner Schultz, Parks & Recreation Director Bell 2. Approval of Minutes: None 3. Rotty opened the continued public hearing for the Silver Springs rezoning and Comprehensive Plan amendment. Rotty asked if staff had any further information to present since the previous meeting. Community Development Director Olson presented additional staff information. Olson stated that staff conferred with the City Attorney to clarify issues on the protective covenants of the Silver Springs subdivision. Protective covenants, Olson stated, are private agreements between the homeowner and the developer that are attached to the subject platted property. Olson added that cities legally should not consider private covenants as a basis for land use decisions. Olson presented a copy of the correspondence between staff and the City Attorney. Olson also clarified other citizen questions that arose at the previous public hearing, including how citizen opposition effects proposed zoning changes. Olson explained that citizen opposition alone is not sufficient basis for a denial unless based on other defmitive and objective land use concerns. Olson also explained the citizen question on how staff bases its' decisions for recommendation. Staff also explained the origin of the property and which portions of the land were apart of the Silver Springs 2nd Addition plat. Chair Rotty entered into record the written comments from Scott and Robin Hanson, 18880 Elgin Ave; Ardis Schaeffer, 5395 190th Street and Julie Endersbe, 5322 189th Street. Chair Rotty opened up for public comments and questions. Linda Storlie, 18887 Elgin Ave - Voiced concern about the amount of traffic that will be generated from the possible land uses and should be examined at some time. Julie Endersbe, 5322 189th Street - Referenced State Statute 462.357 concerning authority of zoning. Also concerned by the size of the proposed building. Smick clarified that the building shown in the diagram is not considered in the rezoning of the property. Smick went on to clarify what would be permitted within the B-4 district. Planning Commission ~inutes Regular Meeting January II, 2000 Steve Berdan, 5374 188tb Street - Was the land part of the original purchase for the Silver Springs development and if not previously acquired how was it purchased after the realignment of 190th Street and Pilot Knob Road? . Tim Giles responded that he and the County "swapped" land, from the land he owned to the land the County needed for the realignment of the roads. No additional testimony was submitted. Rotty moved it to the table for questions and comments from the Commissioners. MOTION by Larson, second by Johnson to close the public hearing. APIF, MOTION CARRIED. Commissioner Larson stated that because of the reconstruction and realignment of the intersection, that Mr. Giles did not have the ability to properly plan the area. It was added that the neighborhood commercial would make a good buffer to the residential area and would support a vote to rezone. Commissioner Johnson voiced concern over the design of the site, even though it is not considered as part of the proposed rezone. With that in mind, Commissioner Johnson would support the rezoning of the property. Chair Rotty stated he would be against the rezoning of the property because the property is not unique to the other three comers of that intersection that contain single-family homes, and believed residential could work on the site and cited the recently adopted 2020 Comprehensive Plan supporting residential development. . Chair Rotty requested a motion on the Comprehensive Plan amendment and the rezoning of the property. Concerning the portion shown on the site plan as Commercial (B-4). MOTION by Larson, second by Johnson to recommend that the City Council adopt the resolution to: · Amend the Comprehensive Plan from Low Density Residential to Commercial; and · Rezone the property from R-I (Low Density) to B-4 (Neighborhood Commercial) Larson, Johnson voted yes. Rotty voted no. MOTION CARRIED. Concerning the portion shown on the site plan as High Density (R-3). MOTION by Larson, second by Johnson to recommend that the City Council adopt the resolution to: · Amend the Comprehensive Plan from Low Density Residential to High Density Residential; and · Rezone the property from R-l (Low Density) to R-3 (High Density Residential) Larson, Johnson voted yes. Rotty voted no. MOTION CARRIED. Olson reminded the Commissioner and public that this item will go to the February 7th City Council meeting and no public hearing notice is required. Chair Rotty requested the Commission to take a one-minute intermission. The Commission agreed. . 2 . . . Planning Commission Minutes Regular Meeting January 11, 2000 4. Chair Rotty opened the continued public hearing for the Murphy Farm Schematic PUD from DR Horton and Arcon Development. Rotty requested the staff report. Planning Coordinator Smick presented the staff report. Smick stated that the only additional information that will be presented is to the questions that were brought up during the previous meeting. Smick stated the fIrst question concerned land acquisition. Smick stated there are four properties that the developer is seeking to acquire, which include the 4-acre Wilson property, the McCarthy property that contains the 208th Street easement, and the Haley and Hanson properties which will be reconfigured for access off of Akin Road. Smick informed the Commission that the developer has a verbal agreement on the Genstar property adjacent to Pilot Knob Road. Chair Rotty asked if the Wilson property would indefinitely remain R-l if not purchased by the developer? Smick stated that the developer is still negotiating with the Wilson's and could later amend the PUD and rezone the property. Smick explained the situation involving the Haley and Hanson properties and the proposed future access. Smick stated the developer is proposing to swap land to allow for the access into the proposed cul-de-sac. Smick explained the right-of-way easement issue that exists on the Murphy property, stating that staff and the developer are still researching the situation. Planner Smick noted to the Commission that the road layouts shown on the plan are not final because of the addition of the Genstar property and a pending meeting with the County and adjacent developers to discuss access spacing. Smick also stated that the developer has also proposed 50 foot right-of-ways and 28 foot wide streets (back-to-back), but staff at the Development Committee agreed that it was unacceptable and should be to the City's minimum standard of 60 foot right-of-way and 34 foot wide streets. Smick stated that staff is recommending approval of the Murphy Farm Schematic PUD. Chair Rotty asked if the developer had anything to add to the staffreport. Larry Frank, Arcon Development, stood to give more details of the development. Mr. Frank discussed the situation with the Wilson property in that if an agreement can't be reached to purchase the entire property, they could "reshape" the property to keep 4 acres and enable better road design and access. Commissioner Larson asked if the property elevation would conflict with the future road elevation and what about future development of the property? Mr. Frank replied that it may be difficult, but could swap land to make something work. He added that the design should allow for future development of the property. 3 Planning Commission Minutes Regular Meeting January 11, 2000 Discussion pursued over the proposed street widths and what was considered a safe standard. The Commission agreed to consider the proposal. . Mark Beltz, Planning Consultant for Independent School District 192, gave a brief presentation on the concerns of the school district and the need for new elementary school site. Mr. Beltz stated the school task force will be recommending a new elementary school in their upcoming report due to recent growth of not only Farmington but from the surrounding communities. Discussion pursued over the rate of growth and the type of housing being proposed within the Murphy Farm development. Don Patton explained that some of the proposed housing types won't contain the amount of school aged children that most single-family housing would produce. Rotty asked if there was any more public comment? There was none. MOTION by Johnson, second by Larson to close the public hearing. APIF, MOTION CARRIED. Chair Rotty voiced some concern over closing the public hearing due to the remaining issues. Olson explained that staff has discussed the issues and feel comfortable rezoning the properties and resolving the other issues during preliminary platIPUD. MOTION by Johnson, second by Larson to forward a recommendation to approve the Murphy Farm Schematic PUD rezoning the property to R-3 PUD, excluding the Wilson property. APIF, MOTION CARRIED. 5. Chair Rotty introduced the Tamarack Ridge Schematic PUD proposed by James Development Company. Rotty requested the staff report. . Planner Smick presented the staff report concerning the Tamarack Ridge development. Smick stated that the developer is proposing a mixed use development consisting of single-family, carriage homes, rental townhomes, park and commercial. Smick continued by detailing the development proposal. Rotty asked what zoning and type of uses are proposed in the commercial area. Jim Ostenson, James Development, stated that they are looking at possibly a gas station, strip mall and day care center. Smick stated that the zoning would like be B-1, similar to the zoning the commercial zoning along Trunk Highway 3. Chair Rotty asked if Mr. Ostenson had anything to add to the staff report. Mr. Ostenson gave a brief presentation of the project. Discussion pursued over the proposed rental townhomes in the range of rents and when it would be developed along with the rest of the development. Olson explained the proposed range and affordability portion of the housing units. Discussion led to the issue of the situation of 209th Street, concerning elevation compared to the existing homes and who will pay for the improvement. Staff discussed that they will need to meet with both the developer's engineer and the township to discuss the Issue. Rotty asked for any public comment or questions. . 4 . . . Planning Commission Minutes Regular Meeting January II, 2000 Knud Nielsen, 3186 Vermillion River - Voiced concern over the possibility of drying up his well when development began. City Engineer Lee Mann explained that they will need to review that when they get to that stage of detail. Tom Pavlak, 20795 Chippendale Ave - voiced concern over the need for more convenience stores and the quality of water runoff into Vermillion River. Staff explained that convenience store is only one of the uses permitted and that B-1 is the typical zone along Trunk Highway 3. Discussion continued over the type of uses that would be permitted. Residents in the audience were asked if there would be any concern of those type of uses. There were none. The Commission agreed that B-1 zoning would be acceptable. Rotty asked if there was any more public comments or questions. There were none. MOTION by Johnson, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION Johnson, second by Larson to forward a recommendation to approve the Tamarack Ridge PUD to the City Council. APIF, MOTION CARRIED. 6. Staff informed the Commission that Genstar Development has requested to continue the public hearing on the Charleswood 3rd Addition plat to resolve issues relating to the City's wetland requirements. The Commission agreed to continue the hearing to the next regularly scheduled meeting. 7. There being no further discussion the Commission agreed to adjourn. Respectfully Submitted, Michael Schultz Associate Planner Date Approved There being no further business the Commission agreed to adjourn at 10:50 P.M. Respectfully Submitted, Michael Schultz Associate Planner Date Approved 5 . . . PLANNING COMMISSION MINUTES Regular February 8, 2000 1. Chair Rotty called the meeting to order at 7 :00 P.M. Members Present: Rotty, Larson, Johnson, Privette, Barker Members Absent: None Also Present: Planning Coordinator Smick, Associate Planner Schultz 2. Chair Rotty requested comments for the approval of minutes for the December 14, 1999 Planning Conimission meeting. There were none. MOTION by Larson, second by Johnson. YES: Larson, Johnson, Rotty; NO: None; ABSTAIN: Privette, Barker Chair Rotty requested comments for the approval of minutes for the January II, 2000 Planning Commission meeting. There were none. MOTION by Johnson, second by Larson. YES: Larson, Johnson, Rotty; NO: None; ABSTAIN: Privette, Barker 3. Rotty recognized the request of Astra Genstar Partnership to continue the public hearing for the Charleswood 3rd Addition to the February 23, 2000 meeting in order to complete necessary changes to conform to the City's Wetland Ordinance. 4. Chair Rotty opened the scheduled public hearing for a Conditional Use permit- Extraction, Grading and Mineral Extraction at the property located 5827 W. 210th Street. Lee Smick presented the staff report. Smick stated that the applicant, Friedges Landscaping, Inc., Lakeville, is seeking to continue mining on the site. Smick stated that staff inspected the site in November of 1999 and found that the operation was meeting. the requirements of the City Code, however concrete was found stored on the site from the reconstruction of the C.S.A.H. 50 project. Todd Brennan, Friedges Landscaping, replied that they are planning on removing the concrete off site. Mike Devney, 212th Street: Voiced concerns of when the operation would be completed and maintenance of the gravel road (Fairgreen Ave). Todd Brennan replied that they project that the pit will be in operation for only one more year and that they are required to maintain the road. Discussion pursued between the Commission and the applicant over the operations of the mining pit. Planning Commission ~inutes Regular Meeting February 8, 2000 Rotty asked if there were any questions from the Commission. There were none. MOTION by Johnson, second by Larson to close the public hearing. APIF, MOTION CARRIED. . MOTION by Larson, second by Johnson to forward a recommendation of approval to the City Council for the Conditional Use permit - Extraction, Grading and Mineral Extraction for the property contingent on a plan to locate and remove concrete remaining from the C.S.A.H. 50 project and adherence to engineering requirements. APIF, MOTION CARRIED. 5. Chair Rotty opened the public hearing for a Conditional Use permit for Extraction, Grading and Mineral Extraction on the Helen Huber property. Lee Smick presented the staff report. Smick stated that the applicant again is Friedges Landscaping, Inc. ofLakeville. Smick informed the Commission that staff also inspected the site in November of 1999 and found that site was mostly in compliance other than the storing of concrete from the C.S.A.H. 50 project. Smick also stated that there is also City Code violation issues on the site. Staff presented pictures of the site depicting junk vehicles, abandoned fishing houses and other miscellaneous junk deposited on the Huber property. Smick explained to the Commission the situation of the Huber estate being transferred to its heirs and the process of cleaning up the property. . Curt Huber, 20655 Holiday Ave, Lakeville: Explained to the Commission his family's status of inheriting the property and the time table in which to clean up the property. Mr. Huber stated there are some things they won't be able to remove because the property is in probate, restricting them to sell or move some items off site. Rotty asked what type of items are located on site and what the timetable is. Mr. Huber responded that they broke the items down to wood and metals, garbage, abandoned vehicles and structures. Mr. Huber stated that he plans on eventually having everything taken off site, but would like to be able to keep some of the fish houses on site because they are only being stored there temporarily. John Tschol, 9201 East Bloomington Freeway, Minneapolis: Stated that he did not have a problem with the proposed clean-up plan and allowing Mr. Huber continue storing fish houses on the property. The Commission and the applicant continued discussion on when a clean-up plan would be submitted to staff. Mr. Huber replied that he can submit something . 2 . . . Planning Commission Minutes Regular Meeting February 8, 2000 soon, dates may be dependent of the property is taken out of probate. The Commission understood the possible delays. MOTION by Larson, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Larson to approve the Conditional Use permit- Extraction, Grading and Mineral Extraction contingent on the following: a) A clean-up plan of the property be submitted to staff for approval; b) The applicant submit a reclamation plan for the site; c) Maintenance of roads be continued by Friedges Landscaping, Inc. APIF, MOTION CARRIED. 6. There being no further discussion the Commission agreed to adjourn. Respectfully Submitted, Michael Schultz Associate Planner Date Approved 3 . . . Planning Commission Minutes Special February 23, 2000 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Barker, Privette Also Present: Planning Coordinator Smick, Associate Planner Schultz 2. Chair Rotty explained that due to inadequate notification of residents within 350 feet of the East Farmington 7th Addition and the Murphy Farm pun Amendment, the public hearings scheduled for these projects could not be held until proper notice was given in a timely manner. Chair Rotty stated that the public hearings were rescheduled for March 14,2000 in order to re-notify residents within 350 feet of the projects. 3. Chair Rotty opened the Charleswood 3rd Addition Preliminary Plat public hearings at this time. Associate Planner Schultz stated that wetland issues concerning the Charleswood 3rd Addition Preliminary Plat were not resolved therefore City staff recommended that the public hearing be continued to the March 14,2000 Planning Commission Meeting. MOTION by Larson, second by Barker to continue the public hearing to March 14, 2000. APIF, MOTION CARRIED. 4. There being no further business the Commission agreed to adjourn. Respectfully submitted, Lee Smick, AICP Planning Coordinator Approved . PLANNING COMMISSION MINUTES Regular March 14,2000 l. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Privette, Barker Members Absent: None Also Present: Planning Coordinator Smick, Associate Planner Schultz 2. Chair Rotty requested comments for the approval of minutes for the February 8, 2000 regular Planning Commission meeting. There were none. MOTION by Larson, second by Johnson to approve minutes as submitted. APIF, MOTION CARRIED. Rotty requested comments for the approval of minutes for the February 23, 2000 special Planning Commission meeting. It was pointed out that Commissioner Johnson was not present. MOTION by Larson, second by Barker to approve minutes with the noted amendment. YES: Larson, Rotty, Privette, Barker; Abstain: Johnson; MOTION CARRIED. Chairman Rotty opened all scheduled public hearings at this time. 3. Chair Rotty introduced the continued public hearing for the Charleswood 3rd Addition Preliminary Plat for Genstar Land Company. Associate Planner Schultz presented the staff report. Schultz identified and detailed the issues that staff and the developer have been resolving, those issues included; wetland avoidance/replacement plan, park dedication/platting of park space and alignment and construction of future 203rd (200th Street W.). Schultz informed the Commission that the Wetland Mitigation Application is scheduled to go before the next City Council meeting. . Commissioner Johnson asked what kind of environmental impacts are involved with the alignment of 203rd Street. Schultz pointed out the location of wetlands to the west, about midway between the development and Flagstaff Ave. Schultz also indicated a grove of trees located to the east that may be disturbed when the road is extended to Pilot Knob Road. Johnson asked why 203rd Street couldn't be straightened out for alignment with 200th Street. Schultz indicated that proposed alignment would allow for avoidance of higher classified wetlands, Manage 1, while possibly only disturbing Manage 2 type wetlands. Chair Rotty asked if the developer had anything to add. Steve Juetten, Genstar Land Company, briefly presented the issues that the developer has had to resolve while continuing discussions with staff. Chair Rotty asked about the construction of the park. Mr. Juetten replied that they have been discussing with City staff on the grading and construction of the park. Commissioner Larson commented that the developer and staff should continue discussion on the type and width of sidewalk or trail to be placed along 203rd Street. Larson voiced his preference of concrete sidewalk in residential neighborhoods. Other Commissioners agreed. . Planning Commission Minutes Regular Meeting March 14, 2000 At this time Chairman Rotty requested questions and comments from the public. There were none. Rotty asked if the Commission had any additional questions or comments. Rotty asked if there were any questions on the five contingencies outlined by staff. There . were none. MOTION by Johnson, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to approve the Charleswood 3rd Addition Preliminary Plat contingent upon the following: 1) All Engineering issues need to be addressed; 2) All SWCD issues need to be addressed; 3) The developer continue discussions with Parks & Recreation on timing of park construction, parkland boundaries/dedication and park and trail access; 4) Construction of 203rd Street as a temporary road, discussion with staff should continue on details, timing, alignment, etc. 5) Discussions continue with staff on proper wetland buffer identification signs. APIF, MOTION CARRIED. 4. Chairman Rotty introduced the Murphy Farm Schematic PUD Amendment for DR Horton! Arcon Development. Planning Coordinator Smick presented the staff report. Smick reported that the developers are seeking to add approximately 35 acres of land currently owned by Genstar Land Company to the Murphy Farm PUD. The developer is seeking the property to allow access to the property off Pilot Knob Road and to add approximately 58 villa townhomes to the already approved 48 townhomes. Planner Smick also noted that the developer is in the process of completing an EA Wand Floodplain study that also includes the subject property. . Smick also reported that the current landowner, Genstar Land Company, is also seeking approval "swap" approximately 5.5 acres of MUSA between property located in the northeast comer of the City, known as Riverbend, to the subject property located off of Pilot Knob Road. This would allow the DR Horton! Arcon developers to construct an access to the proposed villa townhomes. Smick stated that the MUSA issue is for discussion only and is not intended to be related to the PUD Amendment. Rotty asked if the developer had any additional comments. Larry Frank, Arcon Development, briefly presented their plans for the property and updated the Commission on the EAW and Floodplain study, adding that depending on the results of the study, the amount of units will be decided. Chair Rotty asked if the Commission had any additional questions or comments. There were none. MOTION by Parker, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to forward a recommendation of approval of the Murphy Farm PUD Amendment to include 35 acres of property along with the attached contingencies: 1) The Riverbend property within the current MUSA will most likely not be utilized until 2010 or later whereas the Murphy Farm property will be developed within the next 2-5 years; 2) At this time, the same property owner is proposing the MUSA swap; . 2 . Planning Commission Minutes Regular Meeting March 14, 2000 3) The City has designated this east/west roadway in the Murphy Farm PUD as a minor collector and therefore is important to the City's overall transportation system. APIF, MOTION APPROVED. Rotty asked for clarification from Mr. Juetten concerning the MUSA swap from the Genstar owned property in the northeast to the area along Pilot Knob Road. Mr. Juetten briefly explained the floodplain situation and the development of the Riverbend property. Chair Rotty questioned whether the Planning Commission was the appropriate governing body to make a decision concerning the reallocation of MUSA. After reviewing the proposal the Commission agreed unanimously that they would support a positive decision by the City Council to reallocate available MUSA to allow for the sensible development of the Murphy Farm. 5. Chair Rotty introduced the East Farmington PUD Amendment for the applicant, Sienna Corporation. Planning Coordinator Smick presented the staff report. Smick reported that proposed amendment would include removal of the multi-family land use identified in Outlot R, relocate the City Park from Outlot S to Outlot Rand replat as Outlot E, redesignate the temporary pond to a permanent pond in Outlot Sand increase it's size to be incorporated into the Prairie Waterway, reduce the number of lots in Block 5 from 17 to 10 lots and revise the number of lots abutting the Henderson Addition to 710ts rather than 11 lots. . Commissioner Larson asked if this would affect the City's Livable Communities Agreement for affordable housing. Smick stated that this change of land use should not negatively affect the City's goal due to increases of multi-family land within other developments such as Murphy Farm and Vermillion Grove. Chair Rotty asked if Mr. Hardy, Sienna Corporation, had any additional comments to the staff report. Mr. Hardy had none at this time, but would address any direct questions. Chair Rotty requested if the public had any questions or comments concerning the PUD Amendment. There were none. Rotty moved the questioning back to the table. There were no additional comments from the Commission. MOTION by Johnson, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Barker to forward a recommendation of approval to the City Council for the East Farmington PUD Amendment that includes: a) Removal of the multi-family land use identified in Outlot R; b) Relocate the City Park from Outlot S to Outlot Rand replat as Outlot E; c) Re-designate the temporary pond to a permanent pond in Outlot S and increase it's size to be incorporated into the Prairie Waterway; d) Reduce the number of lots in Block 5 from 17 to 10 lots, and; e) Revise the number of lots abutting the Henderson Addition to 710ts rather than 11 lots. Contingent upon engineering requirements. APIF, MOTION CARRIED. 6. The East Farmington 7th Addition Preliminary and Final Plat was introduced by Chairman Rotty. Planning Coordinator Smick presented the staff report. . " -' Planning Commission Minutes Regular Meeting March 14,2000 Smick reported that the proposed 7th Addition reflects the proposed PUD Amendments to the development that was previously presented to the Commission. Smick stated the 7th Addition now includes 71 single-family lots. Smick added that the developer held a neighborhood meeting on February 22nd to address any concerns of the neighbors. The developer, in response to the concern of the homeowners, has reduced the number of lots abutting the homes along 10th Street in the Henderson Addition. . Smick presented a list of concerns of the property owners located along 10th Street in the Henderson Addition; those included the number of proposed lots, the style and density of homes backing up to their property and the screening between the properties. Planner Smick also indicated other issues relating to the plat, those include the vacation of the storm drainage easement and the need to do a land swap with the Jolley's, 1004 Maple Street, to allow the extension of the needed right-of-way for the proposed 11 th Street. Chair Rotty asked if the land swap with the Jolley's would create a nonconforming property (size or setback). Smick replied that it would not. Chair Rotty requested any questions or comments from the public. Paul Van Zuilen, 900 10th Street: Voiced concern of the vacation of the drainage ditch because it has alleviated the water problems on his property and is afraid that if it is filled that his water problems will return. Jim Sturm, James R. Hill - engineers for the project: replied that even though he is not the engineer on the project, the project will need to handle all it's own storm water runoff and that the filling of that ditch should not effect the property. . Discussion continued if the proposed ditch to be filled would negatively effect the water tables in the neighborhood. Rod Hardy stated that the project will contain additional storm sewers to handle storm runoff. Mr. Hardy added that due to past de-waterings and the creation of the Prairie Waterway, feels that the water table has been permanently lowered. Joy Eldred, 813 loth Street: Commented that the developer has worked with and listened to the residents of Henderson and feels that the compromise in the number of lotS is appropriate. John Jolley, 1024 Maple Street: Updated the Commission on the situation of his property and that he had been out of town and unable to review the proposal. Chair Rotty asked both the developer and the Jolleys if additional time is required to come to a resolution on the property. Mr. Jolley responded that they would need at least I to 2 weeks to review their options. Mr. Hardy replied that that would be appropriate but would like to continue discussions with the Jolleys. The Commission discussed the number of unresolved issues relating to the platting of the 7th Addition and the options that are available. . 4 . . . Planning Commission Minutes Regular Meeting March 14, 2000 MOTION by Johnson, second by Barker to continue the public hearing until the April 11 th Planning Commission. APIF, MOTION CARRIED. 7. Planner Smick presented for discussion a government training conference presented by the Planning Institute for the basics of planning, zoning and subdivision regulation for Planning Commissioners. Smick requested that if any of the Commissioners are interested in attending to contact her. 8. Smick also presented for discussion the Farmland & Natural Areas Project - Saving Dakota County's Natural Heritage, public awareness meeting sponsored by Dakota County. Smick presented a handout and discussed the focus of the meetings and where they will be presented. 9. There being no further discussion the Commission agreed to adjourn. Respectfully Submitted, Michael Schultz Associate Planner Date Approved 5 . . . PLANNING COMMISSION MINUTES Regular Aprilll,2000 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Privette, Barker Members Absent: None Also Present: Community Development Director Olson, Planning Coordinator Smick, Associate Planner Schultz, Assistant Engineer Auge 2. Chair Rotty requested comments for the approval of minutes for the December 14, 1999 Planning Commission meeting. There were none. MOTION by Larson, second by Privette. APIF, MOTION CARRIED. 3. Commission Chair opened the continued public hearing on the East Farmington Preliminary and Final Plat for the applicant, Sienna Corporation. Planning Coordinator Smick presented the staff report. Smick discussed the issues that were presented to the Commission at the March 14, 2000 meeting. Those issues included the elimination of the existing storm drainage ditch, vacation of the storm drainage easement, 11th Street Right-of-way easement acquisition. Smick also pointed out that the developer has resolved several issues with residents in the Henderson addition relating to lot widths and landscaping. Smick stated that residents are concerned with the vacation and elimination of the storm drainage ditch because it relieves the storm water runoff and percolation of ground water. Staff and the Commission discussed the proposed storm sewer to replace the existing ditch. Smick began discussion of the issue of the need for additional right-of-way for 11th Street and the developer's negotiations with Mr. & Mrs. Jolley. Smick stated that the developer and the property owner have not come to terms with the proposed right-of-way acquisition and may request that the City use its powers of eminent domain if an agreement can not be completed. Chairman Rotty requested if the developer had any additional comments. Rod Hardy, Sienna Corporation, presented a letter to the Commission of a letter outlining the negotiations with the Jolleys'. Mr. Hardy presented the possible options that have been discussed with the owners which included a land swap for property to the south of the existing lot and offering a new lot with the 7th Addition at the end of the future Maple Street. Mr. Hardy briefly discussed the issue of the larger/wider lots along 11th Street, the abandonment of the storm drainage ditch and the relocation of the storm pipe. Chairman Rotty asked if the situation with the resident concerned with the elimination of the storm drainage ditch. Planning Commission Minutes Regular Meeting Aprilll, 2000 Assistant Engineer Auge replied that the resident did meet with Lee Mann, City Engineer, last week to discuss the issues, this seemed to alleviate most of the resident's . concerns. Joy Eldred, 813 loth Street: Where is the water planned to go when the ditched is filled? Engineer Auge explained that the storm pipes being placed in the rear of the 11 tb Street lots will continue to be connected to the storm drainage from 10th Street and will carry out to the Prairie Waterway. Commissioner Larson asked if the lots proposed to be full basements along 11 tb Street possible? Engineer Auge responded that he would have to verify that with other engineer staff to see if that was review. Rod Hardy added that readings would indicate that the water tables have been relieved enough to put in full basements. Discussion continued whether the water tables have been normal dwing the past few years. Mike McCallister, McCallister Builders, stated that he has not had any problems out there as of recent. Joy Eldred, 81310th Street: Asked if the situation with the Jolley's change the lot layout on the west side of 11 tb Street. Rod Hardy responded that it shouldn't. Chair Rotty asked if there were any additional questions or comments. Rotty commented that the right-of-way issue is currently between the two parties at this time and that it is not the place of the Commission to negotiate. The remainder of the Commissioners agreed with the views of the Chair adding that the Jolleys' have had sufficient time to . negotiate and feel comfortable sending the final plat onto the Council. Chair Rotty asked if the Commission had any other questions concerning the other issues. There were none. Rotty requested a motion. MOTION by Larson, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second Privette by contingent upon the following: 1. Vacation of the storm drainage easement; 2. Any outstanding engineering issues; 3. Resolution with the right-of-way issue with the Jolleys' APIF, MOTION CARRIED. 4. Planner Smick presented for discussion the letter from the Metropolitan Council approval of the 2020 Comprehensive Plan Update. Smick presented a brief overview of the Comprehensive Plan using the executive summary that was supplied. Planner Smick explained the policy of the Metropolitan Council concerning the expansion of the MUSA boundaries allowing communities to expand to their 2010 projections by reporting these additions to the MET Council. Smick clarified the policy by adding that regional sewer capacity must be available for surrounding communities. Staff and the Commission discussed how this might effect development outside of the current MUSA boundary. Smick indicated that the Plan doesn't show certain areas for . the 2010 expansion, so staff will need to work on a possible staging plan. . . . Planning Commission Minutes Regular Meeting April 1l, 2000 Smick continued on a brief overview of different aspects of the Comprehensive Plan. Rotty asked if there were any questions or comments from the Commission concerning the Comprehensive Plan or Executive Summary. There were none. Smick updated the Commission on when final copies will be produced and distributed to Commissioners. 5. Planner Smick presented information concerning the Sensible Land Use Coalition Seminar for.Planning Commissioners being held on April 26, 2000. Smick stated that if they are interested to contact her to make reservations. 6. There being no further business the Commission agreed to adjourn. Respectfully Submitted, Michael Schultz Associate Planner Date Approved . . . PLANNING COMMISSION MINUTES Regular April 25, 2000 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Privette, Barker Members Absent: None Also Present: Community Development Director Olson, Planning Coordinator Smick, Associate Planner Schultz Commission Chair Rotty opened all the scheduled public hearings at this time. 2. Chair Rotty introduced the public hearing for the Preliminary Plat approval for Tamarack Ridge for James Development Company. Lee Smick presented the staff report to the Commission for the development located east of Trunk Highway 3 and south of County Road 66. Planner Smick stated that City Staff is recommending to continue the public hearing due to the following four issues. a. Dakota County identifies that the proposed spacing of the two accesses located along Trunk Highway 66 does not meet the 1/8 mile spacing requirement, specifically to the northerly access to the private accesses located just to north. Smick went onto state that the developer has requested that the City approach the County Plat Commission to discuss acceptable alternatives to the situation. b. The off-site pond issue be resolved with the City Engineering and Empire Township. Smick explained that the developer is proposing a storm water pond on the north half of County Road 66, within Empire Township. Smick stated that staff has met with the developer and his engineers discussing if the pond is actually needed, discussions will continue. c. The water main issues have not been resolved between the City and Empire Township. Smick stated that city staff and Empire Township's engineer have been in discussion concerning this issue. The township is proposing to install a seJ?arate water main to serve the township residents on the south side of 209 Street, essentially installing two water lines within the R.O.W. This issue will continue to be discussed with Empire Township. d. Issuesconceming the sanitary sewer, trunk water main and storm sewer issues have not been resolved. Smick also stated that the minor construction details relating to road design are also still unresolved but are continuing discussions with staff. Planning Commission .Minutes Special Meeting April 25, 2000 Chair Rotty at this time opened the public hearing for questions and comments ~~~. . Ralph Nordine, 3478 209th Street, Empire Twp.: Requested if copies of the plat were available to the public. Rotty stated that staff would make copies of the plans and staff report available to the public. Fred Schmidtke, 3430 209th Street, Empire Twp.: Is the City's plans still to cut 209th Street down 4 feet to put the curb, sewer and water in? Why doesn't Empire Township know about this? Planner Smick asked if they had received cost estimates from each jurisdiction? Mr. Schmidtke replied that they had. Smick stated that she was unaware that the Township and the residents' received the City's estimates. Smick also clarified that the City and Township are still discussing the design of the road in addition the developer is continuing to examine the roadway with soil borings. Ron Roetzel, Township Engineer, stood to express the township's position on the issues. Mr. Roetzel stated that he was glad to hear that the pond on the north side of County Road 66 may not be needed because of the desires of the township to reestablish the area and because of political ramifications. Mr. Roetzel. also stated in regards to 209th Street that the township is going to present both options to the residents and allow them to make the decision on which is acceptable. . Chair Rotty asked if the decision by the residents to hook up to City water has to be unanimous. Mr. Roetzel replied in the affirmative. Chair Rotty asked if there were any more questions from the public, there were none. Discussion ensued with the Commission, staff and the developer concerning the spacing of accesses along County Road 66. Chair Rotty asked if and when the City would seek the variance from the Dakota County Plat Commission. Planner Smick stated that the City is scheduled to go before the May 1 st Plat Commission meeting. Commissioner Larson asked the situation with the emergency accesses. Smick stated that the Fire Marshall has received a number of different options other communities are accepting and will be working with the developer on accepting one of those options. MOTION by Larson, second by Johnson to continue the public hearing until the May 9th Commission meeting. APIF, MOTION CARRIED. . 2 . . . 3. Planning Commission Minutes Special Meeting April 25, 2000 Planning Chair Rotty introduced the Conditional Use Permit application from Lori Ecklund for the construction of commercial building within a B-1 zoning district. Associate Planner Schultz presented the staff report. Schultz stated that the applicant is seeking conditional use approval for the purpose to erect a 7,500 square foot commercial building in which a bank and future office space would accompany her permitted animal clinic use. Schultz stated that the bank would occupy 2,250 square feet. Schultz clarified that the actual zoning is R-4 (PUD) but the permitted uses within the commercial lots follows what is permitted within the B-1 zoning district. Planner Schultz stated that because the plans were not dropped off in time for sufficient staff review and because staff is in discussion with the property owners to both the north and south to share accesses, staff is recommending to continue the public hearing to the May 9, 2000 meeting. Schultz stated that staff has completed an abbreviated review of the site plan and forwarded the comments to the applicant's architect. Schultz discussed the staff comments with the Commission and general public. Rotty asked about the shared access issue and how it effects the applicant if the other property owner's were not interested. Schultz replied that the owners to the north appear to be interested in a shared access, while the property owner to the south (the developer) has not given a response. Schultz stated there are some options for the applicant for alternative accesses if the property owners decide not to come to terms on a shared access. Chair Rotty asked if the applicant had any additional comments to make. The applicant, Lori Ecklund, stated that she is meeting with Jack Benedict to discuss the shared access issue. Rotty asked if there were any comments or questions from the public. There were none at this time. Rotty asked if this were a permitted use if all of the issues stated within the staff report would be addressed. Staff replied that the same review and requirements would need to be met. Chair Rotty asked about the signage plan for the building. Schultz stated that he had talked to the applicant about submitting a signage plan and that she would discuss it with her architect about possibly submitting one by the next meeting. Discussion pursued about traffic flow through the shared accesses if there would be a situation with the loading area and the access to the bank windows. Staff felt 3 Planning Commission .Minutes Special Meeting April 25, 2000 that there should not be issue with trucks blocking traffic. Mrs. Ecklund stated that the trucks are typically not long enough to block traffic. . MOTION by Johnson, second by Barker to continue the public hearing to the May 9, 2000 Commission meeting. APIF, MOTION CARRIED. 4. Chainnan Rotty introduced the Autumn Glen Final Plat for Arcon Development. Planner Schultz presented the staff report. Schultz stated that the final plat contains 41 single-family lots on 52 acres of property. The property is located south of Embers Ave and east of Akin Park Estates and Limerock Ridge. Schultz indicated that the developer has begun grading on the property with the previous approval of a conditional use pennit. Schultz went on to discuss the number of outlots that are located on the property and what the purpose of each are. Planner Schultz went on to describe the Engineering review, they include: a) Easements on Outlot 'A' shell be changed to reflect the stonn sewer realignment along the property line; b) Outlots need to be removed after approval from the State of Minnesota for vacation of existing sanitary sewer on Outlot 'D' (new Outlot 'K'). Chair Rotty asked if the developer had any additional comments to make to the staff report. . Larry Frank, Arcon Development, explained that the outlots extending to the east is the area where utilities are being extended and then become part of the road R.O.W. when the area is platted. Chair Rotty asked if there were any questions or comments from the audience. There were none. Rotty asked if there were any questions or comments from the Commission. Discussion pursued over Outlot 'D', which is in the process of being conveyed over to the developer. MOTION by Larson, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Barker, second by Johnson to approve the Autumn Glen Final Plat. APIF, MOTION CARRIED. 5. Planner Smick introduced for discussion the proposal for reviewing 28~foot wide residential streets. Smick stated that staff has being reviewing the issue since January of this year when several developers proposed the street width. Planner . 4 . . . Planning Commission Minutes Special Meeting April 25, 2000 Smick presented a survey of area communities and their minimum standards for residential streets. It was pointed out that some communities do allow the narrower widths but after meeting certain conditions. Smick stated that one issue staff was reviewing was the requirement of pedestrian sidewalks on at least one side throughout all streets of 28-feet wide. Smick presented a list of criteria in which staff would use to review the possibility of 28- foot road widths. Discussion pursued over what other communities require and if the City should require sidewalks on both sides because there would be more of a benefit to the residents. Larry Frank, Arcon Development, pointed out there is an environmental benefit also. Commissioner Larson asked if there is an economic realty to do sidewalks on both sides. Larry Frank stated that projects that he are doing in Rochester, where sidewalks are required on both sides, it is working. Larson asked why the City couldn't require sidewalks on both sides. Discussion pursued over what current standards are for sidewalk and the inclusion of bike paths. The Planning Commission agreed to forward the discussion to the City Council of the review of 28-foot wide street widths with the addition to review the requirement of sidewalks to be included on both sides of all residential streets except for arterials. 6. There being no further discussion the Commission agreed to adjourn. Respectfully Submitted, Michael Schultz Associate Planner Date Approved 5 . . . Planning Commission Minutes Regular May 9, 2000 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Barker Members Absent: Privette Also Present: Planning Coordinator Smick, Associate Planner Schultz 2. Chair Rotty requested comments for the approval of minutes for the March 14, 2000 Planning Commission meeting. There was one revision requesting the date of December 14, 1999 be changed to March 14, 2000. MOTION by Barker, second by Larson. APIF, MOTION CARRIED. 3. Chair Rotty opened two continued public hearings and two new public hearings for the May 9, 2000 Planning Commission meeting. Chair Rotty opened the continued the public hearing Ecklund Conditional Use permit. Planning Associate Schultz presented the staff report explaining the additional information needed for a full review of the conditional use. In respect to the shared access driveways, Schultz stated that the accesses on the north and south sides of the property be shared with the property owners on each side to reduce the number of accesses onto English Avenue. The owners Brett & Amy Jenson to the north and Jack Benedict to the south have verbally agreed to share in the costs of the shared accesses Schultz stated that the exterior lighting and landscaping meets City Code requirements. The Engineering Division will review the site more specifically at the building permit stage, however, Schultz stated that the engineers don't see major problems with the site at this time. Commissioner Larson questioned how the drainage would work on the site. Schultz stated that catch basins would be located at the access driveways to catch the sheeting water from the site. Larson further questioned where the water goes. Schultz answered that there are storm water ponds that eventually lead to Lake Julia to insure water quality. Schultz stated that the loading area is 21 feet in depth and trucks utilizing this area would not be longer than 21 feet. Handicap parking still needed to be shown on the site plan. Schultz also stated that the signage needs to be reviewed at a later date when a sign permit is pulled. Larson asked if the signage would have to be limited by the ordinance and Schultz answered that that was correct. He further stated that since this was a multi- user building, the sign permit would need to be reviewed by the Planning Commission. Schultz read the three contingencies in the staff memo dated May 9, 2000. Lori Ecklund questioned what would happen if the owners to the north and south do not approve a shared access. Chairman Rotty stated that the access might have to shift entirely onto the Ecklund property, however, he stated that the Planning staff should regulate the number of accesses onto English Avenue to ensure proper planning of the area. Planning Commission Minutes May 9, 2000 MOTION by Larson, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Barker to approve the Conditional Use permit contingent on the following: . A) A written agreement between property owners (Brett & Amy Jenson, Lori Ecklund and Jack Benedict) concerning shared driveways and accesses. B) A detail be shown of the parking lot island indicating the proposed planting plan following requirements outlined in Section 10-6-14: Landscaping in the City Code. C) The applicant submits a signage plan for review by the Planning Commission based on the requirements outlined in Section 4-3-3 (B) (c). D) All engineering issues are resolved. APIF, MOTION CARRIED. 4. Mr. Jim Ostenson representing the Tamarack Ridge Development was not present at this time, therefore Planning Commission Chairman Rotty moved to the next item on the agenda. 5. Chairman Rotty introduced the project. Planning Associate Schultz presented that staff report stating that US West was seeking a Conditional Use permit to erect a 145-foot tall cellular tower in the 1-1 zoning district at 21130 Chippendale Avenue formerly the old Wausau site. The tower meets the setback distances required by the City Code. The monopole tower will allow two additional users on the pole. The pole is designed to bend rather than break. The tower equipment will be stored in a 9Y2 ' x 9Y2 'structure and US West has leased an area of 400 square feet. A six-foot high chain link fence currently encircles the old Wausau site for security purposes. Dakota Storage currently owns the site for mini- storage uses. . The applicant will install a temporary gravel drive to the tower until the site is developed by Dakota Storage. Construction of the cellular tower will be delayed until City crews have installed a new water main on the east side of the proposed tower. The tower may be slide to the west by 5 feet to make additional room for the water main but will continue to meet setback requirements. Commissioner Larson asked what the time line was for the water main installation. Schultz answered that the water main project is needed for the Tamarack Ridge project to the north, therefore the project would begin in mid to late summer. Kelly Slater from US West stated that a 6-foot chain link fence typically secures the 14' x 24' leased area. Slater stated the first climbing peg is 12.5 feet above the ground and is difficult to climb without equipment. Larson questioned whether a light is required on the pole. Rotty stated that a light is required if the pole is over 200 feet. Larson asked if the hospital was questioned concerning their flight patterns. Schultz stated that he talked to the Police Chief and he stated that the emergency routes were clear of the tower. . 2 . . . Planning Commission t-1inutes May 9, 2000 Larson asked who the co-locators would be on the tower. Slater answered that other wireless carriers would be allowed. Rotty questioned whether the additional antennas would require additional poles and Slater clarified that they will be installed on the one monopole. Rotty also asked the applicant if he was comfortable with installing the temporary access and Slater stated that it would be installed because of fire code issues. Rotty stated that some additional type of security fencing around the pole is a reasonable precaution. MOTION by Larson, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by to approve the conditional use contingent on the following: 1. Staff will detennine the extra fencing required for security measures for the height and type of fence; 2. A temporary gravel access drive be installed from the existing end of pavement to the tower site; 3. A landscape plan be submitted and approved by staff in order to screen the north, south and east portion of the tower base and equipment; 4. Construction of the tower will not commence until a new water main has been installed within the City Sanitary Sewer easement. APIF, MOTION CARRIED. 6. Chairman Rotty returned to the Tamarack Ridge Preliminary Plat application. Rotty stated that this was a continued public hearing. Planning Coordinator Smick presented the staff memo. She stated that there was one revision to the plat since the April 25, 2000 Planning Commission meeting. She stated that the single-family lot count has changed from 71 to 73 due to the road reconfiguration. Smick reported that the Dakota County Plat Commission did not approve the northerly access because it was too close to driveway to the north and no hardship was determined. Smick stated that the developer then proposed to relocate the access 550 feet to the south and requested that the City seek a variance to the County's access guidelines. Larson questioned whether Shelly Johnson had reviewed the curves in the single-family area on the plat and Smick reported that Johnson approved the road realignment. Smick continued stating that Erik Peters reviewed the pond issue and he did not see a need for a pond on the north side of CSAH 66 because the storm water ponds on the site will be adequate for runoff. Therefore, the developer will not pursue the annexation of the pond area. Smick stated that the fire accessways to the condominiums have been approved by the Fire Marshal. Smick stated that the Engineering Division had reviewed the plat and concluded that no major engineering issues were determined. 3 Planning Commission Minutes May 9, 2000 Smick stated that the Empire Town Board was currently meeting to discuss whether their township residents would approve the cDnnectiDn of City water services to their residences. Smick stated that the tDwnship residents cDuld remain on the township's sewer even thDugh the residents CDnnect tD City sewer. Commissioner Larson questioned whether that wDuld cause problems and Smick stated that the township's sewer fees to the residents could be cDnsidered like private utility fees. She stated that the City Attorney apprDved the location of the existing tDwnship sewer line in a City easement. Community Development Director Olson stated that the legalities .of agreements would need to be worked .out, however initially, the sewer could remain the tDwnship's property. . RDtty stated that he was concerned because the issues were not resolved, hDwever, he wDuld follDW the lead of the Commission. He alsD asked what would happen if the variance frDm DakDta Caunty was nat appraved. Olson stated that this portion of the plat cantingencies would have ta be re.opened hawever procedural questions w.ould be sought from the City Attorney. Olsan also stated that if the township residents approved the connection t.o City water services the roadway section .on 209th Street would most likely be changed t.o an urban section .on bDth sides .of the. street. MOTION by Johnson secand by ~arker tD close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson secand by Barker cantingent on the foll.owing: 1. The Dakota County Plat Commission approves a variance from their spacing guidelines for the n.ortherly acce~s to CSAH 66. 2. The City and Empire Tawnship meet to resolve the water main issues within the 209th Street right-of-way and street c.onstruction issues for 20gth and 209th. . 3. Engineering issues are resolved. APIF, MOTION CARRIED. 6. Rotty began discussions for the variance of the maximum lot coverage in an R-3 zone. Schultz presented the staff report stating that the applicant is proposing a lot coverage of 27.9% with his proposed multi-family t.ownh.ome unit located at 304 Main Street. Schultz stated that the maximum lot coverage in an R-3 zone is 20%. Schultz stated that the cDmprehensive plan shawed the property to be business. The lot has been vacant since May .of 1999. Schultz stated that this use has been determined by the City Attorney as a townhouse and must be meet th.ose requirements. He stated that under the R-3 z.one, the minimum lot size is 15,000 square feet, l.ot width is 100 feet and maximum lot coverage is 30%. The current lot is 10,200 square feet with a 60-fo.ot l.ot width. Schultz stated that the applicant has not determined a hardship fDr the property. Rick Wright, applicant .of the t.ownhouse development, stated that he was seeking a variance because .of the unclear definition for a dwelling townhome. He stated that the structure could be considered a multi-family. . 4 . . . Planning Commission Minutes May 9, 2000 Chairman Rotty stated that if the structure was considered a multi-family, that the applicant would still require a variance for maximum lot coverage. Rotty explained that the applicant would need a variance under both definitions. Larson questioned what type of structure could be acceptable for this lot to be utilized. Schultz stated that the applicant could build a multi-story structure or a single-family resident. Melissa Blassier of 300 Main Street stated that she was opposed to a triplex because of its scale on such a small lot. She questioned how far the building would be setback from the property line. Schultz stated it is 10 feet. Commissioner Barker stated that he agrees with the City Attorney that the structure is a townhouse per the definition and he does not see a hardship. Commissioner Privette asked if a single-family home was an option. Rick Wright stated that it was an option but it is in an R-3 zone. Larson stated that he would like to see the structure face the street in a multi-level structure. Larson recommended that the Planning Commission table the discussion to allow the applicant to bring in additional options. Smick stated that a renotification would be required if a new concept was brought before the Commission, however if the applicant had a modification to this application, the Commission could continue the hearing. MOTION by Johnson second by Barker to continue the public hearing to June 13, 2000. APIF, MOTION CARRIED. 7. Rotty began discussions concerning a variance from the minimum setback requirements in the R-2 district for a new garage. Schultz explained the staff report. The applicant, Curt Orndorff, is requesting a variance from the side yard setback of 4 feet. The applicant will utilize the existing garage foundation. The Planning Commission stated that they could see a merit for reviewing this variance at the next scheduled Planning Commission meeting. Rotty stated that he could see the uniqueness of the property and a hardship could be determined. 8. Smick began discussions concerning the 28-foot wide residential street proposed by the Development Committee. The 28-foot street is measured from curb face to curb face. She stated that Shelly Johnson reviewed the street modification as long as the criteria were met on the information sheet. Larson questioned whether the City could request sidewalks on both sides on all streets except on collector streets in the City. Chairman Rotty stated that this was requested years ago and it is a case of safety and aesthetics. The Planning Commission requested that staff forward this recommendation to the City Council. The Planning Commission was also in favor of the 28-foot wide street width as long as the criteria were met. 9. Adjourned at 10:20 P.M. 5 Respectfully submitted, Lee Smick, AICP Planning Coordinator Approved 6 Planning Commission ~inutes May 9, 2000 . . . . Planning Commission Minutes Regular June 13, 2000 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Barker, Privette Members Absent: None Also Present: David Olson, Community Development Director; Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner 2. Chair Rotty requested comments for the minutes as submitted for April 25, 2000 meeting. Commissioner Privette pointed out that he was not present at that meeting. MOTION by Barker, second by Larson to approve minutes as amended. APIF, MOTION CARRIED. Rotty requested comments for the minutes as submitted for the May 9,2000 meeting. There were none. MOTION by Barker, second by Larson APIF, MOTION CARRIED. Planning Chair Rotty opened all four scheduled public hearings. 3. Chair Rotty introduced the Conditional Use Permit application to locate a single-family house within an R-3 (High Density) zoning district located on lot 5, block 26, Town of Farmington; applicant Rick Wright, Prior Lake, Minnesota. . Associate Planner Schultz presented the staff report. Schultz explained that this is a continuation of the public hearing for the proposed duplex that required a variance held at the previous commission meeting. Schultz stated that the applicant was willing to change his proposal from a duplex to a single-family home after he heard neighborhood opposition and concern from the Commission. Schultz stated that the home meets all zoning requirements except for the proposed fifty-foot setback, which the applicant already has stated he is willing to change. Schultz indicated that the proposed use of the lot is shown as commercial on the Comprehensive Plan. Schultz stated staff is recommending approval because of the limited size of the lot and the likely need for the comer property to make it commercially viable. Rotty asked the applicant if he had anything to add to the staff report. The applicant stated that he did not. Rotty asked if there was any public comment on the issue. There were none. Rotty moved the discussion to the table. Rotty stated that the new proposal of the single-family home looked good and is probably more appropriate for the neighborhood given all the single- family residences. Rotty asked if there was any additional questions or comments from the Commission. There were none. MOTION by Johnson, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Privette to approve the Conditional Use Permit contingent upon the following: i. The applicant submit a certified survey of the property with the building permit application; ii. The proposed house conforms to the average front yard setbacks of the neighborhood APIF, MOTION CARRIED. . 4. Chair Rotty introduced the Variance request to encroach 3.7 feet into the side yard setback within the R-2 (Medium Density) zoning district, applicant Kurt Orndorff, 605 Willow Street. Planner Schultz presented the staff report. Schultz explained that the applicant is seeking the variance in order to reconstruct the attached garage that was legal nonconforming. Schultz stated that the applicant's original proposal was to remove the attached garage, remodel the home and construct a larger detached garage in the rear yard. . Rotty asked the applicant if he had any additional comments. Mr. Orndorff stated that he could not move a new attached structure any further to the rear because of the sanitary sewer line that runs behind his home to the back alley. Chair Rotty asked ifthere was any comments or questions from the public. There were none. Rotty brought the issue back to the table for comments from the Commission. Commissioner Larson stated that he did not see a problem by erecting the garage in the same location that it was. Rotty stated that he would agree with the staff's review that this and the two homes to the east were off-set on the lot and placed closer to the property lines than probably anticipated. Commissioner Barker asked if the neighbor's were in agreement with this. Mr. Orndorff stated that the neighbors to the east and west have no problem with the proposal. Rotty asked if there was any more discussion from the Commission. There was none. MOTION by Larson, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to approve a four-foot variance to the side yard setback for construction of an attached garage. APIF, MOTION CARRIED. . 5. Chairman Rotty introduced a variance permit application to encroach six feet into the side yard setback & exceed minimum lot coverage; the applicant is Dustin Weierke of 408 1 sl Street. Planner Schultz presented the staff report. Schultz stated that the variance is for the construction of a lean-to structure on the west side of a non-conforming garage and to exceed the maximum lot coverage by 3%, currently the garage is located along the north property line. Schultz explained that the lot, measuring only 28.33' wide and 180' deep, was split sometime around 1915 when the house was constructed. Chair Rotty recognized the applicant's father, Bill Weierke, representing the applicant. Mr. Weierke stated that his son has fixed up the property and is looking for additional storage to store a vehicle instead of outside. Mr. Weierke added that there would not be any additional structures on the property. Rotty requested questions or comments from the public. Tim Dougherty, 517 Spruce St.: What type of structure is it and how close to the property line is it. Schultz responded that the structure is a lean-to and that the garage and the addition straddle the north property line. Rotty requested comments from the commission. Commissioner Larson stated that this is a unique situation and something that occurs occasionally in the downtown area. . . . . The Commission discussed the variance hardships outlined in the report and agreed that this property a unique situation. MOTION by Barker, second by Johnson. APIF, MOTION CARRIED. MOTION by Larson, second by Privette to approve the variance to encroach six feet into the side yard setback and the variance to exceed the maximum lot coverage by 3% contingent: i. That all materials used in construction of the lean-to structure are acceptable building materials and are not materials that are considered "unsightly" as stated in 4-5-2 of the City Code, those materials may include plastic, canvas, tarp or any other material that may be used as part of the structure if any type of motorized vehicle is stored within the lean-to. APIF, MOTION CARRIED. 6. Chairman Rotty introduced the variance permit application to exceed the maximum lot coverage by 3.8% in order to construct a deck; the applicant is Ryan Elsen, 18523 Egret Way. Planner Schultz presented the staff report. Schultz explained that the house currently covers 24.9% of the property located in Prairie Creek pun. Schultz explained that when the PUD was introduced staff requested that the developer transition from the smaller lot sizes found in the Dakota County Estates subdivision to the larger 10,000 square foot lots proposed in the Prairie Creek development. Schultz stated that no concessions were made in the PUD agreement for the smaller lots, even though the lots to the north are permitted 30% lot coverage, while only 25% is permitted in Prairie Creek. Rotty asked the applicant if he had any additional comments to add to the staff report. Rotty requested any questions or comments from the public on the variance request. There was none. Rotty moved the issue back to the table and requested comments or questions from the commission. Rotty agreed that concessions should have been made within the language of the pun on this issue of the smaller lots. Rotty added that he drove past the property and did not think that the deck would infringe on the other properties. There was no other discussion from the commission. MOTION by Johnson, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Barker to approve the variance to exceed the maximum lot coverage by 3.8% in order to construct a deck contingent: i. That the structures on the property not exceed the approved percentage of the variance with any additional structures, as defined in the City Code. 7. Chair Rotty introduced for discussion the Tamarack Ridge I sl Addition Final Plat for James Development Company. Planning Coordinator Smick presented the staff report. Smick briefed the Commission on the details of the plat located east of Trunk Highway 3 and south of County Road 66. Rotty questioned the temporary access along County Road 66 the developer is seeking from the County and what would happen if they were denied. Smick stated it possibly could hold up the development but could use alternate temporary accesses to the condominium portion of the development. Community Development Director Olson added that the reason the developer is seeking the temporary access is to construct a "dry" model and that road construction won't begin in time if the City approves construction of the dry model. The Commission briefly discussed the request from the MFHA to require a barricade to block any possible commercial traffic through the rental townhouse area. The Commission agreed with staff to deny the request citing that the emergency access is more important and that commercial development is not anticipated for at least 3 to 5 years. The Commission also agreed that other means such as signage could be used to deter through traffic. . MOTION by Johnson, second by Privette to forward a recommendation to approve the Tamarack Ridge fmal plat and to also acknowledge staff's recommendation to deny the request from MFHA for a barrier across the private road access in the rental townhouses. APIF, MOTION CARRIED. 8. Chair Rotty introduced for discussion the Bristol Square Townhomes 2nd Addition fmal plat for Allen Homes, Inc. Planning Coordinator Smick presented the staff report for the 42-unit townhouse development located north of 2 13th Street and east of the Glenview development. Smick pointed out to the Commission that the developer has added 4 single-level units into the development. Rotty voiced his concern for townhouse developments with only I-stall garages because of today' s needs and seeing the problems arising in the old section of town, but pointed out that the developer feels is marketable product. Rotty requested any questions or comments from the commISSion. There was none. Rotty requested a motion to be forwarded to the City Council. MOTION by Barker, second by Johnson to forward a recommendation of approval to the City Council for the Bristol Square Townhomes 2nd Addition. APIF, MOTION CARRIED. 9. Chairman Rotty introduced for discussion the Charleswood 3rd Addition final plat for Genstar Land Co. . Associate Planner Schultz presented the staff report on the 62-lot development that is a continuation of the single-family portion of the Charleswood Planned Unit Development. Rotty requested any questions or comments from the Commission. Commissioner Johnson asked staff why Sugar Maples are not an accepted boulevard tree. Smick replied that Sugar Maples do not grow well in clay soils. Commissioner Privette asked about the access out to Pilot Knob Road and was under the understanding that the road was needed for the future phases of the single-family development. Schultz responded that staff and the developer came to an agreement that a temporary road would be constructed during the construction of the 4th addition for the purpose of construction and emergency vehicles. Schultz stated that road design is not known because of the unknown design of the multi-family. Schultz reiterated that the construction of200th Street would likely occur with the platting of the multi-family, possibly within the next year. Commissioner Johnson asked if that TOad alignment will create an intersection with the future road within the Murphy Farm development and will it require traffic lights. Schultz stated that the roads will create an intersection along Pilot Knob Road, but it is not known if a traffic signal would be warranted at this time. MOTION by Johnson, second by Larson to forward a recommendation of approval for the Charleswood 3rd Addition fmal plat to the City Council contingent upon: . I. Engineering review and approval of fmal construction plans; ii. Amend the Landscape plan excluding Sugar Maples with another species accepted in Title 10-6-14 (0) APIF, MOTION CARRIED. 10. Chairman Rotty introduced for discussion a proposed four-foot variance request from Tim & Kelly Dougherty, 517 Spruce Street. Planner Smick presented the staff report. Smick stated that the Dougherty's are seeking the variance to reconstruct a previously nonconforming garage that was razed. Smick stated that proposed double stall garage would require a four-foot variance if constructed in the same location. The Commission and staff began discussion on the issue that occasionally occurs in the old section of town with lots not being as wide to accommodate the needs for today's families, especially with garages. The Commission agreed that there is little room for improvement of these properties with the restrictive setbacks of the zoning code. Tim Dougherty presented his argument for the need for the variance. Dougherty stated that his intent is to maintain as much open space in the rear yard as possible. Dougherty stated that at one point the driveway access used to come off of 6th Street before the lot to the east was split off. Mr. Dougherty stated that he is concerned with moving the garage further to the rear and set it off the required setback resulting in the loss of yard space. . Rotty asked if the proposed variance is 3 or 4 feet. Mr. Dougherty responded 4-feet. Rotty reminded the resident that a vote would not be cast at this meeting for the variance. Commissioner Larson stated that a compromise of splitting the difference at 3-feet may be acceptable to him. Mr. Dougherty stated that he could review that option in respect to vehicle access into the west stall. The Commission and staff discussed the possible review of the zoning ordinance for setback requirements, especially in the older section of town. Community Development Director Olson stated that it could warrant a review with repeated variance requests in the downtown section of town. The Commission directed Mr. Dougherty to apply for the variance request if his intent is to reconstruct the garage in the previous location. II. Chairman Rotty introduced for the discussion the status of the Conditional Use Permit for David King to locate a duplex within an R-2 (Medium Density) zoning district. Community Development Director Olson presented the Commission with a staff report. Olson stated that the application has expired with the one-year requirement of making "significant progress" on the project and that the Commission will need to determine not the status of the permit, but to recognize the defmition of "significant progress". Olson explained the options the applicant will have based on the decision of the Commission. Chairman Rotty asked if the applicant had anything to add to the staff report. . David King stated that the he has been working with both the lender and the abstract company to clear up issues relating to the title for past couple of months. Mr. King stated that the lending company would not allow any commencement of work on the property because of liability purposes. Mr. King stated that there is only one remaining issue on the title work and that foundation plans are being drawn up for the placement of the structure. . Chairman Rotty stated that it was his understanding that this project was to commence and be completed in 1999. Mr. King responded that that was his intention, but because he acquired another business it took up a lot of his time, in addition that he brother was no longer available to help with the project. Chair Rotty stated that Mr. King has affIrmed that he has not met the staff requirements of "substantial progress" in that included an approved building permit and foundation work to begin. Mr. King agreed but added that his hands were tied with the lender not allowing those things to begin. Chair Rotty explained that the Commission has no legal authority to extend the conditional use permit according to the City Attorney other than that of section 10-8-8 of the City Code to uphold "substantial progress". MOTION by Rotty, second by Larson that due to that the lack of "substantial progress" being no building permit issued or the commencement of foundation work that the Conditional Use Permit be null and void. APIF, MOTION CARRIED. Chair Rotty explained the two options available to Mr. King and recommended that he sit down with city staff on what option to take. Discussion briefly ensued on the issues and options relating to the CUP. 12. There being no further business the Commission agreed to adjourn at this time. Respectfully Submitted, . Michael Schultz Associate Planner Date Approved . . Planning Commission Minutes Special Meeting June 27, 2000 1. Chair Ratty called the meeting to order at 7:00 P.M. Members Present: Ratty, Larson, Barker, Privette Members Absent: Johnson Also Present: David Olson, Community Development Director; Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner Planning Chair Ratty opened all four scheduled public hearings. 2. Chair Ratty introduced the Conditional Use Permit application for Colin Garvey to expand his existing Landscape Depot business located at 100 5th Street. . Planner Schultz presented the staff report. Schultz stated that because there were a number of unresolved issues relating to the proposed expansion, staff is recommending continuation of the public hearing based on the following issues: a) Access to 4th Street across the Canadian Pacific Railroad ROW does not appear to be authorized in the contract between Mr. Steve Finden and SOO Line Railroad Company; b) A portion of the proposed area to be used in within the unimproved alley in Block 30 and the railroad ROW; c) The survey that was submitted is incomplete and should indicate the location of proposed structures, driveways and landscaping. The Commission agreed that there were significant issues that need to be resolved before a decision could be rendered. MOTION by Larson, second by Privette to continue the public hearing to the next regularly scheduled meeting on July 11, 2000. APIF, MOTION CARRIED. 3. Chair Ratty introduced the variance application for Tim & Kelly Dougherty, 517 Spruce Street. Planner Smick presented the staff report. Smick explained that the applicant is seeking the variance in order to construct a two-stall garage on the same location where a garage was recently razed, approximately 2 feet from the easterly property line. Smick stated that the applicant is willing to set the proposed garage back an additional foot, to encroach only 3-feet into the side yard setback; this will enable the applicant to preserve the open space of the back yard. Ratty asked if the applicant had any additional comments. Mrs. Dougherty did not have any additional comments. Ratty requested any comments or questions from the public. There were none. Discussion was brought back to the table. . Chair Ratty discussed the continuing problem properties in the old section of town are faced with in relation to today's standards, such as two-stall garages. Ratty voiced concern that the narrower lots are at a disadvantage to meet the setback requirements when putting in a two-stall garage. Chair Ratty explained that staff is in the process of examining the situation for Zoning Code. . Ratty requested comments or questions from the Co.tml1ission. The Commission agreed that there seems to be an ongoing problem in the old section of town and would support this variance. MOTION by Barker, second by Privette. APIF, MOTION CARRIED. MOTION by Barker, second by Larson to approve the variance to encroach 3-feet into the side yard setback with the construction ofa two-stall garage. APIF, MOTION CARRIED. 4. Chair Ratty opened discussion for the proposed MUSA expansion. Ratty explained to the public attending for this item that the Planning Commission will not make any recommendations on specific properties, but will partake in the discussion of each property under consideration. Planner Smick presented the staff report concerning the proposed MUSA expansion. Smick explained that the Metropolitan Council has indicated in a letter that communities will be pennitted to develop land within the 2010 MUSA Boundary. Smick went on to explain that because the City's 2020 Comprehensive Plan did not stage develop, but otherwise illustrated proposed MUSA areas in order to control areas of growth. Planning Coordinator Smick pointed out that the City anticipated 610 acres of MUSA for 2005; 400 acres Low Density, 30 Low/medium density, 60 Medium density, 40 Industrial and 80 for Unanticipated growth. Smick then discussed the criteria for the properties in which the City would consider for expansion. Smick presented the properties in a . detailed summary and analysis of each. Commissioner Barker asked what the status of the School District is on locating a site for a new Elementary School. Community Development Director Olson stated that staffhas been working with the School District and that they have narrowed it to four sites. Although MUSA will need to be made available for the school building, the entire site may not be calculated as MUSA acres. Ratty asked if there were any comments from the public. Steve Albrecht. William Engelhardt Associates, Inc. representing Allen Homes Inc. for parcel 'F'. Mr. Albrecht stated that they had contacted the City last year about expansion of the MUSA and feels that the property is unique because of the location of the river and downtown. Steve Juetten, Genstar Land Company - Is the City looking to add as much MUSA as feasible at one time or will it be fazed over 5 years. Community Development Director Olson responded that the City wouldn't necessarily dole out all 610 acres, but will examine the criteria for MUSA expansion and continue discussions with the School District for their needs. Chair Ratty requested any other comments or questions from the public. There were none. . . Ratty briefly went over staff's MUSA expansion requirements and requested that the Connnission take the time to review them before the joint Planning Commission I City Council meeting. Ratty asked the Commission if there were any questions of the criteria. Commissioner Larson commented that the issue of transportation should be stressed more, especially for east/west roads. The Connnission agreed. The Commission and staff continued discussion on concerns in the amount of current and future medium density development, especially the total number of townhomes units that are being constructed. The Commission and staff discussed the overall process and what the presumed outcome would be at the August 11,2000 joint meeting for the benefit of the attendees. 5. Associate Planner Schultz informed the Planning Chair that there was a supplemental memo for the discussion for John Engler, 19052 Enchanted Ct., who proposes to expand an attached garage larger than the 1,000 square feet pennitted for accessory structures. Mr. Engler stated that he wishes to extend the garage six feet toward the street and put on a 12' x 28' addition, with a total of approximately 1,056 square feet. . Chair Ratty asked the applicant if he could alter it to get within the 1,000 square feet permitted. Mr. Engler stated that it is his understanding that he could add a 1,000 square foot detached garage, but does not want to damage the character of the neighborhood. Ratty eXplained that the City has actually increased the maximum garage size from 800 to 1,000 square feet and there was resistance at that time. The Commission. the resident and staff continued discussion on an attempt to resolving the resident's proposal for expansion of the garage. Chair Ratty directed the resident to continue to work with staff on a resolution to the situation and to go through the criteria for a variance, and that if comfortable to make an application for a variance. 6. There being no further business the Commission agreed to adjourn at this time. Respectfully submitted, Michael Schultz Associate Planner Approved . . . . Planning Commission Minutes Regular Meeting July 11,2000 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Barker, Privette Members Absent: None Also Present: Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner 2. Chair Rotty requested comments for the minutes as submitted for June 13, 2000 meeting. MOTION by Larson, second by Privette to approve minutes. APIF, MOTION CARRIED. Planning Chair Rotty opened all four scheduled public hearings. 3. Rotty opened the continued public hearing for the Conditional Use Permit for Colin Garvey's proposed expansion of the Landscape Depot. Planner Schultz updated that Commission on the status of resolving the issues presented to the applicant. Schultz stated that the only information that had been submitted was a survey of the lot that clarified the vacation of the alley right-of-way. Staff is still awaiting information on the use of Railroad ROWand a more detailed site plan. Staff is still researching the vacation of Pine Street. MOTION by Johnson, second by Barker to continue the public hearing to the July 25,2000 meeting. APIF, MOTION CARRIED. 4. Chair Rotty opened the public hearing for the Vermillion Grove Preliminary Plat for Rottlund Homes. Planning Coordinator Smick presented the staff report. Smick outlined the proposed 122.5 acre development that is proposed south of 195th Street and east of Pilot Knob Road. Smick stated that the plat contains 94 single-family units, 68 garden homes, 67 garden townhomes and 148 villa townhomes. Smick then presented the details of the development. Rotty asked if there were any questions or comrnents from the public. Erwin Hagen, 19643 Akin Road, What is the closest distance of the homes to my home? Voiced concerns of water flow through the rear yards of Akin Road residents. Staff stated that the nearest townhomes would be approximately 200 to 250 feet, with a private drive and stand of trees separating the two. Michael Noonan, Rottlund Development, replied that the swale should be improved with less runoff occurring with storm sewers and storm ponds. Al Corrigan, 19715 Akin Road, What percentage of the traffic will access out onto Akin Road? Should have a controlled intersection at that location. Staff replied that they did not have an exact number of vehicles, but that most of the homes located on 'Road B' will likely use that access, but felt most of the traffic within the development will continue up to 195th Street or out onto Pilot Knob Road. Smick added that staff is reviewing that intersection with the County and the developer for possible turn and passing lanes. . Mr. Corrigan expressed concern that turn lanes wouldn't help and that a blind intersection already exists and added that stop signs should be installed. Chair Rotty replied that the Commission doesn't have the authority to recommend traffic control, but would forward the comments to Engineering and the Police Department. Smick added that staff would continue to review the situation with the developer for a possible resolution. Erwin Haien, Questioned the 3 way intersection at both 'Road B' and Akin Road and also at 195 Street and Akin Rd. Staff indicated to Mr. Hagen that 195tb Street would eventually be a through street to Highway 3. Kerry Hanifl, 19927 Akin Road, Questioned what would occur behind her home and if any trees would be removed. Smick indicated that because of the slope of the land the developer is likely going to outlot that area and dedicate it to the City and that no trees would be rernoved. Commissioner Larson asked about the removal of trees on the remainder of the site. Smick replied that there would be tree removal where the proposed streets, housing pads and ponding areas were to be located; trees would be saved around the wetland and proposed park and they will buffer the existing housing along Akin Road. . Larson questioned whether more trees could be saved on site and if an inventory had been completed. Smick replied that a detailed inventory had not been submitted. Mr. Noonan added that a forester has been on site to complete a detailed inventory. Mr. Noonan that rnost of the trees on site were over grown and made up of buckthorn, Cottonwoods, Elms and other undesirable tree species; but there were a number of Oaks and Maples on site that could be looked at. The Commission advised that the developer meet with staff concerning the possibility of saving additional tree stands. The Comrnission and staff discussed the Dakota County Plat Review letter requiring 75- feet for half of a right-of-way for a four-lane divided highway. Smick stated that it has never been the intent of the City to have 195th Street to be a four-lane divided roadway and that 60-feet for half of a right-of-way for a four-lane undivided would be sufficient. The Commission inquired about the overflow structure to be constructed on the south end of the wetland for both the Vermillion Grove and Murphy Farm developments. Planner Smick replied that the overflow structure would need to be completed before development could begin and that there is continuing discussion between the two developers and the City. . . Commissioner Privette voiced concern over forwarding the Preliminary Plat to the City Council with the number of staff requirernents listed in the report. Chair Rotty stated that he also has some concern, but was comfortable that the developer and staff have already been discussing resolutions to the requirements. Rotty asked if there was any more discussion from the public. There was none. MOTION by Barker, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Barker to approve a 15' variance for the length of cul-de-sacs proposed within the development. APIF, MOTION CARRIED. MOTION by Johnson, second by Privette to approve the preliminary plat and forward it on the City Council contingent on the following: Approval of the Vermillion Grove Preliminary Plat is contingent upon an agreement being reached between Pettis and Rottlund Homes for the purchase of a small piece of propeI1y owned by Pettis in order to connect with Akin Road to the east. Approve a lIS-foot variance from the maximum cul-de-sac length of 500 feet for the cul-de-sacs on Streets C, D, E and N. Require a 66-foot right-of-way with a 50-foot radius to the face of curb for cul-de- sacs on Streets C, D E and N and Drive H. Require Streets C, D, E and N to be reduced from 34-foot back to back roadways to 30-foot back to back roadways meeting the City's criteria for 28-foot wide streets thereby n:quiring a sidewalk on one side of the street. Require a sidewalk on one side of Street B to promote pedestrian safety and provide a pedestrian access to Akin Elementary School to the north from these neighborhoods. Require the driveways on the west side of buildings 62, 63, and 64 to meet the requirernents of the City's Dead End Access Road Policy per Fire Code requirements (copy attached). Require additional trees to be installed along the east side of the storm water pond adjacent to the Pettis property for screening of the development. Require the re-establishment of the buffer area along the fill slope of Street B per requirernents of the Wetland Ordinance and/or additional buffer area to achieve the average buffer width. Approval of the Vermillion Grove Preliminary Plat is contingent upon all engineering requireml~nts being addressed. The developer and staff meet to discuss the preservation of additional trees on site. APIF, MOTION CARRIED. 5. Chair Rotty opened discussion on the proposed MUSA expansion. Smick stated that the joint City Council/Planning Commission meeting is proposed for Wednesday, August 16, 2000 at 7 p.m. The Commission discussed the proposed date and concluded that most would be available, with one needing to check work schedule. Chair Rotty took a vote to meet on the proposed August 16th date. APIF, MOTION CARRIED. 6. There being no further business the Commission agreed to adjourn. Respectfully submitted, . Michael Schultz Associate Planner Approved ~ . . . Planning Commission Minutes Special Meeting July 25,2000 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Barker, Privette Members Absent: Johnson Also Present: Lee Smick, Planning Coordinator, Michael Schultz, Associate Planner Planning Chair Rotty opened all four scheduled public hearings. 2. Planning Chair Rotty introduced the continued public hearing for the Conditional Use Permit appliication from Colin Garvey to expand the Greenhouse/Landscape business located at 100 4th Street. Schultz updated the Commission on the status of the additional information that was requested of the applicant. Schultz explained that no additional information has been forwarded to staff concerning any approvals from C.P. Railroad granting the applicant permission of the use of the property or to cross the railroad spur line. Schultz also indicated that the applicant would need to submit a site plan indicating the location of drive areas" accesses, parking and any proposed structures. Staff is also continuing their research on the vacation of Pine Street. The Commission and staff discussed the status of the railroad right-of-way in relation to coming to terms with the applicant. Commissioner Larson stated his concern with the length of time it will take for this issue to get resolved pointing to the example of the Farmington Eagles Club and the railroad company and added that he would recomrnend that the applicant pull the permit off the table. Schultz re:commended to continue the public hearing to the August 8, 2000 Planning Commissi.on meeting; due to the 60-day requirement for Planning Comrnission decision, this will be a "drop dead" date for the applicant. MOTION by Larson, second by Barker to continue the public hearing to the August 8, 2000 Planning Commission meeting. APIF, MOTION CARRIED. 3. Chair Rotty introduced the public hearing for the Autumn Glen 2nd Addition for Arcon Development. Planner Schultz presented the staff report. Schultz stated that the 51-lot plat is a continuation of the Autumn Glen I st Addition located west and adjacent to the proposed plat. Schultz explained that entire Autumn Glen subdivision received Preliminary Plat approval in 1999. Staff pointed out that the developer will need to make corrections to the easements of the lots located within Block I of the 2nd Addition and also to correct the encroachment of the lot within the wetland boundary of Lot 8, Block 3. Schultz indicated that tree:s were not included between Lot 8, Block 3 and Lot I, Block 6 of the plat and in discussion with the developer he would be willing to work with staff on placement of the trees be:cause the number of trees located within the outlot. ~ Larry Frank, Arcon Development, briefly gave presentation of the final plat adding that they are hoping to complete the roads within 30 days of City Council approval. Mr. . Frank added that he is agreeable to the conditions given by staff. Chair Rotty asked if there were any questions or comments from the public. There were none at this time. Chair Rotty asked for questions or comments from the Comrnission after reviewing the revised staff conditions. Commissioner Larson asked what the buffer is from the wetlands. Mr. Frank replied that the man made ponds are all within the dedicated park space and do not abut any of the lots. Larson asked if there would be any signage indicating that it was park space. Staff indicated that that would be something they could review. MOTION by Privette, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Barker to approve the Autumn Glen 2nd Addition contingent to the following conditions: a) The Developer adjusts Lot 8, Block 3 to not encroach into the wetland boundary b) The Developer and staff review the easernents within the final plat in comparison to the Preliminary Plat (due to adjustments of the storm water layout); c) Engineering approves the construction plans for the 2nd Addition and the Developer enters into the Development Agreement; d) The Developer and staff review the situation in relation to the tree planting between Lot 8, Block 3 and Lot 1, Block 6 of the outlot. . APIF, MOTION CARRIED. 4. Planning Commission Chair Rotty introduced the Murphy Farm Preliminary Plat from DR Horton and Arcon Development. Planning Coordinator Smick presented the staff report. Smick indicated the number of lots proposed for both the single-family and multi-family portions of the developrnent. Smick also indicated to the Commission the location of the proposed parks. Smick stated that the plan shows the housing pads encroaching into or is in close proximity to the gas pipeline easement; the Gas Company restricts any structures to be placed within the easement. Smick went onto to update the Commission on both the Wilson and McCarthy properties. Smick stated that the developer is willing to plat around the Wilson property. Smick noted that the Engineering Division has a number of issues concerning the Murphy Farm Preliminary Plat and that the attached memo from Lee Mann, Director of Public Works/City Engineer. Planner Smick presented a summary of the requirements to the Commission and recommended that the public hearing be continued to the August 8, 2000 meeting that included: . . a) The plat name for Murphy Farm be renamed due to the name being previously used on another plat in Dakota County; b) The 128 units shown outside of the MUSA are identified as a premature subdivision in the zoning code (11-2-4 (A-I)) and are not allowed to be platted at this time; c) The Parks & Recreation Commission require that a park site be identified in the southern portion of the project that is not susceptible to flooding and is large enough to provide space for a ballfield. d) Street J is proposed to provide a southerly east/west local street, however, because of the proposed traffic along this roadway, City staff require that the roadway width be increased to 34-feet measured back-of-curb to back-of- curb rather than the proposed 30-feet back to back. Because of the requirements, the configuration of the townhornes will need to be modified to prevent Buildings 4 and 5 in Lot 6 and 4, 5 and 6 in Lot 7 from being shifted into the proposed Middle Creek floodplain; e) Request that the developer make homebuyers aware of the gas pipeline easement so that future applications for decks or storage sheds are taken into . account and do not encroach within the easement f) Approval of the Murphy Farm Preliminary Plat is contingent upon all engineering requirements being addressed; g) Coordination is done between DR Horton! Arcon Development and Rottlund Homes concerning the storm water outlet that is required per the City's Storm Water Management Plan. . Chair Rotty asked if there were any questions from the Commission. There were none at this time. Rotty asked if the developers had anything to add to the staff report. Don Patton, DR Horton, stated that although he is disappointed in the staff recommendation but understands the complexity of the site. Mr. Patton discussed the issue of the location of the parks, but is willing to work with the Park Board on the locations. Mr. Patton and Chair Rotty discussed the naming of the subdivision due to the existing plat name of Murphy Farm. Chair Rotty suggested sticking with the new name Middle Creek Estates for clarification purposes. Patton also addressed the issue of the location of the house pads stating that pads are large enough for the construction of both the home and any deck addition. Chair Rotty asked if there were any questions or comments from the public. Kelly Ceminsky, 20390 Eaves Way, Inquired if the plat involves the are behind his home and if the developer were still interested in acquiring a portion of his property. Don Patton responded that the plat was not is this location at this time, but is possibly interested in either having a grading easement or purchasing the land, but it isn't known at this tirne what will be needed. . John Devney, 5788 212th Street, Had several inquiries about the park location, the type of housing and the location of the street access into the development. '- Chair Rotty stated that the Park Board has requested that the park be relocated outside of the flood zone. Don Patton explained the types of housing to be constructed within the development. Discussion continued to clarify to the resident the location of the street accesses. . There being no further public comments Chair Rotty brought the discussion back to the table. Chair Rotty discussed the issue of tree preservation on the site. Rotty stated that in the schematic stages of the development the developer suggested swapping the location of the lower densities with the medium densities for the purpose to preserve some of the natural resources on the site. Don Patton responded that there would always be some tree loss in development. Mr. Patton indicated the areas of proposed tree preservation on the site and explained the need for flatter sites for the 4-unit villas. Chair Rotty indicated that there is still a significant amount of tree loss. Larry Frank, Arcon Development, added that the reason for the changes was because the flatter area was more conducive for the larger multi-family buildings, along with the gas line easement, water main project, wetlands, topography and soil conditions warranted the switch. Mr. Frank added that they are willing to save as many trees as possible and recommended that it's easier to save "clumps" of trees than individual trees. Chair Rotty asked if the Commissioner's had any comrnents toward staffs requirements. The consensus of the Commissioners was to allow staff and the developer to continue to work on resolving the issues. Chair Rotty asked that staff forward a clearer explanation from Eric Peters on the storm water culvert outlet. . Keith Willenbring, Pioneer Engineering, gave a brief explanation of the required storm water culvert stating that it was required in the City's Storm Water Management Plan. Mr. Willenbring added that the culvert will be placed near the DNR protected wetland and should rnaintain the water level or slightly lower it. Rotty questioned if the bounce of that pond will effect any of the properties within the Pine Knoll neighborhood. Keith Willenbring stated that he did not believe that the bounce would effect any of the properties but will check with the engineer who ran the numbers. MOTION by Barker, second by Privette to continue the public hearing to August 8, 2000. APIF, MOTION CARRIED. 5. Chair Rotty opened discussion to allow an 8- foot fence in a residential district by Jim Stuart, 18273 Euclid Street. Planner Smick presented the discussion item. Smick stated that the proposed 8-foot fence would be placed on top of an existing 2.5-foot retaining wall that would result in a screen of 10.5- feet. . . . . Mr. Stuart submitted pictures of the property to the Commission. Mr. Stuart argued that his deck is on the side of his property and the neighbor's window is directly at the same level because of the grade. Mr. Stuart is seeking the variance to allow for privacy for both him and the neighbors. The resident explained that the retaining wall was needed to construct the deck. Chair Rotty questioned whether an 8-foot fence would provide the necessary privacy. Chair Rotty suggested placing lattice around the side of the deck instead of the fence. The Commission, staff and the resident continued discussion on other alternatives to the proposed fence. Chair Rotty asked the resident what the necessary hardship would be. Mr. Stuart replied that the placement of the house and location of the screen door restricted the location of the deck. Rotty requested comments from the Commission. Commissioners agreed that a hardship may be hard to prove in this case, but would be willing to hear the variance if hardships fell under the guidelines of the City Code. Discussion ensued on possible vegetative screening alternatives. The Commission stated that if the resident wanted to follow-up on the variance that it would allow his neighbor the ability to speak at the public hearing to hear their side of the proposal. 6. The Commission and staff discussed the meeting date for the Joint City Council/Planning Commission meeting. Smick indicated that the meeting has been rescheduled to Wednesday, August 30, 2000 at 7:00 P.M. Rotty requested if this date worked for the Commissioners. Commissioner Privette stated that he would not be available on that date. Comrnissioners' Rotty, Larson and Barker stated that they would be able to attend on that date. Smick stated that she would contact Commissioner Johnson on the changed date. There being no further discussion the Commission agreed to adjourn. Respectfully Submitted, Michael Schultz Associate Planner Chairman Rotty ~. . . . Planning Commission Minutes Regular Meeting August 8, 2000 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Barker, Privette Members Absent: Johnson Also Present: Lee Smick, Planning Coordinator, Michael Schultz, Associate Planner 2. Chair Rotty requested comments for the minutes as submitted for June 27,2000 meeting. MOTION by Larson, second by Privette to approve minutes. APIF, MOTION CARRIED. 3. Chair Rotty requested comments for the minutes as submitted for July 11,2000 meeting. Commissioner Larson asked whether discussions concerning the approved 15-foot variance for the length of the cul-de-sacs would need to be revised in the minutes. Planning Coordinator Smick stated that the item on the August 8, 2000 agenda concerning a variance to the maximum cul-de-sac length for Vermillion Grove would override the 15-foot variance and the minutes would not need to be revised. MOTION by Larson, second by Barker to approve minutes. APIF, MOTION CARRIED. Planning Chair Rotty opened all four scheduled public hearings. 4. Planning Chair Rotty introduced the continued public hearing for the Conditional Use Permit application from Colin Garvey to expand the Greenhouse/Landscape business located at 100 5th Street. Schultz updated the Commission indicating that this public hearing is a continuation of the hearing that began on June 27, 2000. Schultz explained that the applicant has not submitted documentation from Canadian Pacific Railroad granting permission for use and crossing of the railroad right-of-way. Additionally, the applicant has not subrnitted an adequate site plan. Finally, the applicant has not completed the parking lot portion of the contingencies stated in an approved Conditional Use Permit granted in May of 1999. Schultz explained that because these items have not been cornpleted, staff recommended that the Planning Commission deny the Conditional Use Permit for the expansion of the Landscape Depot and direct staff to complete a Findings of Fact based on the uncompleted items. MOTION by Larson, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Privette to deny the Conditional Use Permit and direct staff to complete a Findings of Fact. APIF, MOTION CARRIED. 5. Chair Rotty introduced the continued public hearing for the Middle Creek Estates Prelirninary PlatlPUD for DR Horton and Arcon Development. Planning Coordinator Smick stated that at the July 25, 2000 Planning Commission rneeting a number of issues was unresolved requiring a continuation of the public hearing. Smick presented the plat and photos from the site to provide the Commission with a view of the site. Smick stated that the Developer submitted a letter to the City on August 3, 2000 presenting resolutions to all of the pending issues: Smick stated that the ., following revisions were made to the plat. The preliminary plat was renamed to "Middle Creek Estates"; the 128 units outside of the MUSA were removed from the plat and the . area is shown as an outlot, the Parks and Recreation Department has approved Outlot D on the plat; Street J was adjusted to a 34-foot back to back roadway; the Developer will be responsible to notify homeowners along the gasline easement that no structures are allowed within the easement; the Developer will follow all requirements from the Engineering Division; and the Developers and Rottlund Homes will coordinate efforts for the installation of the culvert in the D.N.R. wetland 353W. Smick also presented a letter from Dakota County stating that the plat "does not provide for local street integration with County highways as called for in the Contiguous Plat Ordinance". Smick stated that the County was concerned the plat does not contain a north/south collector street. Smick presented the plat for Vermillion Grove to the north of Middle Creek Estates showing the north/south collector street has met the requirements of the City's 2020 Thoroughfare Plan. Chair Rotty asked for comments from the applicant. Larry Frank, Arcon Development, stated the Park Dedication Fee would be both a combination of land and cash donations for the park. Frank stated that they would save trees along Pilot Knob Road and the northwest area of the plat. Frank proposed to remove the existing cul-de-sac in this location to save the trees. Frank explained that the houses along the gas line easement would be set off the easement by at least 15 feet. Chair Rotty asked the Developer's engineer what was the time frame used in his calculations for 15 inches of rain. The engineer responded that it was a 24-hour time frame. Chair Rotty commended the Developers for their efforts in saving trees on the . property. Chair Rotty asked how the Developer would notify potential homebuyers of the gasline easement. Don Patton, DR Horton, explained that all homebuyers in the development would be given a packet of information disclosing the gas line easement and informing the homebuyer that no structures are allowed within the easement. Chair Rotty expressed to the Developer that they provide the plat in models showing the gasline easement and making it clear to potential homebuyers of the easement situation. Chair Rotty asked for comments from the Commission. Commissioner Larson asked whether the Wilson property would be permanent and the Developer would grade around the property. Larry Frank explained that they would grade around the property and provide a road to the Wilson property and build a driveway for property. Chair Rotty and Commissioner Larson were concerned about the plat and would have preferred a cleaner plat be sent to the City Council. Commissioner Barker asked when the next Dakota County Plat Commission would meet. Planning Coordinator Smick stated that they would meet on the following Monday. Smick stated that staff would attend the meeting showing the north/south collector between Middle Creek Estates and Vermillion Grove. Commissioner Barker asked if the Dakota County Plat Commission could deny the plat for unforeseen circumstances and thereby effecting the Planning Commission's approval ofihe plat. Smick stated that the letter from the Dakota County Plat Commission was a recommendation to reduce traffic on their system and because they do not have jurisdiction of local streets, the decision of the Planning Commission would not be affected. Smick also stated that staff has had a number of coordination meetings concerning access to CSAH 31 and from these meetings, the accesses have been approved. . . . . MOTION by Larson, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Barker to approve the Middle Creek Estates Preliminary Plat. APIF, MOTION CARRIED. 6. Planning Commission Chair Rotty introduced the Conditional Use Permit for a continuation of a non-conforming use at 301 Pine Street. Associate Planner Schultz presented the staff memo to the Commission. Schultz stated that the property is zoned I-I and the Comprehensive Plan shows the lot as commercial. The applicant proposes to sell 10 to 15 cars on lot and possibly 30 if there is adequate room for the cars. Schultz stated that the applicant would clean up the property by painting the interior and exterior of the building. The applicant, David Thurston, acknowledged that he was excited about opening a business in the City. Chair Rotty asked about signage. Schultz stated that the applicant would have to apply for a sign permit. Mr. Thurston stated that he is aware of the sign permit requirements. Chair Rotty asked Mr. Thurston if he understands that the he is not allowed to repair automobiles on the site. Mr. Thurston agreed to that requirement. Commissioner Larson questioned if Mr. Thurston would buy the property. Mr. Thurston answered that it is a 3-year lease with an option to purchase the property. Commissioner Larson requested that the applicant and staff work with Dakota County and the Minnesota Pollution Control Agency because a portion of the property was utilized as the Elm Park dumpsite as well as potential oil spills on the property. Chair Rotty asked if Mr. Thurston would carry flood insurance. Mr. Thruston agreed to that request. MOTION by Larson, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Barker to approve the Conditional Use Permit for the continuation of a non-conforming use within an I-I zone contingent on the following: I) The applicant completes the exterior improvements to the building within 60 days of operation of the proposed use. 2) The applicant submits a landscape plan to the City for any landscape improvements 3) No automobile or motor repair takes place on the site. 4) All existing exterior lighting is in working condition within 30 days of operation of the proposed use. 5) Staff and the applicant work with Dakota County and the Minnesota Pollution Control Agency. 6) The applicant carries flood Insurance. APIF, MOTION CARRIED. 7. Planning Commission Chair Rotty introduced the public hearing to consider a variance to the maximum cul-de-sac length for the Vermillion Grove Preliminary Plat. Planning Coordinator Smick presented the staff memo stating that a separate public hearing was required for this variance which was approved by the Planning Commission at the July 11, 2000 meeting. Smick stated the City Attorney's office required that a public hearing for the variance be held separate from the approved Vermillion Grove Preliminary Plat that was approved by the Planning Commission on July 11, 2000 and by the City Council on July 17, 2000. At the City Council meeting, the approval was contingent upon approval by the Planning Commission of the variance to the maximum cul-de-sac length of 500 feet. . Smick stated that the applicant, Rottlund Homes seeks a variance to the maximum cul-de- sac length of 500 feet by 115 feet. Michael Noonan, Rottlund Hornes stated that he supported the recommendation by staff. Chair Rotty stated that he would support the variance, however the issue of cul-de-sac lengths should be a part of the Zoning Code Update discussions. MOTION by Barker, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Privette, second by Barker to approve the variance to the maximum cul-de-sac length of500 feet by 115 feet. APIF, MOTION CARRIED. 8. Chair Rotty opened the discussion item concerning the consideration of single-family models to be constructed prior to the installation of streets and utilities. Planning Coordinator Smick explained that the City has received a number of requests from developers to receive approval for constructing single-family models prior to street and utility installation in order to show models. Smick explained that City concerns include emergency vehicle access and water access to the site. Smick further stated that the City is reviewing whether paved roadways would be required or Class 5 would be efficient. Commissioner Larson stated that he would not be in support of allowing the models to be constructed before streets and utilities are installed. Commissioner Privette was concerned about the safety issues concerning the lack of utilities and potential muddy roads. Commissioner Barker also agreed with Commissioner Larson and Privette. Chair Rotty asked if this would be a City policy or written into the development contract. Smick stated that staff has not determined where the issue would be located because further discussions with the Planning Cornmission and City Council are required. Smick also stated that the Fire Department would approve Class 5. . Michael Noonan, Rottlund Homes explained that they have made a request to the City to build models before streets and utilities are installed. He further stated that the reason for this request is to get ahead on the construction in the spring. Mr. Noonan understands that no temporary certificate of occupancy would be allowed for a sales office or rnodel until they would meet the requirements of the City such as access and safety if they would change the policy. He proposed that staff review other jurisdictions in the metro area to discover that they allow models before streets and utilities. Commissioner Larson would like to determine the phasing of streets, utilities and other issues for subdivisions. Chair Rotty requested that staff research other jurisdictions. He also acknowledged the Commission's reservations at approving models before streets and utilities and stated that the Commission would not support the proposal at this time. 9. There being no further business the Commission agreed to adjourn. . . Respectfully submitted, . Lee Smick, AICP Planning Coordinator Approved . . . . . Planning Commission Minutes Regular Meeting September 12, 2000 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Barker Members Absent: Privette Also Present: David Olson, Community Development Director; Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner 2. Chair Rotty requested comments for the minutes as submitted for the July 25, 2000 meeting. MOTION by Larson, second by Barker to approve minutes. APIF, MOTION CARRIED. 3. Chair Rotty tabled the August 8, 2000 minutes until the October meeting. Planning Chair Rotty opened all three scheduled public hearings. 4. Chair Rotty introduced the public hearing for Mary Ann Stapf, 709 4th Street, requesting a variance to encroach 2.4 feet into the minimum side yard setback to construct a new attached garage. Associate Planner Schultz presented the staff report. Schultz indicated that to the Commission that this request is common in the old section of town and added that the proposed garage will be situated behind the principal structure to the south. Chair Rotty asked if the applicant had anything to add to the staff report. The applicant stated that everything reported seemed accurate. Rotty requested if there were any questions or comments from the public. There were none. Rotty moved the discussion back to the table and requested questions or comments from the Commission. Chair Rotty stated that he agrees that this request is a common problem that many homeowners have in the original town center that are attempting to improve their homes but are hindered by the limitations of the Zoning Code. Rotty went on to state that similar requests have been approved in the past. Commissioner's Larson, Johnson and Barker agreed. MOTION by Johnson, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson. APIF, MOTION CARRIED. 5. Chair Rotty introduced the public hearing for Minnesota Power Telecom who are seeking a Conditional Use Permit to construct a public utility building within the A-2 (Agriculture Preserve) Zoning District. Associate Planner Schultz presented the staff report. Schultz indicated that the proposed location for the relay station for fiber optic lines would be along Flagstaff Ave, 1,500 feet north of C.S.A.H. 50. Schultz stated that a landscape plan would need to be submitted before the City would release the permit. Planner Schultz also noted that City Fire Marshall Schmoll recommends that the proposed propane tank meet the Minnesota Uniform Fire Code by: a. The 500 gallon propane tank must be kept ten (10) feet off all property lines; b. The tank must be kept ten (10) feet from the building; c. The tank must be surrounded by guide posts to protect it from vehicles; d. A no smoking sign must be posted on or near the tank Chair Rotty asked if the applicant had anything to add to the staff report. Planning Commission Minutes September 12,2000 Ed Proptz, MP Telecom representative, stated that MP Telecom would be willing to abide to everything that was conditioned within the staff report. . Chair Rotty asked what color the building would be. Mr. Proptz responded that it would be an earth tone sand color. Rotty asked if there were any questions or comments from the Commission. Commissioner Barker asked if the MUSA issues the City is currently dealing with effect this CUP application. Community Development Director Olson responded that MUSA is not an issue in this instance because the applicant's are not seeking sewer service. Commissioner Barker asked if the Ag Preserve status and not being able to build on it for eight years effect the application. Olson responded that it doesn't because the applicant's are not seeking MUSA designation to do urban style development. Rotty asked if there were any other comments. There were none. MOTION by Barker, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Barker contingent to the following conditions: a. The applicant work with staff on submitting a landscape plan to properly screen the property from view, including the adjustment of the south fence line to allow the placement of evergreen trees; b. The gravel access driveway be upgraded to a paved access when Flagstaff Ave is improved to a paved roadway; c. The applicant modifies the site plan indicating the new location of the 500-gallon propane tank per the standards of the Minnesota Uniform Fire Code. 6. Planning Chair Rotty introduced the public hearing scheduled for Karol and Mike Bednar who are seeking a Conditional Use Permit to construct a day care facility serving 14 or more persons within an R-l (Low Density) Zoning District. . Planner Schultz presented the staff report. Schultz stated that applicants are seeking a Conditional Use Permit to construct a 7,625 square foot day care facility on the property located northeast comer of Pilot Knob Road and 1901h Street W. Schultz indicated that the applicants are proposing a residential style facility with approximately up to 60 children within their facility and approximately and additional 50 more children in the leased space reserved for Living Springs Community Church's pre-school. Schultz stated that the Shelly Johnson, Bonestroo Engineering, has indicated in his study of the area that the estimated number of trips in and out of the facility would be 500, with half of those traveling north on English Ave and the other half traveling south on English Ave. Chair Rotty asked if there were any additional comments from the applicants. The applicant, Mike Bednar, responded that he does not have any problems with any of the staff contingencies listed within the report. Chairman Rotty asked if there were any questions or comments from the public. Tim Payne, 18821 English Ave., Voiced opposition against the project citing: a. Verbal and written promises by the developer that the area would be residential only; b. Traffic generated by the project would only increase the problem on English Ave during peek hours; c. This use would be counter to the City's 2020 Comprehensive Plan; d. Questions if there is a need for this type of use in this area when vacant commercial spaces exist to the north and future commercial space will be available to the south. . 2 Planning Commission Minutes September 12,2000 . Mr. Payne asked if there would be conditions on the hours of operation for the day care facility. Planner Schultz responded that this was not something discussed with the City Attorney but recommended against establishing conditions on hours of operation for a use such as this, that normally do not run late into the night. Mr. Payne voiced concern of the church operating church services on the weekend. Chair Rotty responded that he had the same question even though that that use is not apart of this public hearing for the CUP. Karol Bednar, the applicant, stated that normal business hours for the day care would be from 6 a.m. to 6 p.m. and that they have indicated to Living Springs Community Church that they were not interested in leasing space for a church use. Mr. Payne asked if there were any plans for a sidewalk along the south side of the property line to meet up with the path along Pilot Knob Road. Planner Schultz responded that there were not any plans to install a sidewalk on that side of 190th Street. Schultz added that there has been some discussion by the Parks & Recreation the possibility of placing a bike path along Akin Road, but was unsure if it were to extend only to 195th Street or 190th Street. Schultz also indicated that there are no existing sidewalks along English Ave. The resident, Mr. Payne, asked what the developer's plan is for the remainder of the undeveloped property. Planner Schultz indicated that the developer has indicated a plan for possible twin homes and a future tot lot on the east side of English Ave. Schultz added that the developer would need to seek a conditional use permit for the construction of twin homes within an R-1 zoning district. . Mr. Payne reminded the Commission that the City Council denied the rezoning of this property from R-1 and added that approval of the application would be against the best interests of the neighborhood. Chairman Rotty clarified that the application is for a Conditional Use Permit and not to rezone the property. Julie Endersbe, 5322 189th Street, Stated that she was informed of the meeting and feels she is missing important information toward the proposed project. The resident then read for the Commission, Minnesota State Statute 462 on zoning. The resident questioned what the results were of a traffic study of English Ave that was completed last year. Voiced opposition against the project pointing to the proposed residential land use indicated in the 2020 Comprehensive Plan. Chair Rotty asked if there were any additional questions from the public. There were none. Chair Rotty questioned the high number of trips projected calculated by Shelly Johnson. Schultz responded that the number of trips are based on the ITE Trip Rates for that use and are not solely based on pick-up and drop-off of the children. Rotty questioned the placement of the boulevard trees on English Ave. Schultz stated that staff would be working directly with the architect so that the trees will not effect the site distances at the entrance to the day care. Community Development Director Olson briefly explained that the City's Zoning Code allows for these public and quasi-public uses within all residential zoning districts because of their compatibility. Olson also explained the requirements of public notification for public hearings. Commissioner Larson asked staff about the results of the traffic study on English Ave. . Community Development Director Olson responded that study reviewed the possibility of adding stop signs or terminating English Ave. Olson stated that he could recall exactly what the study 3 Planning Commission Minutes September 12, 2000 warranted, but would forward a copy to the Commission. Discussion pursued concerning the content of the report. . Mike Becker, 18852 English Ave., Voiced concern about the results of the traffic study feeling they were flawed. Also voiced concern of the even small number of drivers that are exceeding the speed limits on the residential streets and adding more traffic to them with the day care facility. Rotty asked the Commission if they had any additional comments or questions. Commissioner's Barker and Johnson requested to see a copy of the traffic study. Commissioner Larson stated that he supports the proposal of the day care facility in that location. Chairman Rotty briefly explained why he voted against the rezoning of the property last year due to the types of possible uses that could be established. Rotty also expressed that he too supports the location and design of the day care, blending in with the residential though questioning the number of trips generated and requested to see a copy of the study before making a decision. MOTION by Johnson, second by Barker to continue the public hearing. APIF, MOTION CARRIED. 7. The Commission opened for discussion the issuance of building permits in new developments prior to completion of streets and utilities. Community Development Director Olson presented the staff report. Olson explained that this resulted mainly in the request from Centex Homes to be allowed to begin construction of an addition three more buildings after administration allowed for the issuance of one building permit for footings and foundation before sewer and water was available on the property. . Chair Rotty asked why the City has maintained this policy. Olson responded that it easier to manage and that there is a risk in allowing construction of homes to commence before grading and final elevations are complete. Steve Albrecht, Centex Homes, argued that it takes approximately four to five months to construct a townhome and that the City holds contracts and letters of credit in case there are problems. Michael Noonan, Rottlund Homes, stated that the City should allow concurrent development and construction of homes instead of waiting three to four months to complete utility installation and grading. Chair Rotty asked if the purpose of this request is to allow construction of dry models or homes to sell. Mr. Noonan responded that it is both, but mainly to get a 3-month jump on the season to allow occupancy ofthe units. Larry Frank, Arcon Development, concurred with the two previous statements made by the developers, but added that it may be difficult to manage in development such as Autumn Glen with ten to twelve builders. Dan Blake, Centex Homes, stated that the issue should be so much as "occupancy" as much as it should be on housing "starts". Commissioner Larson asked if a trial period is an option. Community Development Director Olson stated that it could be but may be difficult to remove after starting. . 4 . . . Planning Commission Minutes September 12,2000 Discussion continued on the options available to allow for some flexibility to the policy to allow for the construction of a limited number of units but not the entire phase. Chair Rotty suggested that staff continue to research a possible solution in which the Commission would be willing to listen to a modification and could forward to the City Council before it is brought to them on October 2, 2000. Community Development Director Olson stated that he could gather more information and outline some basic elements of a policy to be reviewed by the Commission. The Commissioners were agreeable that staff would continue to research the issue and forward a draft policy on a possible revision. 8. Community Development Director Olson presented for discussion the proposed MUSA expansion criteria and an update on the zoning ordinance update. Olson stated that the suggested postponement of the 2005 MUSA designation was due to the need to update the zoning code while being able to properly review the areas for future MUSA expansion. The Commission and staff continued to discuss the language in the criteria listed for the designation of future MUSA, making suggested changes to the wording. MOTION by Rotty, second by Johnson to forward a consideration to the City Council for the postponement of designating MUSA for 12 months to consider concurrently completing the zoning code update and prioritizing the areas for future MUSA expansion. APIF, MOTION CARRIED. 9. Planning Coordinator Smick informed the Commission of the invitation extended by the Heritage Preservation Commission to discuss the Heritage Landmark Process being held on October 19, 2000. Smick stated that the discussion would focus on starting the process of designating some of the sites. 10. There being no further business the Commission agreed to adjourn. Respectfully submitted, Lee Smick, AICP Planning Coordinator Approved 5 . . . Planning Commission Minutes Regular Meeting October 10,2000 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Barker, Privette Members Absent: None Also Present: David Olson, Community Development Director; Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner 2. Chair Rotty requested comments for the minutes as submitted for the August 8, 2000 meeting. MOTION by Larson, second by Barker to approve minutes. APIF, MOTION CARRIED. 3. Chair Rotty opened the continued public hearing from the September 12, 2000 meeting for the Conditional Use Permit for Mike and Karol Bednar. Planner Schultz presented the staff report. Schultz presented the traffic analysis completed from Friday April28, 2000 to Tuesday May 2, 2000. Schultz also presented a memo from Shelly Johnson, Bonestroo Engineering, recommending against any additional traffic controls on English Ave or closing off of English Ave at 189th Street. Chairman Rotty asked if there were any questions or comments from the public. There were none. Rotty asked if there were any questions or comments from the Commission. Commissioner Larson asked if the applicants were content with the eight contingencies listed by staff. Karol Bednar responded that they did not. Commissioner Barker questioned if the tot lot is still proposed by the developer for this neighborhood. Staff responded that as of the last sketch plan that was submitted that the developer is indicating a tot lot. Community Development Director Olson explained that it would be the City's determination according to the park dedication requirements if a park were needed. Commissioner Barker asked if the additional traffic generated by the day care facility would put children at risk. Chairman Rotty responded that that would be an issue that the Parks & Recreation Commission will need to evaluate at the time of platting. Commissioner Barker asked what would prevent the day care from using the tot lot if constructed. Planner Schultz responded that the day care will have it's own play area, required by the State. Commissioner Barker questioned the safety of English Ave., especially in the winter months. Barker asked if there were any traffic counts for Pilot Knob Road, in the number of trips traveled in the morning and evening. Community Development Director Olson responded that staff did not have any numbers, but that it is assumed that a majority of the traffic travels north in the morning and south in the evening. Commissioner Barker voiced concern over the site distances at the intersection of English Ave and I 87th Street and the landscaped island in that location with the added traffic. Commissioner Larson responded that the intersection has functioned appropriately and doesn't pose any problems with any additional traffic. Larson added that the City and Shelly Johnson would have noted any possible problems. . Chairman Rotty added that we should acknowledge the traffic engineer's analysis in assuming that 50% of the traffic will travel north while the other 50% will travel south and out to Pilot Knob Road. Linda Storlie, 18887 Elgin Ave, questioned if a (right) turn lane will be installed off of 190th Street onto English Ave. Community Development Director Olson responded that the City is in the process of negotiations with the County on the turn back of Akin Road in which certain improvements must be made before the City accepts the road. Commissioner Johnson commented on the traffic study noting the percentage of traffic that travels less than 33 MPH along the road. Johnson also added that of the traffic that will be added, most of the drivers would be parents, who generally drive cautiously. Commissioner Rotty asked if the applicants were aware that the conditional use permit only covered their day care use and not the church's proposed pre-school facility. Karol Bednar responded that she understood. MOTION by Johnson, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Larson to approve the conditional use permit contingent to the following: . a. The property be platted prior to a building permit being issued for the construction of the building; b. The proposed trees along English Ave are planted within the boulevard and to the City standards outlined according to Section 10-6-14 of the City Code; c. An additional luminaire be added near the entrance of the property to provide driveway lighting; d. The applicant submit for staff approval the addition of brick veneer as detailing on the building; e. The applicant indicate the placement of a six (6) foot high dumpster enclosure, contingent on staff approval, along the perimeter of the proposed parking lot; f. The applicant submit for staff approval the placement and variety of plantings around the perimeter of the parking lot; g. The applicant submit a plan that cornplies with the City's standards and requirements for the construction of parking lots; h. The applicant submits landscaping and parking lot sureties in an amount acceptable to the Planning Coordinator and City Engineer. . . e e. VOTING FOR: Rotty, Johnson, Larson, Privette; VOTING AGAINST: Barker. MOTION CARRIED. 4. Schultz presented the staff report concerning a rnulti-tenant signage plan for Barb Ackermann located at the corned of Pilot Knob Rd and C.S.A.H. 50. Schultz stated that the additional signage to be added includes two aluminum signs on the westerly building and one additional cabinet sign on the pylon sign out front of the office building. Chairman Rotty asked if there were any questions or comments from the Commission. There were none. MOTION By Johnson, second by Privette to approve the multi-tenant signage plan. APIF, MOTION CARRIED. 5. Community Development Director Olson informed the Commission that there would be a second meeting in October, mainly for the rezoning of the proposed new elementary school and the proposed adult entertainment ordinance. Olson also informed the Commission that the Hoisington Koegler Group has been selected as the consulting firm to assist in the updating of the Zoning Code. 6. There being no further business the Commission agreed to adjourn at 7:50 P.M. Respectfully submitted, Michael Schultz Associate Planner Approved . . . Planning Commission Minutes Special Meeting October 24, 2000 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Barker, Privette Members Absent: Johnson Also Present: David Olson, Community Development Director; Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner Chairman Rotty opened all scheduled public hearings at this time. 2. Chair Rotty introduced the public hearing for the variance application from Bill Sauber for minimum lot size/lot width and to encroach into the required front and side yard setback within the I-I (Light Industrial) Zoning District. Planner Schultz presented the staff report. Schultz indicated that the applicant is seeking the variance in order to construct a 4,000 square foot comrnercial building on the property which is currently zoned I-I. Schultz indicated that the lot did not meet the 40,000 square foot minimurn lot size and 150 foot lot width for the I-I zoning district; Schultz stated that the lot is only 22,233 square feet and the width is 60 feet wide. Planner Schultz indicated that the applicant is also seeking a setback variance to encroach 40-feet into the 50-foot required front yard setback, encroach II-feet into the east sideyard setback and 21- feet into the west sideyard setback. Schultz stated that the 2020 Comprehensive Land Use Plan indicates Business use for the subject property and the other surrounding properties, adding that staff is assuming that the neighborhood would likely be rezoned to B-2 (General Business), which allows a zero sideyard setback requirement. Chairman Rotty asked if the applicant had anything to add to the staff report. Bill Sauber stated that he is seeking a variance to construct a new commercial building for his plumbing business. He added that he is willing to move the building back to have any off street parking off the City's boulevard. Mr. Sauber added that he is considering adding brick up to the overhand and around the front door. Chairman Rotty asked if there were and questions or comments from the public. There were none at this time. Rotty stated that this seems to be a timing issue because the Comprehensive Plan indicates Business for this area and the area will likely be rezoned next year when the Zoning Code and map are updated. The Commission and staff discussed the possibility of adding brick or some type of decorative design along the office portion of the building. Schultz stated that this is an issue that can be discussed between the applicant and staff due to the cost factors involved. Planning Commission Minutes Special Meeting October 24, 2000 MOTION by Larson, second by Barker to close the public hearing. APIF, MOTION . CARRIED. MOTION by Larson, second by Privette to approve the vanance request for the following: 1. 40- foot encroachment into the front yard setback; 11. 21-foot encroachment into the west sideyard setback; 111. an II-foot encroachment into the east sideyard setback; IV. to allow construction of a commercial building on a lot that does not meet the minimum lot size and width within the 1-1 (Light Industrial) zoning district contingent upon the following conditions: a. The applicant adds off-street parking on the property (off of the City's boulevard); b. The applicant and staff discuss the possibility of adding brick to the front fac;ade of the building; c. The applicant submit a landscape plan at time of building permit application APIF, MOTION CARRIED. 3. Chairman Rotty introduced the variance application for JIT Powder Coating. Planner Schultz presented the staff report. Schultz stated that the applicant is seeking multiple variances due to the proposed 40,000 square foot addition to their existing . building; the first being to exceed the 35% building coverage permitted within the 1-1 (Light Industrial) District, the second being to allow the dock doors to access and face a public street. Schultz stated that the applicant is proposing to exceed the maximum lot coverage by an additional 5% to 40% lot coverage in order to construct the size building needed for a new paint line that requires a certain length for the process. Associate Planner Schultz explained that second variance request is due to the overlay zone in the Industrial Park, specifically Section 10-6-22 (C) 6 of the City Code. Schultz explained that because of the limited depth of the lot, the applicant's architects were limited to the location of the docking doors for the new building. Schultz explained that if the doors were located on the other side of the building there would virtually be no maneuvering room for semi-trucks. The building itself will be setback 65-feet from the property line, allowing enough room for the docking of the trucks. Schultz informed the Commission that JIT already has four docking doors facing Eaton Ave in their existing building. Schultz forwarded to the Commission concerns from one of the industrial park tenants that included concerns over storm water capacity, the driveway width of the docking area and ensuring that the serni-trucks do not protrude into the street. Planning Chair Rotty asked if the applicant had anything to add to the staff report. He did not at this time. . 2 . - . Planning Commission Minutes Special Meeting October 24, 2000 Chairman Rotty asked if there were any questions or comments from the public. There were none. Community Development Director Olson wanted to clarify for the Comrnission that this is the first variance concerning the location of dock doors in relation to public streets due to the overlay zone. Olson stated that other tenants in the Industrial Park have their dock doors facing the street include Valmont Lexington and PIC, but because of the depth of this lot, it makes it difficult for the property owner. Commissioner Larson asked the applicant if the 4- foot reduction of driveway width and the requested additional screening would be an issue. Larry Hoffmeister, representing TIT, stated they would look at removing 4-feet from the driveway width if it is feasible and they have already been discussing additional landscaping between the loading dock locations. MOTION by Barker, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION by Barker, second by Privette to approve the variance to allow the applicant to exceed the maximum lot coverage by 5%, from 35% to 40% and to allow the dock doors on the proposed building addition to face and access directly onto a public street. APIF, MOTION CARRIED. 4. Chairman Rotty introduced the petition from Robert Donnelly, Jr. to rezone property from A-2 (Agriculture Preserve) to R-l (Low Density). Planning Coordinator Smick presented the staff report. Smick reported that the property is located directly west of the Troyhills development and is seeking to rezone the property in order to allow the construction of a future elementary school. Srnick stated that the 2020 Comprehensive Plan identifies this property as Low Density, thus no comprehensive plan amendment is required. Smick went on to explain that the School District had to go through an Eminent Domain process in order to remove the property from Agriculture Preserve status Smick explained to the Commission that the footprint shown on the diagram is only conceptual at this time and is subject to change. Smick went on to explain that the School District and City will need to discuss roads that are currently stubbed out to the property, especially 193rd Street which is shown on the 2020 Thoroughfare Plan as connecting to 1951h Street. Chairman Rotty asked if the applicant had any additional comments to make. Phillip Behrend, A TS&R Architects, representing the School District wanted to clarify that the property owners are willing participants in this process and that he did not anticipate any problems at the EQB. He added that the footprint diagramed on the site plan was only to demonstrate if the site was adequate for a school building. Chairman Ratty reminded the public that the public hearing is for a petition to rezone the property and that the Commission is not currently reviewing the site plan for the project. 3 Planning Commission Minutes Special Meeting October 24, 2000 There were none at this time. Community Development Director Olson explained to the Commission that situations like this might arise until the City updates the Zoning Map to match the land uses shown in the 2020 Comprehensive Plan. . Rotty asked if there were any questions from the Comrnission concerning the rezoning of the property. Rotty added that he would reserve his questions during the site plan review. MOTION by Larson, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Barker, second by Larson, to forward a recommendation to the City Council to approve the petition to rezone the property from A-2 (Agriculture Preserve) to R-l (Low Density), consistent with the City's 2020 Comprehensive Plan. APIF, MOTION CARRIED. 5. Community Development Director Olson discussed with the Cornmission the draft Adult Establishment Ordinance. Olson explained to the Commission that because previous court decisions have determined that because of the First Amendment of the U.S. Constitution which guarantees the right of free speech, cities cannot preclude these type of uses from locating within the a community. Olson went on to explain that cities do have the right to identify what constitutes an adult establishment and where those type of establishments can be located. Olson stated that the area being recommended for these type of uses if the Light Industrial-and future Business Park area along CSAH 31 and CSAH 50 because of it's distance away from schools, churches, parks and other similar uses that are not compatible with this type of use. . The Commission, Community Development Director Olson and the Assistant City Attorney Andrea Poehler discussed why the ordinance is being put in place and some of the language within the ordinance. A question and answer discussion ensued over some of the language and requirements within the draft ordinance. Staff indicated that they would continue to modify the language and return the ordinance in final form during a public hearing at the next regularly scheduled meeting in November. 6. There being no further business the Commission agreed to adjourn. Respectfully submitted, Michael Schultz Associate Planner Approved . 4 . . . ~ Planning Commission Minutes Regular Meeting November 14, 2000 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Barker Members Absent: Privette Also Present: David Olson, Community Development Director; Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner 2. Chair Rotty requested comments for the minutes as submitted for the September 12,2000 meeting. MOTION by Larson, second by Johnson to approve minutes as subrnitted. APIF, MOTION CARRIED. 3. Chair Rotty requested comments for the minutes as submitted for the October 10, 2000 meeting. MOTION by Barker, second by Larson to approve minutes as submitted. APIF, MOTION CARRIED. Chairman Rotty opened both of the scheduled public hearings at this time. 4. Chairman Rotty introduced the public hearing scheduled for the Adult Entertainment Ordinance. Community Development Director Olson presented the staff report. Olson explained that this itern has been before the Comrnission as a discussion item and is required to be held as a public hearing. Olson informed the Commission that the courts have indicated during previous court decisions that cities can restrict adult entertainment uses due to the First Amendment of the U.S. Constitution. Olson stated what is permitted and what the proposed ordinance attempts to do is regulate the location of sexually oriented adult establishments through zoning restrictions. Olson went on to state that cities are allowed to establish through zoning ordinances as to what constitutes an adult establishment and where those types of establishments can locate within a community. Olson presented the Comrnission the suggested area of the Light Industrial and future Business Park areas along CSAH 31 and CSAH 50, because of its distance from existing schools, churches, parks and other similar uses that are not compatible with this type of use. Olson also explained that the establishments must be located 300-feet from any recreational trails. Community Development Director Olson also noted that it was recommended that at least five percent of the City's land permit this type of use. Chair Rotty asked if there were any questions or comments from the public. Howie Hennen, 18854 Emblem Ct.: Voiced concern over the discussion in how covenants with a private property could restrict adult entertainment uses but that the private covenants were not recognizable by the City concerning the Silver Springs issues. Planning Commission Minutes Regular Meeting November 14,2000 Community Development Director Olson responded that the issue with private covenants was in response to a private property owner's question regarding the use of his property and the options that that person when selling the property. . Rotty asked if there were any more questions or comments from the public. There were not. Planning Commission Chair Rotty stated that most of his questions have been resolved since the last meeting in October. Rotty also stated that he supports staff's Findings of Fact. Commissioner Larson asked about the land available and if MUSA was required. Olson stated that he did not find out an answer frorn the previous discussion in October, but indicated that most of the land shown on the attached map is within MUSA currently. Chairman Rotty asked if there were any more questions or comments from the Commission. There were not. MOTION by Johnson, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to adopt the Findings of Fact and the attached resolution and forward it onto the City Council. APIF, MOTION CARRIED. 5. Chairman Rotty presented the Preliminary and Final Plat for Silver Springs 3rd Addition. Planning Coordinator Smick presented the staff report. Smick stated that this plat consists of one lot of 40,000 square feet and three outlots. Smick stated that the purpose of this one lot plat is to complete the requirement for the approved Bednar Conditional Use Permit for the day care facility on the proposed Lot 1, Block 1. . Mike Folken, 18851 Emblem Ct: Voiced concern over the location of the day care on the proposed lot. Mr. Folken: Does the outlots change the R-l zoning? Chairman Rotty replied no. Mr. Folken: Why are the covenants of Silver Springs not recognized for consideration? Community Development Director Olson stated that covenants are private matter than need to be pursued legally. Mr. Folken: Asked about the appeals process and when the CUP is in effect. Community Development Director Olson stated that that is a legal matter that will need to be researched. Discussion between the Commission, staff and Mr. Folken continued over the legality of the covenants and how the "40-year" aspect effects the decision of the Commission. Mr. . . . . Planning Commission Minutes Regular Meeting November 14, 2000 Folken added that he would like to put on the record his intent to appeal the decision of the Commission concerning the Bednar day care Conditional Use Permit. Mr. Folken asked if the decision by the Commission for the platting of the property could be put on hold until the questions he has concerning the appeal process and the covenants are answered. Chairman Rotty responded that is something the Commission will take under consideration when making their decision. Brian Walters, 18930 English Ave.: Asked what the intent of Outlot B was by the developer. Questioned if a portion of the property could be purchased and added to his property for the future addition of a garage. Chairman Rotty stated that Outlot B is likely still intended for a tot lot. Commissioner Larson suggested to the resident to have his property surveyed so he knows exactly how much property he has and then to contact Mr. Giles. Chairman Rotty asked if there were any more questions or comments from the public. There were none. Chairman Rotty asked staff about the appeals process and if it should hold up the platting of the property. Community Development Director Olson explained that the plat could be voted on and not go immediately to the City Council until the questions on the appeals are answered. Olson added that he would doubt if the City or the developer would want to go further with the plat if an appeal is able to filed. Mr. Folken questioned where the appeal is heard and if an extension could be granted to file the appeal. Community Development Director Olson stated that the appeal is heard at the Planning Commission but that the Commission could not grant an extension. Chairman Rotty asked if there were any questions or comments from the Commission. Commissioner Larson asked if there were enough time to hear an appeal, if one can be filed, and approve the preliminary and final plat. Olson stated that a decision has to be made within 120 days of filing, so there would be enough tirne. Commissioner Larson recornmended that the Comrnission table the decision until staff has time to research the legal questions posed Mr. Folken. Commissioner's Johnson and Barker were agreeable to that suggestion. MOTION by Larson, second by Johnson to table the Silver Springs 3rdAddition plat to the December 12, 2000 meeting to allow staff to research the appeal process questions. APIF, MOTION APPROVED. 6. Planning Coordinator Smick introduced for discussion the Zoning Code update and introduced Mark Koegler of the Hoisington, Koegler Group, Inc. who have been hired as consultants to updating the Zoning Code. Planning Commission Minutes Regular Meeting November 14, 2000 Mark Koegler introduced himself and presented the process in which staff and the Commission will be involved to updating the Zoning Code. The Commission, staff and Mr. Koegler began discussion on the items and issues that they would like to see addressed during the updating of the Zoning Code. The Commission was informed that staff would attempt to reserve the second meetings of each month as working meetings strictly for the Zoning Code update. 7. There being no further business the Commission agreed to adjourn. Respectfully submitted, Michael Schultz Associate Planner Approved . . . . . . Planning Commission Minutes Regular Meeting December 12,2000 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Privette Members Absent: Barker Also Present: David Olson, Community Development Director; Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner; Joel Jamnik, City Attorney; Shelly Johnson, Traffic Engineer Bonestroo Rosene Anderlik & Associates Engineering 2. Chair Rotty requested comments for the minutes as submitted for the October 24, 2000 meeting. MOTION by Larson, second by Privette to approve minutes as subrnitted. APIF, MOTION CARRIED. 3. Chair Rotty requested cornments for the minutes as submitted for the November 14, 2000 meeting. MOTION by Johnson, second by Larson to approve minutes as submitted. APIF, MOTION CARRIED. Chairman Rotty opened all ofthe scheduled public hearings at this time. 4. Chairman Rotty opened up the continued public hearing for Silver Springs 3rd Addition. Planning Coordinator Smick presented the staff report. Smick explained to the Commission that appeals need to be filed within 10 days of a decision by the Zoning Board of Adjustment. Smick stated that an appeal would have needed to be filed by October 20,2000. Chair Rotty requested any questions or comments from the public. Mike Folken, 18851 Emblem Ct., Proposed to form a committee inviting the Bednars, the developer Mr. Giles along with the Commission and residents of Silver Springs. David Olson, Community Development Director, explained that the City could not legally require that the Bednars or Mr. Giles participate in such a committee. Mike Folken, Posed the question if the Cornmission was willing to form such a Committee. Chairman Rotty responded that it was already explained that the Planning Commission doesn't have the authority to require a committee be formed. City Attorney Jamnik supported the statement by adding that informal meetings could be conducted between the applicant and the residents and the Commission has limited authority in doing so. Mr. Folken questioned the 30-day appeal process. Joel Jamnik stated that that appeal process is given for decisions made by the Planning Official. Jamnik cited Section 2-4-3 of the City Code by which the Planning Comrnission is guided for a 10-day appeal period. Discussion pursued between the resident and the Commission concerning the history of the property and the process of which the applicant received conditional use permit approval. Planning Commission Minutes . Regular Meeting December 12, 2000 Discussion continued over questions Mr. Folken had over permitted and conditional uses in various zoning categories concerning the number of children within day care facilities. . Mr. Folken voiced concern for the lack of street lighting at the intersection of 190th Street and English Ave, also for the lack of turn lanes off of 190th Street unto English Ave. Mr. Folken also voiced concern over the future location of the driveway for the day care facility and the lack of sidewalks for pedestrian use. Mr. Folken also proposed speed humps along English Ave. Howard Hennen, 18854 Emblem Ct., Stated that the neighborhood was against any commercial development there (last year) and are still against it. Also voiced concern over the amount of projected traffic on English Ave. Shelly Johnson, Traffic Engineer, Responded to the concerns of the resident by reviewing and commenting on issues #4,5,6,8 and 10 in a memo dated December 6, 2000 addressing issues relating to the day care facility, projected traffic, street lighting, turning lanes, speed humps and the capacity of English Ave. Chair Rotty requested any questions or comments from the Commission. Commissioner Johnson asked about the turn back status of Akin Road. Jamnik stated that the City and County are still in discussion. Commissioner Larson stated only to clarify that the previous public hearing was for a conditional use and not a rezone of the property. MOTION by Johnson, second by Larson to close the public hearing. APIF, MOTION CARRIED. . Chairman Rotty commented that the day care facility was a reasonable use of this property but added that the issues of turning lanes and street lighting should be reviewed by the CounciL MOTION by Johnson, second by Larson to approve the Preliminary and Final Plat for Silver Springs 3rd Addition and forward it onto the City Council contingent upon the engineering memo dated November 8, 2000. APIF, MOTION CARRIED. Planner Smick requested if itern "c" could be rnoved ahead for the purpose of the number of residents in attendance. 5. Chairman Rotty presented the Riverbend schematic Planned Unit Development. Planning Coordinator Smick presented the staff report on the details of the proposed residential project. Smick stated that the developer is seeking R-2 PUD to allow for 168 single-family homes at 3.8 units per acre and 94 to 201 multi-family units at 3.9 to 8.4 units per acre. Smick added that the developer would be completing an EA W (Environmental Assessment Worksheet) for the project to examine what environmental impacts are possible. Chair Rotty asked if the developer had any additional comments to add to the staff report. . . Planning Commission Minutes Regular Meeting December 12, 2000 Steve Juetten, Newland Communities, discussed the process of amending the FEMA flood zone, preserving some of the on-site wetlands and the need to create large ponding areas to raise the site to allow for a variety of housing styles. Mr. Juetten also discussed the location of the park and open space. Mr. Juetten discussed the proposal of multi-family housing proposed in the north half of the development and requested that they and the City work on what type of product would be possible. Juetten identified the need to address traffic issues within the EA W. Chairman Rotty asked why the developer was proposing multi-family within the project. Mr. Juetten responded they are attempting to implement life cycle housing based on the City's Comprehensive Plan in the form of duplex, quad and maybe 6-unit buildings. The slab on grade type product is typically multi-family. Mr. Juetten added that he suspected this type of product could be attractive for "empty nesters". Chairman Rotty requested questions and comments from the public. Chris Siegler, 18348 Echo Dr.: Voiced concern about the possible amount of traffic that will be generated from the project. Questioned what existing streets can accommodate the projected traffic. Shelly Johnson responded that the City's Thoroughfare Plan identifies a collector road to go north/south (within the proposed project) that will feed into the future east/west roadway (within Lakeville). . Mr. Siegler questioned how the traffic would be accommodated until that east/west roadway will be constructed. Also questioned who would develop the multi-family or even why rnulti- family needs to be proposed at all. Mr. Juetten responded that Newland Communities is not a builder but would be selling the property to a prospective builder/developer. Patrick Hansen, 5037 Upper 182nd Street W., Voiced concern over the amount of traffic to be generated by the proposed development, the proposal of multi-family housing and the absence of sidewalks within the Dakota County Estates neighborhood. Asked if sidewalks could be installed in the neighborhood. Chairman Rotty replied that the Commission could not require the developer to install sidewalks in the existing development. Community Development Director Olson added that if a majority of the homeowners petitioned the City they could possibly instaU a sidewalk. Mark Grzybowski, 18120 Echo Drive, Presented a video that he produced from a 1998 rain event that flooded his rear yard. Questioned if the development would rnake matters worse during storm events. Chairman Rotty asked the developer if they had completed storm water drainage calculations. . Steve Juetten replied that they have not complete final designs, but it is rnandated by State regulations that storm water must be contained on site and not permitted to drain onto other Planning Commission Minutes Regular Meeting December 12,2000 property. Discussed turned to the process in which to amend the FEMA Flood Maps for this area. . Gary Clouta, 18210 Echo Drive, Presented a letter from his realtor concerning the sale of property to the east and having rights of first refusal. Also voiced concerned about the amount of traffic to be generated, the possible traffic patterns on local streets and placement of stop signs. The resident voiced concerned about the lot sizes and the alignment of lots with the existing lots in Dakota County Estates. Also, the resident voiced concern with the proposed muIci-family. William Prins, 5038 Upper 182nd Street, Voiced concern over amount of traffic to be generated by the proposed development and is also against the proposed multi-family. David Joyce, 18218 Echo Drive, Voiced opposition against proposed multi-family portion of the development. Concerned with traffic patterns created by existing medians and stoplights on Pilot Knob Road. Also, will the grading and raising of the property effect those properties abutting the developrnent. Asked if other agencies will review the proposed development. Lee Smick responded that the MN DNR as well as other agencies have the opportunity to review the proposed development. Brent Sjoquist, 18282 Echo Drive, Questioned the nurnber of trips generated from the developrnent, believing it will be more then projected. Ben VanBlarcom, 18360 Echo Drive, Presented a previous diagram proposal showing the entire development as single-family residential. Proposed removing the multi-family and replacing it with single-family to which would result in fewer lots and less traffic. . Chair Rotty asked the developer why the addition of multi-family from single-family. Mr. Juetten responded that he would defer that question to staff. David Olson, Community Development Director, responded that staff, in their review, suggested that because of life cycle housing needs in the city, staff suggested different housing styles to rneet sorne of those needs. Chair Rotty suggested that because of the amount of public testimony that the item. be tabled to the next scheduled meeting. Chair Rotty requested if the Comrnission could see the single-family proposal. Commissioner Larson requested if larger lots could be created around the wetlands to serve as better buffer. Commissioner Privette asked what would happen ifFEMA rejected the flood plain study. The developer responded that it's possible that they would be back at square one. The Commission asked the developer if it were possible to see the entire plat as single-family. Commissioner Johnson voiced concern over the sixty-foot lot widths and problems seen in the older portion of town and the need for variances. MOTION by Johnson, second by Privette to table the Riverbend Schematic PUD to the January 9, 2001 meeting to allow the developer time to make the necessary requested revisions. APIF, MOTION APPROVED. . . . . 6. Planning Commission Minutes Regular Meeting December 12, 2000 Chairman Rotty moved back to item "b" on the agenda, a variance permit to exceed maximum lot coverage within R-2 PUD. Associate Planner Schultz presented the staff report. Schultz explained that it was staff s interpretation that because it was apart of a planned unit development that the Code would allow an additional ten percent in coverage. Schultz furthered explained that because of the significantly smaller lots due to the cul-de-sac, the property owners do not have the additional lot area the other lots within the plat have. Rotty asked if the applicant had any additional comrnents to add to the staff report. He did not. Rotty asked if there were any questions or comments from the public. There were not. The Commission commented that there appeared to be reasonable hardship relating to the property, but added that no additional structures should be permitted. MOTION by Privette, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to approve the variance to allow an additional coverage up to 36.8% on Lot 13, Block I and up to 36.4% for Lot 14, Block I; both within the Gil's Addition. APIF, MOTION CARRIED. 7. Chair Rotty introduced the public hearing for the application to rezone property from R-l (Low Density) residential to R-2 (Medium Density) and R-3 (High Density) residential. Associate Planner Schultz presented the staff report. Schultz stated that the applicant, Jirn Allen, is seeking to rezone the property in accordance to the City's 2020 Comprehensive Plan; though there are some minor quirks in the current Zoning Code compared to the Comprehensive Plan comparing housing densities and titles to the current appropriate zoning. Schultz explained that the current permitted densities were suggested to conform to the densities identified within the Cornprehensive Plan. Schultz added that the proposed zoning does not conflict with the City's current postponement of designating 2005 MUSA. Schultz added that the applicant is aware that the zoning could change with the updating of the City's Zoning Code. Chair Rotty asked if the applicant had anything to add to the staff report. Jirn Allen, 4818 McCall Dr., Savage, MN, stated that this application is more of a "house keeping" item to conform the zoning map to the City's Cornprehensive Plan. The applicant added that he is seeking the rezoning now, instead of waiting, is because of the difficulties associate with the property, identifying the large gas line easements, the need for a flood plain study and wetland delineation. Rotty asked if there were any questions or comments from the public. Lyle Ehlers, 912 Westwood Ct., asked if there were any drawings to what type of uses were proposed on the property. Rotty responded that there wasn't and that this was only to rezone the property to another residential zoning district. Associate Planner Schultz presented the resident a copy of the permitted and conditional uses under the proposed zoning districts. Planning Commission Minutes Regular Meeting December 12, 2000 Chair Rotty asked if there were any questions or comments from the Commission. The Commission wanted to stress to the applicant the possibility that the zoning could change . with the updating of the Zoning Code. MOTION by Privette, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Privette to forward 'a positive recornmendation to the City Council to rezone the property frorn R-l (Low Density) to R-2 (Medium Density) residential and R-3 (High Density) residential. APIF, MOTION CARRIED. 8. Chairman Rotty presented the last scheduled public hearing, Tamarack 2nd Addition Final Plat. Associate Planner Schultz presented the staff report. Schultz informed the Commissioner that the developer or his engineer could not be contacted before the meeting but copies of the report were sent to both of their offices. Schultz stated that the plat is the second phase of the single-family portion of the development and consists of 45 single-family lots on approximately 14.13 acres and is located to the south and east ofthe existing first phase. Because there were no residents within the audience, Chair Rotty directed discussion back to the table frorn the Commission. Commissioner Larson asked staff if the developer had an excuse for not being able to attend. Schultz stated that he had spoke with the developer the previous week and was aware of the meeting at that time. Chair Rotty asked if the Commission was more comfortable continuing the meeting due to the developer's absence but added that because it is the second phase and that most, if not all, of . the major engineering issues have been addressed as part of the initial phase, that he would not have a problem forwarding it on to the City Council. The Commission was agreeable to the notion. MOTION by Larson, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Privette to approve the final plat of Tamarack Ridge 2nd Addition and forward it to the City Council. APIF, MOTION CARRIED. 7. There being no further business the Commission agreed to adjourn. Respectfully submitted, Michael Schultz Associate Planner Approved . . . . Planning Commission Minutes Regular Meeting January 9, 2001 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Privette, Barker Members Absent: None Also Present: David Olson, Community Development Director; Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner; Dave Sanocki, City Engineer 2. Chairman Rotty recognized that the December 12,2000 minutes will be tabled until the January 23, 2001 meeting. Chairman Rotty opened all ofthe scheduled public hearings at this time. 3. Chairman Rotty opened up the continued public hearing for Riverbend schematic Planned Unit Development. Planning Coordinator Smick presented the staff report. Smick demonstrated the revised schematic plan noting that the developer has eliminated the proposed multi-family housing with single-family lots. Smick stated that the developer has reduced the overall number of units by as much as 96 units. Planner Smick stated that the City's traffic engineer has recalculated the number of trips generated from the project adding that the EA W will include further traffic analysis. Planner Smick pointed out to the Commission and residents that the developer still needs to complete an EAW and that approval of the schematic PUD does not approve the EAW. Chairman Rotty asked if the developer had anything to add to the staff report. Steve Juetten, Newland Development! Astra Genstar Partnership, added that they have also revised the size of the lots, demonstrating a range of lot sizes from 6,000 to 15,000, with the larger lots abutting the ponds and wetlands. Mr. Juetten added that they need approval of the PUD to form a basis for the EA W study. Planning Chair Rotty requested public comment or questions on the proposed schematic PUD. Gary Clouta, 18210 Echo Dr., Voiced concern over multiple back yard neighbors and requested that the lot lines align. Steve Juetten responded that the lot lines don't match up because they widened the comer lots to allow more room for landscaping at the entries but if the Commission requested they can change that. Chair Rotty stated that at Preliminary Plat a majority of the lot lines would match up. Mr. Juetten agreed. Brian Vie, 5104 Upper 183rd Street, voiced concern over the amount of traffic that will be produced and safety at his wife's daycare. Inquired about the timing of alternate outlets. Community Development Director Olson stated that the property to the south will have available outlets but the timing for the outlet to the north is unknown at this time. Pat Hansen, 5037 Upper 183rd Street W., inquired if Lakeville is willing to allow a temporary road to allow for access to the property. Planning Coordinator Smick stated that they have not inquired with Lakeville about access possibilities but the EA W should address traffic within the report. Planning Commission Minutes Regular Meeting January 9, 2001 Bill Prins, 5038 Upper 18200 Street W., Questioned who would be responsible for the repair of the . streets when heavy equipment is brought in. Community Development Director Olson stated that there are weight restrictions placed on local roads and other precautions are taken. Mr. Prins asked if the developer is able to change (the PUD) and add multi-family housing. Chair Rotty responded that the Commission and staff would review the plat to assure that it would not be reinserted. Mr. Prins asked what traffic controls would be added to control traffic. Chair Rotty responded that the EA W would review the traffic aspects of the development. Mr. Prins questioned what provisions are being made for pedestrians in the existing neighborhood. Community Development Director Olson responded that the developer is suggesting sidewalks and trails within the proposed development, but the City can't force the developer to construct sidewalks within the existing neighborhoods. Mr. Prins questioned who would be financially responsible for the infrastructure upgrades. City Engineer Dave Sanocki responded that the developer would be responsible for the cost of the upgrades, no assessments would be conducted to the existing neighborhood. Discussion ensued over future notification of the platting of the property. Chairman Rotty asked if there were any additional public comment. There were none. Chairman Rotty requested questions or comments from the Commission. Commissioner Larson stated that he approves of the larger lots and requested the developer to align . the lots along the Dakota County Estates border. Commissioner Johnson stated he would vote in favor of the schematic PUD but would request further analysis of additional ingress/egress routes into the development. MOTION by Privette, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Barker to forward a recommendation of approval to the City Council for the Riverbend PUD, rezoning the property from R-l to R-3 PUD. APIF, MOTION CARRIED. 4. Chairman Rotty presented the Charleswood 5th Addition Preliminary and Final Plat. Associate Planner Schultz presented the staff report. Schultz explained that the developer is seeking Preliminary and Final plat approval for only the 200th Street right-of-way; noting that future development both north and south of the roadway will consist of townhomes. Schultz informed that the developer was required to construct a temporary construction/emergency road access during the Preliminary Plat approval of the Charleswood 3rd Addition; because the developer is close to closing with a builder on the property, the roadway would be fully constructed. Schultz stated that the City's traffic consultant is requesting a perpendicular 200-foot "stacking" distance off of Pilot Knob Road to allow better sight distance and stacking going east to west. Chairman Rotty asked if the developer had any additional comments to the staff report. . Steve Juetten, Newland Development, stated that he would prefer to hold off on any additional comments until they had a chance to meet with staff to discuss the 200- foot stacking distance. . . . Planning Commission Minutes Regular Meeting January 9,2001 Chairman Rotty requested any public comment or questions concerning this plat. MOTION by Privette, second by Johnson to continue the public hearing for the Charleswood 5th Addition Preliminary and Final Plat to the January 23, 2001 meeting. APIF, MOTION APPROVED. 5. Chairman Rotty introduced for discussion the Final Plat for Vermillion Grove. Planning Coordinator Smick presented the staff report. Smick stated that the plat consists of 49 single-family lots, 60 villa townhome units, 16 garden units and 41 garden townhome units; the overall density would be 4.7 units per acre. Planner Smick reported On the options available for sanitary sewer to serve the property, explaining that City Engineer Sanocki is available to explain those options in more detail. City Engineer Sanocki explained to the Commission the three sanitary sewer options available that City staff has reviewed. Chair Rotty asked if the developer had anything to add to the staff report. Michael Noonan, Rottlund Development, stated that the plan before them is consistent with the POO. Mr. Noonan added that the sanitary sewer issues have been long reviewed by both his company and DR Horton to the south to the options available. Noonan stated that there were actually two additional options reviewed but were later discounted. Mr. Noonan stressed his concerns involving the options requiring deep sanitary lines or running adjacent to the wetland and voiced his preference for a lift station and how that option is ultimately beneficial to the community. Chairman Rotty questioned if the preferred sanitary line is a gravity feed. Engineer Sanocki responded that gravity feed is preferable. Rotty added that it may be beneficial to table the plat at this time in order to allow the Commission additional time to study the different options available and what impacts they may have. Rotty pointed out that tabling this could impact the decision for the Middle Creek plat. Michael Noonan responded that he would be in favor of the Commission taking an additional two weeks to become comfortable with the sanitary sewer options. Noonan added that the sanitary sewer issues involving the Vermillion Grove plat should not effect the decision of the Middle Creek plat assuring the ability to connect no matter which option is decided on. Discussion ensued over the operation of lift stations and how many are currently in operation within the city. Staff agreed to forward additional information to the Commission regarding the operation of lift stations and how many are operating within the Icitt1 I. W lA.Vf I MOTION by Johnson, second by Privette. tAPIF, MOTION CARRIED. 6. Chair Rotty introduced for discussion the Final Plat for Middle Creek. Planning Coordinator Smick presented the staffreport for the Middle Creek Final Plat. Smick stated that the plat consists of 87 single-family lots and eleven outlots. Smick stated that staff does have concerns with this plat in relation to the sanitary sewer connection. Planning Commission Minutes Regular Meeting January 9,2001 Chairman Rotty asked if the developers had any additional comments to add to the staff report. . Larry Frank, Arcon Development, stated that he is in agreement with most of the staff report, but does have issues with the relation of the sanitary sewer line within Vermillion Grove. Mr. Frank requested clarification from Mr. Sanocki if the sewer options would effect the first addition of the Middle Creek plat. Mr. Sanocki concurred that the decision on the sanitary sewer line within Vermillion Grove would not effect the first addition, only future additions to the east. Chair Rotty asked if there were any comments or questions from the public at this time. There were none. Rotty asked if there were any questions or comments from the Commission at this time. There were none. MOTION by Larson, second by Privette to forward to the City Council a recommendation of approval for the Middle Creek Final Plat. APIF, MOTION CARRIED. 7. Chairman Rotty introduced for discussion the Middle Creek 2nd Addition Final Plat Planning Coordinator Smick presented the staff report. Smick stated that the plat consists of 66 townhome units within one 8.76 acre block, access to the these townhomes would be provided from the construction of206th Street W. off of Pilot Knob Road. Chair Rotty requested any developer comments at this time. Don Patton, DR Horton, concluded with the staff report and is willing to make any necessary . changes if needed. Chairman Rotty requested any questions or comments from the Commission. There were none at this time. Chair Rotty questioned if Lots 39 and 56 if the buildings were touching. Don Patton responded that the building themselves are separated, but the lots only are touching. Smick added that there is approximately a twenty to twenty-five foot separation between the two buildings. MOTION by Johnson, second by Barker to forward to the City Council a recommendation of approval for the Middle Creek Second Addition Final Plat contingent upon the following: 1. The landscape plan be revised excluding the Bur Oak; 11. Additional landscaping be added along the westerly side of the private cul-de-sac along CSAH 31. APIF, MOTION CARRIED. 8. Planning Commission Chair Rotty introduced for discussion the Charleswood 4th Addition Final Plat. Associate Planner Schultz presented the staff report. Schultz stated that the plat consists of 98 single-family lots and is consistent with the Preliminary Plat that was approved by the Commission on March 14,2000. . . . . Planning Commission Minutes Regular Meeting January 9,2001 Schultz indicated that city staff and the developer have come to a resolution to have Lot 14, Block 1 serve a road access to serve the Nordseth property to the west until the property is served by the extension of200th Street W. Chairman Rotty asked if the developer had any additional comments. Steve Juetten, Newland Development concurred with the staff report and is willing to make any necessary changes. Community Development Director Olson added that the language of the agreement concerning the street connection would allow the City and developer to vacate that street access to construct a home on the subject lot once the Nordseth property has adequate street access. Chairman Rotty requested any questions or comments from the Commission. There were none. MOTION by Barker, second by Johnson to forward to the City Council a recommendation of approval for the Charleswood Fourth Addition Final Plat contingent upon the following: 1. The developer submit an easement agreement acceptable to the City to provide street and utility access to the Nordseth property across Lot 14, Block 1; 11. Amend the Landscape plan substituting the Sugar Maples with another species accepted in Title 10-6-14 (G); 111. Correct the street name from 203rd Street W. to 200th Street W.; IV. Engineering review and approval of final construction plans; v. Execution of the Development Contract. APIF, MOTION CARRIED. 9. Planning Chair Rotty introduced for discussion the Tamarack Ridge 3rd Addition Final Plat. Associate Planner Schultz presented the staff report. Schultz indicated that the plat consists of 64 townhome units within seven buildings on approximately 6.8 acres. Schultz indicated that engineering is requesting that the ponding areas be outloted and dedicated to the city, which is consistent with the City's storm water ponding policy. Chairman Rotty inquired the attendance of the developer. Schultz informed the Commission that the developer was unable to attend and the developer's engineer was sick. Rotty indicated that even though it is the preference of the Commission that the developer attend the meeting, that he did not have a strong issue against forwarding it because it is the last plat within the development. Rotty requested if the Commission had any questions or comments at this time. There were none. MOTION by Larson, second by Johnson to forward to the City Council a recommendation of approval for the Tamarack Ridge 3rd Addition contingent upon the following: 1. The developer revise the final plat prior to being forwarded to the City Council dedicating the outlot containing the storm water ponding; 11. Engineering review and approval of final construction plans; 111. Execution of the Development Contract. APIF, MOTION CARRIED. 10. Rotty introduced for discussion the item concemmg a policy amendment to the 2005 MUSA Postponement. Planning Commission Minutes Regular Meeting January 9,2001 Community Development Director Olson presented the staff report. Olson indicated that several . issues have arisen that staff did not anticipate concerning the designation of the 2005 MUSA. Olson stated that city staff is recommending to consider the following to include as additional exemptions: 1. Properties in the City or adjacent to the City that have failing or wish to discontinue use of Individual Sewage Treatment Systems and have access to City sewer service. (i.e. Benham property and properties along Ash Street) 11. Properties that are adjacent to City sewer service for which there mayor may not be developed and have a deferred assessment for a public improvement project that includes sanitary sewer (i.e. Vacant lots along 213h Street, Marcel property) lll. Other similar situations that may arise that have not been contemplated. Planning Chair requested any questions or comments from the Commission. The Commission agreed that the additional exceptions be made to allow them to connect to city sewer. Commissioner Privette questioned if this would set precedence. Olson responded that it should not set precedence for anybody seeking large amounts of MUSA. MOTION by Larson, second by Privette to forward a recommendation of approval to include the additional exceptions in reference to the designation of the 2005 MUSA. APIF, MOTION CARRIED. 11. Chairman Rotty recognized Colin Garvey for citizen comment. Colin Garvey inquired the Commission opinion of possibly creating an ingress/egress off of Main Street by razing a garage to access his proposed expansion to the Landscape Depot. Chair Rotty informed Mr. Garvey that the Commission couldn't give him an answer at this time concerning his proposal. . Mr. Garvey also voiced his frustration over being denied to expand his business and the violation notices that he's received. Staff explained that Mr. Garvey received the notices after he began storing commercial products on the site after the Commission denied his conditional use permit. Smick informed the Commission that Mr. Garvey does have options with allowing the proposed use of the property, including possibly rezoning the property. Community Development Director Olson informed Mr. Garvey that there was no in-between and any proposed changes would require a public hearing. Commission Chair Rotty recommended that city staff work with Mr. Garvey on the options available to him to expand the Landscape Deport and bring it back to the Commission at a later date. Discussion ensued concerning the City denying Mr. Garvey expansion of his business within the Industrial Park. Community Development Director Olson explained that the City denied Mr. Garvey to expand his building because truck repair was not a permitted use within the Industrial zoning district. 12. There being no further business the Commission agreed to adjourn. Respectfully submitted, Michael Schultz Associate Planner Approved .