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HomeMy WebLinkAbout2001 . . . Planning Commission Minutes Special Meeting January 23, 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 2. Chainnan Rotty called the meeting to order at 7:00 P.M. 3. Rotty requested comments on the December 12,2000 Commission minutes. There were none. MOTION by Larson, second by Johnson. YES: Rotty, Privette, Larson, Johnson; NO: None; ABSTAIN: Barker. MOTION CARRIED. Chairman Rotty opened all ofthe scheduled public hearings at this time. 4. Chairman Rotty introduced the continued public hearing for the Charleswood 5th Addition plat. Rotty noted that both the developer and staff recommended tabling the public hearing until the February 13, 2001 meeting. Planner Schultz explained that several~~'ti1.t needed to be addressed, mainly the recommended 200-foot straight road section for 200th Street and the easement width for the sanitary sewer line. The ? Commission noted the request. Rotty requested any questions or comments fr~ \'0 ",'v.....d- . Commission. There were none. MOTION by Johnson, second by Larson. APIF, MOTION CARRIED. Community Development Director Olson informed the Commission that the developer would likely be adding the townhome units to the plat, and scaling the request back to approval of the Preliminary Plat. Chair Rotty questioned if the City would re-notify the surrounding property owners. Olson responded in the affirmative. 5. Chairman Rotty introduced the conditional use application to construct public buildings within an R-l (Low Density) zoning district. Associate Planner Schultz presented the staff report. Schultz stated that the City of Farmington is seeking conditional use permit approval to construct both a 14,890 square foot Police Station and a 41,363 square foot Central Maintenance Facility on the 20 acre site located in the southeast corner of Pilot Knob Road and 195th Street. Schultz stated that both projects were slated to begin this spring and be completed by summer 2002. Chairman Rotty introduced John McNamara, Wold Architects, to discuss more details of the project. Mr. McNamara went into detail of the preliminary building materials for both of the proposed structures. Chairman Rotty questioned the elevation of the buildings. Mr. McNamara indicated that the siting of the Central Maintenance Facility will have a six-foot high berm along the east and south side of the building, the elevation of the building will be set approximately at the same height as the road. The Police Station will remain at the elevation of what is Planning Commission Minutes Special Meeting January 23,2001 existing on site. Mr. McNamara indicated that the site will be balanced with the fill on site, there are no plans to import fill material. . Chair Rotty asked if the site would have adequate storm water retention. Mr. McNamara responded that the proposed pond on the west side of the site will handle the storm water drainage for most of the campus, the runoff near the Central Maintenance Facility would drain into the storm system within the Vermillion Grove development. Mr. McNamara added that the calculations considered future impervious surface on the site. Rotty questioned any of the buildings encroach onto the gas line easement. Mr. McNamara responded that the buildings do not encroach into the easement but the private drive will cross perpendicularly to the easement and run parallel to it. McNamara added that the City is seeking approval from Enron to construct a portion of the parking lot over the easement. The Commission and Mr. McNamara discussed the proposed screening of the site from the future residential development adjacent to the property on the east. The Commission and Mr. McNamara discussed the exterior lighting scheme for the site. Mr. McNamara explained that the private drive likely would not be lit, but that there would be enough spill from the parking lot and wall lighting on the buildings to light the roadway. Commissioner Larson expressed concern over safety of the roadway during nighttime hours in the winter. Mr. McNamara stated that they would take that into consideration. Chairman Rotty asked if the Commission had any additional questions or comments. There were none at this time. . MOTION by Larson, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to approve the Conditional Use Permit to allow construction of public buildings within the R-l zoning district contingent on the following: 1. Additional landscaping be added around the perimeter and parking lot islands of both buildings in accordance to Section 10-6-14 (E) 7. Also indicate areas to be seeded or sodded and/or plantings of native vegetation; 11. Exterior Lighting Plan be submitted and approved by Planning Staff; iii. Grading, Drainage and Utility Plan be approved by the City Engineering Division. APIF, MOTION CARRIED. 6. Chairman Rotty introduced the variance application for the front yard setback of the proposed city Police Station. Associate Planner Schultz presented the staff report. Schultz indicated that the City is seeking a variance in order to allow a ten-foot encroachment into the fifty-foot front yard setback along 19Sth Street. Schultz stated that the variance is required due to the restraint of the gas line easement that prohibits moving the building further south. Schultz added that the main portion of the building meets the setback requirement and that the variance is only for a wing that "bumps" out from the building. . . . . Planning Commission Minutes Special Meeting January 23,2001 Rotty asked if there were any questions or comments from the public. There were none at this time. Rotty asked if there were any questions from the Commission at this time. There were none. Chair Rotty asked if the encroachment would effect the future roadway and right-of-way needs for 195th Street. Schultz stated that the existing right-of-way adjacent to this site is 55 feet on center and the County's standard right-of-way for a four-lane undivided highway is 120 feet. MOTION by Privette, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Barker, second by Johnson to approve the variance to encroach ten feet into the fifty-foot front yard setback along a minor arterial (195th Street). APIF, MOTION CARRIED. 7. Chairman Rotty introduced the continued discussion for the Vermillion Grove Final Plat. Planning Coordinator Smick presented the staff report. Smick pointed out to the Commission that the Director of Public Works/City Engineer's memo was attached addressing the options that were reviewed and the reasons behind the staff's recommendation to the lift station. Smick briefed the Commission and the public of the details of the proposed development and the contents of Mr. Mann's memo. Chairman Rotty requested any questions or comments from the Commission. Commissioner Larson stated that the lift station option was the only one that made sense but questioned the operation of the back-up generators. City Engineer Mann responded that there were different options, one having a non-portable generator with an automatic start during the loss of power or having a portable generator that would be started manually. Discussion ensued over the two different options and what the response time was for the portable generator. Commissioner Johnson asked about the lift station design and the lowest point compared to surrounding basements. City Engineer Mann responded that the lift station would be designed so the top hatch of the lift station was lower than the neighboring basements. Chairman Rotty asked City Engineer Mann to explain the difference between the existing lift stations within the city and the type that is being proposed. Mr. Mann explained the difference of the two for the benefit of the Commission and public. Commissioner Privette asked if there is a formula for the number of households that can be served by a lift station. Mr. Mann replied that design process would involve calculating the number of households to be served plus the future City facilities and those numbers would be applied to the size of pumps and equipment needed to accommodate those flows. Chairman Rotty asked what portion of the Vermillion Grove development would the lift station serve. Mr. Mann responded that it would serve approximately 400 units within the development plus the public facilities and any expansion of those facilities. Planning Commission Minutes Special Meeting January 23, 2001 City Administrator Erar presented additional information to the Commission concerning the City's response time to on-call staff when a loss of power occurs to start generators. Discussion pursued between the Commission and staff concerning the operation of the lift station, how often problems arise and the options that were researched. . Chair Rotty asked Michael Noonan, Rottlund Homes, about the sidewalks and trails within the development. Noonan gave a brief description of where the sidewalk and trail system is planned. Rotty asked if there were any additional questions for the final plat of Vermillion Grove. There were none. MOTION by Johnson, second by Privette to forward to the City Council a recommendation of approval, utilizing option #3 (the installation and use of the lift station to service the area), for the Vermillion Grove Final Plat. APIF, MOTION CARRIED. 8. Chairman Rotty asked if there were any additional items from staff. Planning Coordinator Smick presented the new wetland buffer signs that will be installed by developers on every other lot comer that is adjacent to a wetland area. Smick also informed the Commission that the City's consultants, Hoisington Koegler Group, inc., would be present at the next Planning Commission meeting to give an update of the Zoning Code. 9. 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 February 13,2001 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 2. Chairman Rotty called the meeting to order at 7:00 P.M. 3. Rotty requested comments on the January 9,2001 Planning Commission minutes. There were none. MOTION by Larson, second by Barker. APIF, MOTION CARRIED. 4. Chairman Rotty presented the letter from Newland Development requesting the withdrawal of the Charleswood 5th Addition Preliminary and Final Plat application. Associate Planner Schultz informed the Commission that an issue has arose involving remnant parcels of land that were not apart of the original Charleswood PUD and that the developer has made application for the necessary rezoning of the property along with a new application for just Preliminary Plat approval of the 5th Addition. Chairman Rotty asked if there were any questions from the Commission. There were none. MOTION by Barker, second by Privette to accept the request from the developer to withdraw the Preliminary and Final Plat application for the Charleswood 5th Addition. APIF, MOTION CARRIED. 5. Planning Coordinator Smick introduced Mark Koegler, from Hoisington Koegler Group, inc. to present a Zoning Code update. Mark Koegler presented the Commission with a proposed format demonstrating the possible direction of the layout of the revised Zoning Code. Mr. Koegler presented to the Commission which chapters the consultants plan to focus on when going through the update. The Commission and Mr. Koegler discussed details of the proposed format. The Commission and Mr. Koegler continued with a question and answer dialog concerning possible future details to be addressed during the revision of the zoning code language. Mr. Koegler stated that they are attempting to simplify the Code to allow it to be resident friendly. Chair Rotty asked if there were any additional questions or comments from the Commission. There were none at this time. Planning Coordinator Smick informed the Commission that the consultants are scheduled to return on the first meeting in March in which discussion will be given toward greater detail of the language and layout. 6. There being no further business the Commission agreed to adjourn at this time. Respectfully submitted, . Michael Schultz Associate Planner Approved . . . Planning Commission Minutes Special Meeting February 26, 2001 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. Chairman Rotty called the meeting to order at 7:00 P.M. 3. Planning Coordinator Smick informed the Commission that an election of officers is necessary at this time as required by the by-laws. Smick requested a motion to nominate Commission Chairman. MOTION by Larson, second by Johnson to nominate Dirk Rotty as Chairman. YES: Johnson, Barker, Larson; NO: None; ABSTAIN: Rotty; ABSENT: Privette; MOTION CARRIED. Smick requested a motion to nominate Commission Vice-Chairman. MOTION by Barker, second by Johnson to nominate Todd Larson at Commission Vice-Chairman. YES: Barker, Rotty, Johnson; NO: None; ABSTAIN: Larson; ABSENT: Privette; MOTION CARRIED. 4. Rotty requested comments on the January 23,2001 Planning Commission meeting minutes. There were none. MOTION by Johnson, second by Barker. APIF, MOTION CARRIED. . 5. Rotty requested comments on the February 13, 2001 Planning Commission meeting minutes. There were none. MOTION by Barker, second by Johnson. APIF, MOTION CARRIED. 6. Planning Chair Rotty introduced the public hearing for the proposed rezoning from R-l to R-3 PUD and amending the Charleswood PUD to include this property; the applicant is Newland Communities. Associate Planner Schultz presented the staff report. Schultz explained that the property is a remnant property do to the realignment of Pilot Knob Road that was severed from the property owners located on the east side of the highway. Schultz explained that the property has remained R-l with the surrounding developments gaining R-3 PUD zoning. Schultz stated that the proposed rezoning would not require an amendment to the Comprehensive Plan because the proposed land use conforms to the 2020 Comprehensive Plan. Chairman Rotty requested if the applicant had any additional comments to add to the staff report. The applicant stated that they concur with the staff report. Chairman Rotty requested any questions or comments from the Commission. The Commission agreed that the proposed rezone would "clean-up" the zoning map and that an amendment to the Charleswood PUD made sense. MOTION by Larson, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to forward a recommendation of approval to the City Council to rezone the subject property from R-l (Low Density) to R-3 PUD and also amending the Charleswood Planned Unit Development to include this area. APIF, MOTION CARRIED. . 7. Planning Chair Rotty introduced the scheduled public hearing for the Charleswood 5th Addition Preliminary Plat. Planning Commission Minutes Special Meeting February 26, 2001 Associate Planner Schultz presented the staff report. Schultz described the proposed 96- unit townhome development sitting on 21 acres of land. Schultz stated that staff is requesting additional off-street parking stalls, even though each unit will contain a two stall garage with additional parking within the driveway. Planner Schultz stated that the developer is exceeding the wetland buffer requirements in relation to the wetlands located both to the north and south side of the project. Schultz also explained that staff is also requesting that the developer add additional landscaping along the private drives and around the wetlands and common areas to replace some of the trees that are being lost. . Chair Rotty requested any additional comments from the applicant. Steve Juetten, Newland Development, stated that they are looking at adding additional landscaping at the entrance to the development and between the townhomes and single-family portion and along the (mitigated) wetland to the south. Mr. Juetten stated that they are willing to add some additional off-street parking within the private drive areas (pointing to appropriate areas where they may be placed). Mr. Juetten did request clarification from engineering staff concerning the additional requested easements needed for utilities. Commissioner Larson asked if there were any issues with the needed turn lanes off of Pilot Knob Road. Mr. Juetten replied that they have discussed the issue with staff and understand they are required. Chairman Rotty commented to staff concerning the platting of private drives and remaining consistent and if that could be incorporated into the new zoning code. Community Development Director Olson concurred and added that staff will be discussing the issue with the consultants. . Planning Chair Rotty asked the developer if there would be any lose of trees, especially any vegetation around the wetlands. Mr. Juetten replied that there would be some significant tree loss on the south side but that there would not be any vegetation removed around the buffer area. Chairman Rotty commented that tree replacement should be addressed within the scope of the new zoning ordinance. Mr. Juetten requested clarification from Mr. Mann concerning the requested easements and if they are for the sanitary trunk line or if they are for the private utilities. Planner Schultz clarified that the requested additional easement is for the sanitary trunk line. Chairman Rotty asked if there were any questions or comments from the public. There were none. Rotty asked for any questions or comments from the Commission. Commissioner Larson asked what type of additional landscaping is being considered at the entrance. Mr. Juetten stated that it would likely be a combination of both trees and shrubs with additional landscaping around each of the buildings. Commissioner Larson commented that he would prefer to have a trail on the south side and a sidewalk on the north side of 200th Street. Larson also commented on the accesibility of garbage pick-up within the private drives. Mr. Juetten stated that each of the private drives would have a turnaround large enough to accommodate a fire truck. Mr. Juetten stated that a trail on the south side of 200th Street would be difficult without encroaching into the wetland and with the single- family lots being "cramped" on the south side a trail along that side could be difficult. . . i. ii. 111. IV. . V. VI. Planning Commission Minutes Special Meeting February 26,2001 Commissioner Barker commented that he would request to see the additional landscaping within the fmallandscaping plan when the final plat is submitted. Commissioner Johnson questioned the right-of-way need for Pilot Knob Road and later construction of a bike trail. Mr. Juetten replied that the additional 15 feet of ROW is already shown and has been arranged with the County. Chairman Rotty asked about the style and cost of the proposed townhomes. Dan Blake, Centex Homes, stated that this product would be different from the current product that they are currently constructing in town in that it would be geared for empty nesters or young professionals; finished prices will range from $160,000 to $200,000. Chair Rotty asked if the developer was in agreement with the staffs contingencies as stated within the report, with clarification needed for the easements. Mr. Juetten responded that he was in agreement. MOTION by Johnson, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to approve the preliminary plat contingent upon the following: Identify the required easement for the existing sanitary trunk line located south of 200th Street West; Continued coordination with City Staff and Dakota County on the implementation ofturn lanes at the intersection of CSAH 31 (Pilot Knob Road) and 200th/203rd Streets; Additional off-street parking stalls be added along the private drive roadways, not to include any additional tree removal; Additional landscaping be considered within the common lot area and/or the wetland area to the south; Make the necessary correction concerning Common Lot 17, Block 1; Any requested changes made by the Engineering Division, pursuant to clarification from the City Engineer concerning comments made for additional easements as stated within the review memo. APIF, MOTION CARRIED. 8. Chairman Rotty introduced from discussion the Middle Creek 2nd Addition Final Plat amendment for DR Horton and Arcon Development. Planning Coordinator Smick presented the staff report. Smick stated that the developers are seeking to amend the plat in order to conform to the standards of a Common Interest Community (CIC) development. Smick stated that the plat would be modified to identify single lots in which the footprint of the building would be located instead of individual lots for each unit. Smick stated that this involves ownership issues between the developer and buyer and association. Planner Smick stated that the staff is requesting a labeling change identifying the outlot as a platted lot. Commissioner Johnson asked what the advantage is with platting it as a CIC. Mike Sewell, DR Horton Homes, explained that there was a mix-up between the developer and the engineers when platting the property; but the CIC would allow the association to control the party walls and the buyer to control the space. MOTION by Barker, second by to Johnson to forward a recommendation of approval to the City Council amending the Middle Creek 2nd Addition Final Plat contingent upon the following: . APIF, MOTION CARRIED. i. Revision to Outlot A and execution of a Development Contract. Planning Commission Minutes Special Meeting February 26,2001 9. Planner Smick presented to the Commission information concerning the proposed function, process and schedule for the 2005 MUSA Review Committee. Smick stated that the City Council recently accepted the format at their February 20, 2001 meeting and requested the Planning Commission review the Executive Summary and offer any suggestions to the proposed process. . Smick went into detail of the committee membership, 2005 MUSA Expansion criteria and methodology for assigning weights to the criteria, methodology for revisions to the 2005 MUSA expansion criteria, methodology for revisions to the property owners list and scheduling. The Planning Commission and staff discussed the information provided and requested clarification on some of the criteria in which to weight the subject properties. Planner Smick then went into detail the properties that have applied for the 2005 MUSA expansion. The Commission and staff entered into discussion with some of the properties involved. The Commission questioned the issue of how the weights are assigned and if there were any standards that could address personal differences in assigning weights. Smick replied there were none at this time. Commissioner Larson questioned why the entire Commission and Boards aren't involved. Community Development Director Olson replied that is becomes a logistics concern in attempting to coordinate with every board member to meet. Chair Rotty suggested that the Commission hold a workshop to address questions, concerns and any issues dealing with the MUSA review in order that they can be taken to the 2005 MUSA Committee. The Commission was in agreement with that suggestion. . 10. 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 March 13, 2001 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Barker Members Absent: Privette Also Present: Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner 2. Chairman Rotty called the meeting to order at 7:00 P.M. 3. Planning Chair Rotty introduced the public hearing for a Conditional Use/Home Occupation permit for Tim Thirion who is proposing a gunsmith and sale of fIrearms operation. Associate Planner Schultz presented the staff report. Schultz explained that applicant is proposing to operate a gunsmithing business and to deal fIrearms out of his home. Schultz explained that the applicant would be concentrating on the gunsmithing portion of the business but is also proposing to do background checks for sale of fIrearms in mail order catalogs. Planner Schultz explained that the applicant would need permission from the Bureau of Alcohol, Tobacco and Firearms but is dependant on local approval. Also the applicant has taken safety precautions in having a home security system installed and will be ordering gun safes, no ammunition of fIrearms will be stored on-site. Schultz indicated that the activity, as noted within home occupations ordinance, would involve the distribution of goods with the sale of fIrearms. Chairman Rotty asked if the applicant would be required to file for a variance for the distribution of goods. Schultz stated that the City Attorney has recommended that a variance should be required and that the Commission could split the two proposed uses if necessary. Schultz added that the Commission could add contingencies to the variance at the time of the hearing. Chairman Rotty requested if the applicant had any additional comments to add to the staff report. The applicant stated that they concur with the staff report. Tim Thirion approached the Commission. The applicant stated that he would be willing to establish a delivery system with clients, minimizing trafftc and the number of fIrearms within the home. The applicant stated that gunsmithing would be the primary business. The applicant added that delivery of the fIrearms would meet ATF requirements and then would be locked within a gun safe. Chairman Rotty requested any public questions or comments. Jamie Woodis, 18085 Empire Trail: Presented a petition against the proposed home occupation. The resident stated concern of traffic generated in the residential area for the 21 children in the neighborhood. The resident added that it was the opinion of a home realtor that the use could have an impact on home values if business signs are present. The use should be located within a business zone and not a residential neighborhood. Planning Commission Minutes Regular Meeting March 13, 2001 Dennis Kline, 18050 Empire Trail: Expressed concerned over the generation of . additional traffic in a neighborhood. with no sidewalks. The resident added that it is required to disclose that information of the existence of firearms dealer in the neighborhood and could result in a reduction of value between $10 to $15,000. Added that ample retail space is available for this business. Joe Bellotti, 18030 Empire Trail: Asked the applicant if a plaque needs to be displayed on the house identifying that he is an FLL dealer. The applicant responded that it only needs to be displayed somewhere within the home, the license itself needs to be displayed by the workbench area. Angela Kline, 18050 Empire Trail: Stated that they talked with several real estate attorneys that the existence of that business needs to be disclosed and that she herself would not want to live in that neighborhood with a gunsmith and dealer present. Kimberlee Simonis, 18135 Empire Trail: Stated that she didn't receive notification of the public hearing. Chairman Rotty explained that State Statute requires 350 feet for notification. The resident stated that this proposal would effect more than (those people notified), especially the increase in traffic and the recent concern in the violence in schools. Karla Tripp, 18025 Empire Trail: Expressed concern over the existing amount of traffic and any additional traffic generated. Chairman Rotty asked if there were any more public testimony at this time. There were none. Rotty requested questions and comments from the Commission. . Commissioner Larson asked the applicant if it is true that the anticipated sale would be one gun per week. Mr. Thirion responded that it would one to two customers per week, and that it is side business to his full time job and does not plan to advertise or inflate this into a large business; business would be spread word of mouth. The applicant added that he would attempt to keep traffic to a minimum and would advise customers to enter off 180th Street since he lives on a comer lot. Mr. Thirion added that he has adopted a policy not to sell firearms to anybody under the age of 18. Commissioner Larson asked if one gun per week is realistic. Mr. Thirion responded that he would have 6 or 7 customers to order but has a number of requests to repair guns. Commissioner Larson asked if he is presently conducting this business. Mr. Thirion replied no. Commissioner Johnson requested if the concern of the residents is this proposed business or any home occupation in general. The residents responded that it was this business. Dialog continued between the Commissioner and the residents to receive a better understanding of their concerns. Commissioner Johnson and the applicant discussed the licensing process with the ATF and the process of ordering firearms. Commissioner Johnson voiced concern over the firearms being brought in and out of the neighborhood when being ordered. Commissioner Barker asked the applicant the type of chemicals used when gunsmithing. Mr. Thirion responded that chemicals are used when blueing or parkerizing process, a spray-on coating is placed on the barrel and baked-on (with a home oven). The acid is . . Planning Commission Minutes Regular Meeting March 13, 2001 minimized to a 50-50 mix and is used as a acid dip and cleaning solvent and then goes into a blueing tank which is heated over a propane heater at 500 degrees with the blueing solutions and salts to blue the barrels. Commissioner Barker asked the residents if they had concern over the gunsmithing or dealer of firearms aspect of the business or both. The residents essentially responded that it was both. Commissioner Johnson added that there is some irrelevance if it were the applicant or just a neighbor were to own (numerous) guns within a home with ammunition but did voice concern over the use of chemicals within the home. Commissioner Larson responded that the concern of the residents lies within the disclosure of the home occupation and effects of home value. Commissioner Johnson agreed. Chairman Rotty stated that there appears to be a great concern among the neighbors due to turnout for a home occupation permit and that it is one of "filters" used in gauging the impact on the neighborhood. Rotty added the request of the applicant does not entirely meet the requirements of the home occupation ordinance, specifically the distribution of goods, along with the public testimony, would recommend denial of the home occupation permit. . The Commission agreed to the recommendation and the reasons stated adding the concern of the use of chemicals. MOTION by Barker, second by Johnson to close the public hearing. MOTION by Johnson, second by Barker to deny the application for a conditional use/home occupation permit. APIF, MOTION CARRIED. Associate Planner Schultz reminded the Commission, applicant and residents that there is a process of appeal, indicating the number of days in which it would need to be filed. 4. Chairman Rotty introduced for discussion concerning the 2005 MUSA Review Committee. Planning Coordinator Smick presented an update to the Commission of the 2005 MUSA Review Committee process. Planner Smick requested the availability to schedule a workshop. The Commission agreed to schedule a discussion/workshop at the special Planning Commission meeting on March 27th. 5. There being no further business the Commission agreed to adjourn at this time. Respectfully submitted, Michael Schultz Associate Planner Approved . . Planning Commission Minutes Special Meeting March 27, 2001 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. Chairman Rotty called the meeting to order at 7:00 P.M. Chairman Rotty indicated there were no scheduled public hearings. Community Development Director Olson indicated that there is an added agenda item under the discussion dealing with the Findings of Fact involving the Tim Thirion Home Occupation application. The Commission agreed to add this agenda item. 3. Commission Chair Rotty requested any comments for the February 26, 2001 Planning Commission minutes. There were none. MOTION by Johnson, second by Barker. APIF, MOTION CARRIED. 4. Planning Coordinator Smick presented the City's consultants for the Zoning Code Update, Hoisington Koegler Group, Inc. . Loren Gordon, Hoisington Koegler Group presented to the Commission for discussion the proposed new zoning districts and uses. Mr. Gordon began discussion on the agricultural zoning districts, suggesting consolidating the two agricultural zoning categories into one. Mr. Gordon added that the minimum lot size for the agriculture areas be increased to a minimum lot size of 40 acres for single-family in order to protect the area within the urban reserve. Mr. Gordon went on to suggest that the C-l Conservation district be withdrawn and replaced by protective ordinances such as wetland, floodplain and steep slope ordinances that would protect environmentally sensitive areas. Mr. Gordon continued by explaining the proposal for four new zoning districts; the 'Downtown Transition', 'Downtown Residential', 'Business Park' and 'Industrial Park'. The consultant went on to explain that there were some consolidations and new and redefined uses within the use chart, the most notable being the breakdown of restaurants into four different classes. The Commission, staff and consultant reviewed both the residential and commercial and industrial land use charts making proposals to either add, remove or continue to review both current and proposed uses. . Discussion continued with several Commissioner questions posed on particular uses that were not identified in the use chart or of uses that may be under another category. The Commission and consultant agreed to review the uses and revise the chart for the next meeting. Planning Commission Minutes Special Meeting March 27,2001 The Commission agreed to continue the discussion on the zoning land use chart at the . next scheduled meeting with the consultant after discussed changes are made. 5. Chairman Rotty introduced for discussion three annexation petitions. Community Development Director Olson presented a brief staff report informing the Commission of three petitions for annexation which included 60 acres of the Michael and Eileen Devney property in Section 32, Empire Township; the Lawrence Rother property which consists of 60 acres in Section 32 in Empire Township and 60 acres of the Bernard Murphy property located in Section 19, Empire Township. Olson explained that if the parcels are approved for annexation by the City Council, the property owners would need to seek a Comprehensive Plan amendment and Zoning change if they wish to seek MUSA designation for 2005. Olson added that the Planning Commission is not required to make a recommendation on annexations. 6. Chairman Rotty introduced the 2005 MUSA Review Committee discussion. Planning Coordinator Smick gave a brief presentation on the staff memo discussing the Planning Commission's workshop on the parcels that are seeking 2005 MUSA expansion. The Commission and staff briefly discussed the parcels just identified for annexation in relation to the rest of the city and the existing MUSA boundary. The Commission began discussion on each criteria item that that will be used to score the properties during the MUSA review in case there were any questions during the . Commissions review of the information before scheduling the workshop. 7. Commission Chair Rotty introduced the Findings of Pact and summarized the fmdings for the audience. Rotty asked if there were any questions or comments from the Commission concerning these Findings. There were none. MOTION by Barker, second by Johnson to accept the Findings of Fact as submitted by staff. APIF, MOTION CARRIED. 8. Chairman Rotty asked if there was any addition business. Community Development Director Olson stated that the County has rescheduled their presentation to a date to be determined. The Commission and staff discussed dates for the MUSA workshop. It was agreed that the week of April 16th would be tentatively scheduled for the workshop. 9. 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 April 10, 2001 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; Jim Bell, Parks & Recreation Director 2. Chairman Rotty called the meeting to order at 7:00 P.M. 3. Rotty requested comments on the March 13,2001 Planning Commission minutes. There were none. MOTION by Larson, second by Johnson. APIF, MOTION CARRIED. Commission Chair Rotty opened all the scheduled public hearings at this time. 4. Chairman Rotty introduced the application to amend the 2020 Comprehensive Plan from Restricted Development to Low Density Residential and to rezone the property from C-l (Conservation) to R-l (Low Density Residential) for the applicant David Finnegan. Planning Coordinator Lee Smick presented the staff report. Smick stated that the property is comprised of 88.5 acres and currently used for agriculture. Smick reported that the 2020 Comprehensive Plan addressed the area as the "Farmington Community Green" connecting the north and south sections of the City while providing sensitive design of residential uses and opportunities for recreational uses. Planner Smick pointed out that other elements within the Comprehensive Plan should be researched and amended if the Commission feels the property meets the requirements of the Comprehensive Plan and as well as the property owner agrees to a sensitive design on the site that pertains to the requirements of Policy #5 in the Comprehensive Plan. Chairman Rotty asked if the applicant had anything to add to the staff report. Reid Hanson, attorney for the applicant, stated that they were in accord with the staff report and feels that the property fits within the City's Comprehensive Plan and also would meet the criteria established for MUSA expansion. Chairman Rotty inquired if the other two public hearings scheduled for the meeting could be taken simultaneously because all three properties are relatively in the same area and there were a number of residents from the Riverside neighborhood. Associate Planner Schultz presented the staff report involving the application from Bernard Murphy to amend the 2020 Comprehensive Plan from Restricted Development to Low Density Residential and rezone the property from C-l (Conservation) and A-I (Agriculture) to R-l (Low Density Residential) on approximately 182 acres. Schultz stated that this property, along with the previous property heard, was identified as being apart of the "Farmington Community Green" concept and reiterated the vision of Planning Commission Minutes Regular Meeting April 10, 2001 the comprehensive plan and indicated the City's plan for a sensitively designed . development. Rotty requested if the applicant had anything to add to the staff report at this time. The applicant did not at this time. Associate Planner Schultz presented the staff report involving the application from Molly Murphy seeking to amend the 2020 Comprehensive Plan from Restricted Development to Low Density Residential and to rezone the property from A-I (Agriculture) to R-l (Low Density Residential) on approximately 15.36 acres. Schultz again stated that this property, along with the two previously described properties, were identified as being apart of the described central gathering place and reiterated the vision of the comprehensive plan that the land develop with a sensitive environmental design along with what was identified in Policy #5 with the Comprehensive Plan. Rotty requested if the applicant had anything to add to the report. The applicant did not have any additional comments to make at this time. Rotty requested if there were any questions or comments from the public. Diane House, 4347 207th Street W., asked how long the property was zoned conservation. Planning Coordinator Smick responded that staff researched the property back to 1969 as . indicated on previous zoning maps. Mrs. House asked if staff views wetlands the same as flood plain and if the changes that would occur with development if it would change the national flood maps. Smick responded that wetlands are not viewed the same as floodplains. Community Development Director Olson added that a developer is required to conduct a more thorough investigation of the flood area and process it as a letter of map amendment with FEMA. Mrs. House asked if other developments have occurred within any of these areas. Jim Bell responded that the Riverside and Whispering River Townhome developments were once thought to be in a flood plain. Dan Olstad, 4345 206tb Street, shared on an observation that he has made during the course of the last couple years with the creek rising and falling during the year but recently has sustained a steady flow since the completion of the Pilot Knob Road project, and inquired if that may be observed before development were to occur. Bill Peterson, 20375 Akin Road, stated that getting rid of the C-l zoning district would make it easier for developers to get around. Chairman Rotty responded that the C-l would allow for restricted development at one unit per 80,000 square feet and would not be conducive to sewer and water connections and maybe would have to rely on septic systems. . 2 . Planning Commission Minutes Regular Meeting April 10, 2001 Discussion pursued concerning how the subject properties could eventually be served by sewer and water. Discussion followed involving concerns of the watershed district problems that have occurred in other surrounding communities. Director Olson responded that the city is apart of the Vermillion River watershed district, now controlled by Dakota County, and that the city along with the county evaluates all storm water retention plans. Olson added that development must retain storm water on site and control it at the same or slower flow than was occurring. Mr. Peterson asked if the city would wait until the County had taken over control of the Vermillion River Watershed Management Organization. Director Olson stated that the city has adopted the VRWMO plan and is continuing to follow it and added that the city reviews all development plans for approval. Brian Herzfeld, 20218 Akin Road, stated that he along with most of his neighbors are against the development of what they consider the last large tract of environmental land. The resident added that there are concerns about additional traffic onto Akin Road as well as environmental concerns. The resident presented the Commission a letter from area neighbors. Todd Arey, 20651 Devonshire Ave., asked what type of "environmentally designed" features would be included as part of residential development. . Community Development Director Olson responded that the Autumn Glen design be a good example of what could be done involving large retention ponds and developing around environmentally sensitive areas or possibly something similar to East Farmington and the Prairie Waterway that relieved the high water tables in the area. Smick added that the chain of lakes concept is something that is evolving through recent developments and still being reviewed by staff. Discussion continued concerning if these plans have worked involving high ground water. Director Olson responded that he is not aware of any water table problems in either of the mentioned developments. Joe Acosta 4255 206th Street, stated that he supports the comments made by his neighbors concerning the rezoning and concerns of flood plain and high water tables. Chairman Rotty requested if there were any more public comments or questions. There were none at this time. Rotty asked if there were any questions or comments from the Commission. Commissioner Larson requested to view a flood plain map (concerning the Middle Creek area). Staff presented the zoning map with the identified flood zones and also the City's Wetland Classification map. Larson asked approximately how much of the Murphy property is developable. . Planner Smick presented a map demonstrating both the identified wetlands and flood plain boundary. Smick responded that there were small areas within the Bernard Murphy property that were undevelopable and that there were more portions on the Molly 3 Planning Commission Minutes Regular Meeting April 10, 2001 Murphy property that are considered undevelopable due to wetlands and flood plain. Discussion pursued describing the process in which developers must follow in amending the flood plain and what has occurred in recent developments that have been studied. . Commissioner Privette questioned amending the Comprehensive Plan this soon after approval and if there is criteria established for processing a comprehensive plan amendment and at what point does the city amend the 2020 Plan. Chairman Rotty commented that because the properties as a whole make up 285 acres that this would qualify as a significant change to the Comprehensive Plan and that he would recommend additional evaluation to be conducted. Discussion occurred between the Commission and staff concerning the designation of MUSA and how that process relates to the comprehensive plan amend and rezone. Commissioner Privette voiced concerns over traffic generated from the property and how that would affect 19Sth Street and Akin Road. Smick clarified that the application is to amend to the Comprehensive Plan and rezone and not for MUSA designation. Commissioner Larson questioned if the Commission has the ability to determine if all, a portion or none of the areas be rezoned. Director Olson responded that the Commission and Council do have the discretion to downsize the application. Commissioner Johnson stated that he believes in the right of property owners to developing their property but that it was the Commissions job to evaluate how that development may affect services, especially concerned are effects on transportation. . Commissioner Barker stated that he was in agreement with the concerns of the other Commissioners and added that how does this affect the central park idea and if there were any concerns of the Park Commission concerning ball field needs. Parks & Recreation Director responded that the Parks Commission did view the Finnegan property as being a potential site for a recreation complex, but is comfortable with other alternative locations. Chairman Rotty summarized the concerns of the Commission involving the proposed amendments and rezone of the subject parcels and recommended to the Commission to continue the meeting to allow staff to present the additional information requested by the Commission. The Commission and staff clarified the information that is being requested for the next meeting. MOTION by Johnson, second by Privette to continue the public hearing to the May 8,2001 meeting. APIF, MOTION CARRIED. 5. There being no further business the Commission agreed to adjourn at this time. Respectfully submitted, Michael Schultz Associate Planner Approved . 4 . Planning Commission Minutes Special Meeting April 24, 2001 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 Chairman Rotty opened all scheduled public hearings at this time. 2. Chairman Rotty introduced the variance application from Brian & Sue Miller, 19962 Akin Road to exceed maximum floor area. Associate Planner Schultz presented the staff report. Schultz indicated that the applicant's property is prohibitive in constructing any additional accessory storage structures as permitted under the Zoning Code in that the property slopes from the back of the house to the rear property line, measuring approximately a 10 foot fall. Schultz stated that staff feels the applicant meets the hardship and intentions of a variance permit. Schultz presented the Commission copies of photos of the property submitted by the applicant. . Rotty asked if the applicants had any additional comments to add to the staff report. They had none at this time. Chairman Rotty asked if there were any questions or comments from the public. There were none. Rotty requested any questions or comments from the Commission at this time. Chairman Rotty asked if the Commission had set any prior precedence to exceeding the maximum garage size. Schultz responded that the Commission has previously, on occasion, granted variances to exceed the 1,000 square feet. Rotty inquired that the Commission and staff examine the possibility of reviewing the City Zoning Code to increase the maximum floor area for garages. Staff acknowledged continuing review of this item during the zoning code update. MOTION by Privette, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to approve the variance to exceed the maximum floor area by 140 square feet. APIF, MOTION CARRIED. 3. Chair Rotty introduced the public hearing for Panlund Properties for a variance to encroach 33 feet into the front yard setback with a pylon sign and approval of a multi- tenant signage plan. . Associate Planner Schultz presented the staff report. Schultz stated that the Sign Ordinance requires a fifty (50) foot setback from the front property line. Schultz indicated that the applicant's property contains a fifteen (IS) foot right-of-way easement for Pilot Knob Road in which the applicant must derive all measurements from. Schultz Planning Commission Minutes Special Meeting Apri124,2001 reported that the proposed sign location would be slightly back from the existing Super . America sign but in front of the Budget Mart pylon sign. Schultz stated that the applicant is also proposing a total of 108 square feet of wall signage on the building, three back lit illuminated signs are proposed on the front face of the building facing Pilot Knob Road and two back lit illuminated signs on the back facing English Ave. Chairman Rotty requested if the applicant had any additional comments. Lori Ecklund replied that she did not. Chairman Rotty asked if there were any questions or comments from the public. There were none. Commissioner Privette asked what approvals Super America needed for their pylon sign. Schultz explained that at the time it was determined that the zoning district was R-I POD and the minimum setbacks were only twenty (20) feet from the property line. Schultz also stated that additional right-of-way was assumed as part of the Pilot Knob Road project, explaining that the Super America sign is closer to the road than what the proposed pylon sign will be. Commissioner Larson asked how the proposed sign would appear to the Super America sign. Schultz pointed out the photograph and diagram in the report that attempted to visualize the location, stating that the proposed pylon sign will be further back than the . gas station sign. The Commission and staff discussed the existing sign ordinance and the minimum setbacks for pylon signs. The Commission questioned if pylon signs were practical for the Pilot Knob Road corridor. Lori Ecklund replied that with the current (50 foot) setbacks and the topography (the businesses are lower than the road), a pylon sign is the best way for identification. Planner Schultz indicated to the Commission that the sign ordinance would likely be under review during the zoning code update. MOTION by Johnson, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to approve the thirty-three (33) foot variance to encroach into the required fifty (50) foot front yard setback. APIF, MOTION CARRIED. MOTION by Johnson, second by Privette to approve the multi- tenant signage plan for the Panlund Property building. APIF, MOTION CARRIED. 4. Planning Chair Rotty introduced the Charleswood 5th Addition Final Plat. Associate Planner Schultz presented the staff report. Schultz indicated that the applicant, Newland Communities, is seeking Final Plat approval for 96 townhome units on 21 acres ofland located east of the existing single-family lots in additions I through 4. Planner Schultz indicated that all of the previous issues have been addressed from the Preliminary Plat approval except the need for continued coordination with the County . . Planning Commission Minutes Special Meeting Apri124,200l and Arcon/DR Horton developers concerning the needed turn lanes for the 200th/203rd Street intersection. Schultz explained that the developer has provided additional off-street parking along the private drive areas, each unit could accommodate up to four off-street stalls including the two stall garages. Chairman Rotty asked if the developer had any comments to add to the staff report. Steve Juetten responded that he did not at this time. Chairman Rotty asked if there were any questions or comments from the public. There were none. Rotty requested questions and comments from the Commission. Commissioner Larson asked what the spacing was between the housing units. Mr. Juetten responded that it was roughly 20 to 30 from building to building, possibly smaller 10 some areas. Chairman Rotty commented about the significant amount of tree loss from the development and the need for the City to adopt a tree preservation plan. Rotty also commented that the Charleswood development has been a quality neighborhood. . MOTION by Privette, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to forward a recommendation of approval for the Charleswood 5th Addition contingent upon: 1. The developer and staff continue discussion on the landscape plan, specifically the spacing of boulevard trees and the plantings within the site distance of private drives. APIF, MOTION CARRIED. 5. Chairman Rotty introduced the Autumn Glen 3rd Addition. Community Development Director Olson informed the Commission that the previous item as well as this item are not public hearings and do not need to be closed. Planning Coordinator Smick presented the staff report. Smick stated that the developer, Arcon Development, is seeking Final Plat approval for 59 single-family lots on approximately 48.28 acres south of the existing Autumn Glen 2nd Addition. Smick reported that this is the last plat of the Autumn Glen development and will have a total of 153 single-family lots. Planner Smick explained that the 195th Street Feasibility Report has been completed and approved by the City Council at their March 19,2001 meeting. . Commissioner Larson asked about the construction of 1 95th Street and participation of the developer. Smick responded that the developer is participating in the costs to construct the road and that the road will be constructed up to the edge ofthe City's park property. Planning Commission Minutes Special Meeting April 24, 2001 Smick stated that Engineering has requested a 20-foot wide easement between Lots 14 and 15, Block 1, with 10 feet on each side of the centerline of the storm pipe. . Chairman Rotty asked Larry Frank, Arcon Development, if had any comments to add to the staff report. Mr. Frank (responding to a previous question) stated that the ponds are probably 12 feet deep in the deepest spots. Chairman Rotty asked if there were any water table problems with the recent heavy amounts of rain. Mr. Frank responded that he had not had any problems with the water tables and that the ponds were fairly low until the spring rains. Chairman Rotty credited the developer the dedication of almost 7 acres of trees in the west portion of the development. Rotty asked if there were any additional comments or questions from the Commission. There were none. MOTION by Johnson, second by Larson to forward a recommendation of approval to the City Council contingent upon: 1. Provide a 20-foot wide easement between Lots 14 and 15, Block 1, with 10 feet on each side of the centerline ofthe storm pipe. APIF, MOTION CARRIED. . 6. Chairman Rotty introduced for discussion the zoning code update and Loren Gordon of Hoisington Koegler Group. Loren Gordon and the Planning Commission entered into lengthy discussion topics concerning the existing fence ordinance, adopting a tree preservation ordinance and clarifying language within the existing industrial park overlay standards. Mr. Gordon agreed to take the comments and suggestions of the Commission and will add them to the draft language of the zoning code and would eventually bring it back to the Commission for final review. 7. 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 May 8, 200 I 1. Vice Chairman Larson called the meeting to order at 7:00 P.M. Members Present: Larson, Johnson, Barker Members Absent: Rotty, Privette Also Present: David Olson, Community Development Director; Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner 2. Vice Chairman Larson requested comments on the March 27,2001 Planning Commission minutes. There were none. MOTION by Johnson, second by Barker to approve the minutes as presented. APIF, MOTION CARRIED. Vice Chairman Larson noted that the April 10, 2001 minutes would be presented at the next Planning Commission meeting. Vice Chairman Larson opened all scheduled public hearings at this time. 3. Vice Chair Larson introduced the public hearing for the proposed replat of Bristol Square 1 st and 2nd Additions. . Associate Planner Schultz presented the staff report. Schultz indicated that the developer is seeking approval of the replat in order to accommodate a split entry style of townhomes that are narrower and deeper than the lots that are currently platted. Schultz stated that the developer is also proposing two additional lots as a result of the proposed narrower lots. Schultz added that staff is suggesting the developer make changes to the landscape plan with the addition a six-foot high wood fence and/or over-story trees for additional landscaping. Vice Chair Larson asked if the developer had any additional comments to make to the staff report. Jim Allen, Allen Homes, stated that he is seeking the replat in order to build the new (split entry) two story style townhome. Larson asked if the developer was aware of the staff contingencies; Mr. Allen responded that he was. Larson asked if there were any questions or comments from the public. There were none. Larson requested any questions or comments from the Commission. Commissioner Johnson asked if the parking requirements would change. Planner Schultz responded that each of the units will have a two stall garage in addition to the off-street parking that has been constructed, but added if the developer plans on adding additional units (varying from the approved preliminary plat) staff would have to recalculate the needed off-street parking. . Vice Chair Larson asked if there were going to be any water problems with a five-foot basement. Mr. Allen responded that they were confident the water table is low enough to not have any effect. Schultz added that the Glenview Townhome development has split entry townhomes and has not indicated any problems. Planning Commission Minutes Special Meeting May 8, 2001 MOTION by Barker, second by Johnson to close the public hearing. APIF, MOTION . CARRIED. MOTION by Johnson, second by Barker to approve the replat of Bristol Square 1 sl and 2nd Additions based on the following contingencies: 1. Rename the submitted plat from Bristol Square 3rd Addition to Bristol Square 1 SI & 2nd Addition Replat; ii. The developer make the necessary changes to the landscape plan concerning the addition of a six-foot fence and/or over-story trees for additional screening; iii. The developer submit a revised Preliminary Plat of the remainder of the Bristol Square development if any changes are planned concerning revisions to lot dimensions to accommodate the split entry model townhomes; IV. Any changes recommended by the Engineering Department. APIF, MOTION CARRIED. 4. Planning Vice Chairman Larson introduced the public hearing scheduled for Tom Leopardi who is requesting a variance to encroach required distance between accessory storage and the principal building. Associate Planner Schultz presented the staff report. Schultz indicated that applicant is seeking a five (5) foot variance to the required ten (10) foot setback of storage sheds from the principal structure. . Schultz reported that the applicant is claiming a hardship based on the fact that a berm exists in the rear yard along 190th Street and placement of the storage shed may disrupt the drainage pattern that cuts across the property. Schultz added that the Commission has granted a similar variance to nearby neighbor; the difference being the current applicant is behind the attached garage, the nearby neighbor was next to the home itself. Commissioner Johnson requested what the new standards may be that were suggested in the staff report. Schultz responded that staff has not totally researched the issue but did indicate other typical requirements seen in other communities. Vice Chairman Larson asked if the applicant had any additional comments to the staff report. Mr. Leopardi asked if the (variance) permit was approved when the shed could be constructed and asked if an inspection was necessary. Schultz responded by stating that construction may commence immediately if the variance is granted and that an inspection is not necessary but that the homeowner bares the responsibility of complying with the City Code concerning accessory structures. Commissioner Barker asked if there were an existing concrete slab behind the home. Mr. Leopardi responded that there was and described the dimensions. Vice Chair Larson asked if there were any questions or comments from the public. There were none. . . . . Planning Commission Minutes Special Meeting May 8, 2001 MOTION by Johnson, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by Barker, second by Johnson to approve the variance to encroach five (5) feet of the dwelling unit with an accessory structure. APIF, MOTION CARRIED. 5. Vice Chairman Larson introduced the public hearing scheduled for Tim Thirion who is seeking approval of Conditional UselHome Occupation permit. Associate Planner Schultz presented the staff report. Schultz reported that this is a revised application to the original submittal in March that included the sale of firearms. Planner Schultz indicated that one of the concerns addressed by the Commission in March was the use of chemicals while gunsmithing; Schultz presented the information submitted by the applicant concerning the types and amounts of chemicals to be used. Schultz pointed out that the applicant will have all guns secured within a gun safe, the home has been installed with a home security system and a six-foot high fence exists around the rear yard. Schultz went over the requirements of the home occupation ordinance. Vice Chairman Larson asked if the applicant would need to file a materials safety data sheet with the City Fire Marshall. Schultz stated the he would presume that he would not since the chemicals are available through retail purchase but would verify with the Fire Marshall. Larson asked if the applicant had anything to add to the staff report. Richard Stoltz, the applicant's attorney, reiterated that Mr. Thirion meets the requirements of the home occupation ordinance, he added that his applicant does not intend to erect any signage on the property. Mr. Stoltz stated that the chemicals to be used are available over the counter at Wal-Mart or K-Mart but would be agreeable to file an MSDS sheet with the Fire Marshall. Larson asked if there were any comments or questions from the public. Angela Kline, 18050 Empire Trail, voiced concern over the possible loss of property value due to the operation of gunsmithing and the increase of traffic. The resident added that at least ten (10) homes on English Ave are opposed to the proposal. Mrs. Kline presented the Commission the results of a survey that she conducted questioning if the presence of a gunsmithing business in the neighborhood would that keep them from purchasing a home within the neighborhood. Commissioner Larson asked if the people polled were from the neighborhood. Mrs. Kline responded that they were from around the Twin Cities area. Commissioner Barker asked if they had to describe "gunsmithing" to people who were polled. Mrs. Kline responded that they did not in order not to sway their opinion. Mrs. Kline also voiced concern about the safety of the area with the broadcasting of the public hearing. Planning Commission Minutes Special Meeting May 8,2001 Vice Chairman Larson asked if they had any documentation from a realtor indicating that there is a potential for a loss of property value. Mrs. Kline responded that she did talk with one realtor who stated that some people might be detoured by the presence of a business. . Jamie Woodis, 18085 Empire Trail, stated that she too directed a survey with similar results (as Mrs. Kline) and voiced concern of the potential loss of value of homes with a gun business in the neighborhood. Mrs. Woodis presented the Commission the results of her survey. Dennis Kline, 18050 Empire Trail, responding to Commissioner Larson's previous question that they did in fact talk with two realtors, one informed that they did need to disclose the fact that a gunsmith operation existed the other did not know. Vice Chairman Larson asked Richard Stoltz, the applicant's attorney, if he was aware if homeowners are required to disclose information concerning home based businesses. Mr. Stoltz responded that in speaking with the City's Attorney, Joel Jarnnick, that they were unaware of such a requirement. Vice Chair Larson requested any questions or comments from the Commission. Commissioner Barker asked the applicant how much business (gunsmithing) did he expect. Mr. Thirion responded that because he has a full time job that he anticipates one or two weapons per week. Commissioner Barker asked if the customers will be dropping the guns off at his home. The applicant responded that some of the transactions would be completed at his regular employment, but could expect some of his clients to come to drop off or pick up at his home. . Vice Chair Larson asked the applicant to define fitting guns. The applicant described the process. Larson asked if any ammunition would be stored at home. The applicant responded that the only ammunition would be for his own personal weapons and they would be stored in the safe. Commissioner Johnson requested clarification on the amount of chemicals to be used. The applicant responded that it was not economical to purchase any amount larger than the sizes purchased over the counter. The Commission discussed weather the applicant should keep the chemicals locked up due to having a business; the applicant stated that it is not required by Federal or State law but is willing if the Commission chooses. Commissioner Barker asked the applicant to explain the basic processes involved in gunsmithing. The applicant explained the processes involved in scope mounting, blueing, rebarreling and others. Vice Chairman requested if there were any more questions or comments from the Commission. There were none. MOTION by Johnson, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Barker to approve the Conditional Use/Home Occupation permit to include the Commission's Findings of Fact. APIF, MOTION CARRIED. . . . . Planning Commission Minutes Special Meeting May 8, 2001 Community Development Director Olson explained to the Commission and public the City's appeal process in which an appeal must be submitted within ten (10) days of the decision. 6. Vice Chairman Larson introduced the petition from Steve and Nancy Wilson to rezone their property from R-l to R-3 PUD. Planning Coordinator Smick presented the staff report. Smick reported that the Wilson property was excluded from the development plans and the rezoning of the Middle Creek development and that the proposed rezone is compatible with the zoning of that development. Smick stated that a Comprehensive Plan amendment is not required because single-family housing is proposed for the site. Vice Chairman Larson asked if the applicant had anything to add to the staff report. Larry Frank, Arcon Development, speaking for Nancy Wilson who was present, explained that this property was excluded from the original development plans and that they are in now to fill the "donut hole" that was created. Larson asked if there were any questions or comments from the Commission. Commissioner Johnson asked if this was completing the development. Staff explained that the rezone was permitting the future platting of the single-family lots, which would be later submitted as a preliminary plat. Being no further questions. MOTION by Johnson, second by Barker to close the public hearing. MOTION by Barker, second by Johnson to approve the rezone the property from R-l to R-3 PUD. APIF, MOTION CARRIED. 7. Vice Chair Larson introduced the petitions to Amend the 2020 Comprehensive Plan and rezone the David Finnegan, Bernard Murphy and Molly Murphy properties. Planning Coordinator Smick presented the staff report. Smick informed the Commission that this was a continued public hearing from the April 10, 2001 meeting. Smick explained that because these properties were contiguous and in the same region of the city that they were reviewed and be taken together because of their significance to the impact to the City's infrastructure systems. Smick reported that all of the properties are petitioning to amend the Comprehensive Plan from Restricted Development to Low Density Residential and to rezone the properties from C-l (Conservation) and A-I (Agriculture) to R-l (Low Density). Planner Smick introduced Erik Peters, Bonestroo Rosene Anderlik & Associates Engineering, to answer any questions concerning water tables and surface water management. Smick also stated that Shelly Johnson, Bonestroo Rosene Anderlik & Associates Engineering, has reviewed the existing transportation system and has prepared a traffic scenario study of the area and has suggested a more detailed analysis of to determine the most feasible scenario and to update the 2020 Thoroughfare Plan. Smick also reported that the engineers at Bonestroo Rosene Anderlik & Associates have indicated that the area could be served with a gravity sanitary sewer line, adding though Planning Commission Minutes Special Meeting May 8,2001 that further information from the Metropolitan Council would need to be acquired and verified to determine the depths of the Apple Valley interceptor. . Planning Coordinator Smick presented the Commission three options as possible scenarios for consideration of the Comprehensive Plan Amendment and rezone. Vice Chairman Larson asked Erik Peters what his evaluation of the site was concerning water issues. Mr. Peters stated that development of the area is possible with the creation of ponding facilities, building the site up and improving drainage. Larson asked if the ponds would be similar to the ponds created in the Autumn Glen development. Mr. Peters said either large or small ponds, dependent upon the planning process. Mr. Peters stated that the surface water plan proposed a small lake for rate control, but could be handled similarly through a series of small ponds. Vice Chairman Larson asked ifthe applicants had any questions or comments to add. Reid Hanson, representing the Finnegan property, stated that they would be in favor of option one and reminded the Commission of the Comprehensive Guide Plan's goal of connecting the north and south portions of the city. Glen Nord, representing the Murphy family, stated that he would view the proposed zone change as a step toward "conceptual" planning of the area and added that it appears that area can be served for storm water and sanitary sewer. Mr. Nord stated that it is premature to address how the street system would be laid out and added that the decision should be based on zoning and land use issues and that all of the other issues need not be resolved until development occurs. . Community Development Director Olson reminded the Commission and the applicants that any Comprehensive Plan amendment would need to be approved by the Metropolitan Council and that issues such as sanitary sewer and transportation need to be addressed before approval is given. The Commission discussed the options given by staff. Discussion began of the time frame to review and update those components of the comprehensive plan. The applicants asked if the application could be tabled for the amount of time for the components to be updated. Community Development Director Olson responded that it would not be favorable to be locked in to a time frame to be completed. The applicant's were agreeable to submit a letter withdrawing the rezoning application but allowing city staff to continue review of the comprehensive plan amendment application. MOTION by Barker, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Barker to forward "option 2" to the City Council concerning the requested Comprehensive Plan Amendment and Zone change for the FinneganlMurphy/Murphy properties. APIF, MOTION CARRIED. Option 2 read: The Planning Commission determines that City initiated updates to the City's Comprehensive Thoroughfare Plan, Comprehensive Sanitary Sewer Plan, Comprehensive Water Plan and Surface Water Management Plan are needed before these requested amendments to the 2020 Comprehensive Land Use Plan are approved. Therefore, the request for Comprehensive Land Use Plan Amendments and Zone changes would be denied for the properties at this time and forward this recommendation to the . . . . Planning Commission Minutes Special Meeting May 8, 2001 City Council. Additionally, the Planning Commission would forward a recommendation to the City Council to direct staff to begin preparing performance standards and codes for the Restricted Development area to be integrated into the Zoning Code Update. 8. Vice Chairman Larson introduced the Middle Creek 3rd Addition Final Plat of Arcon Development and DR Horton. Planning Coordinator Smick presented the staff report. Smick stated that the plat contains twenty (20) single-family lots and is located west of the fIrst phase of the single- family portion of Middle Creek development. Smick explained that the DNR protected wetland located to the east will contain a fIfty (50) foot outlot from the wetland edge in addition to a twenty-five (25) foot wide dedicated easement to form the required seventy- fIve (75) foot buffer. Smick added the comments forwarded from the engineering division. Larson asked if there were any questions or comments from the Commission. Commissioner Johnson questioned the location of the park area and if it was apart of the identifIed outlots. Smick responded that the park space is shown within Outlot A of the plat. There were no other questions or comments. MOTION by Barker, second by Johnson to forward the Middle Creek 3rd Addition plat to the City Council contingent upon the following: 1. Confine the drainage to rear and side lot easements. An easement must be provided for all drainage routes (lots 1 to 4 block 4, lots 1 to 3 block 3, lot 6 block 2). Changes to the construction plans during the review process may necessitate changes in the plat easements. 11. APIF, MOTION CARRIED. 9. There being no further business the Commission agreed to adjourn at this time. MOTION by Johnson, second by Barker to adjourn. APIF, MOTION CARRIED. Respectfully submitted, Michael Schultz Associate Planner Approved . . . Planning Commission Minutes Special Meeting May 22, 2001 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. Chairman Rotty requested comments on the April 10, 2001 Planning Commission minutes. There were none. MOTION by Barker, second by Johnson to accept the minutes as submitted. YES: Rotty, Larson, Johnson; ABSTAIN: Barker; ABSENT: Privette. MOTION CARRIED. Chairman Rotty requested comments on the April 24, 2001 Planning Commission minutes. There were none. MOTION by Johnson, second by Larson to accept the minutes as submitted. APIF, MOTION CARRIED. Chairman Rotty opened all scheduled public hearings at this time. Rotty requested to take item 3b first to allow the applicant with the first item additional time. 3. Rotty introduced the applications of Michael and Eileen Devney and Lawrence Rother to amend the Comprehensive Plan and rezone subject properties. Planning Coordinator Smick presented the staff report. Smick reported that both applicants are seeking to amend the Comprehensive Plan to LowlMedium. Density; the properties were recently annexed are not apart of the current Comprehensive Plan. Smick stated that both applicants are also seeking to rezone the properties from A~ 1 (Agriculture) to R-2 (Medium Density). Smick stated that both properties are currently comprised of sixty acres and located east of the Prairie Waterway at the end of 213lh Street. Smick reported that the applicants are seeking the R-2 zoning due to the similar zoning established in East Farmington. Smick stated that the properties could be served off of 213 th Street, which has been recently upgraded. Chairman Rotty asked if that would be the only roadway to serve the entire area. Smick responded that there were not any detailed plans but 210lh Street could also serve as access to the property. Planner Smick reported that Mark Rolfs of Bonestroo Engineering has reviewed the feasibility of servicing the property with sanitary sewer determining that the west half of the properties could be served by gravity flow sewer. Smick stated that for the east half to be served would require extending a trunk line to the north to the interceptor line or installing a lift station. Smick added that it was determined that the twelve inch water main existing in the County Road 72 right-of-way could serve the properties. Chairman Rotty requested if the applicants had any additional comments to the staff report. . . . Planning Commission Minutes Special Meeting May 22, 200 I Roger Cook, representing Mr. Rother and Devneys', stated that it was their opinion that these properties would be an extension of the East Farmington development and help provide affordable housing. Mr. Cook stated that he feels that the Prairie Waterway could be utilized or expanded to serve for storm water ponding and that adequate service existed for both transportation and sewer. Chairman Rotty requested any questions or comments from the public. Richard Sayers, 21020 Cambodia Ave., questioned why the City annexed the property(s) when there is existing MUSA land within the city. Community Development Director Olson responded that both property owners' petitioned the City for annexation but the City is unaware at this time of when the property would or could develop. Roger Cook added that both property owners have had numerous inquiries to sell to potential developers, which was the main reason for the annexation and request for rezone. Mr. Sayers asked if new development would conflict with existing farming conditions. Chairman Rotty clarified with the resident that the hearing was for a rezoning of the property only, adding that the potential conflict was something to keep in mind (of the Commissioners) during pending development. There being no further resident comments, Chainnan Rotty requested questions and comments. from the Commission. Commissioner Johnson questioned if the Commission was comfortable with continuing the same development pattern as East Farmington or eventually transition into a lower density. Chairman Rotty stated that it was premature to detennine ifthe East Farmington style was appropriate or not. Commissioner Barker questioned how the requested zoning would calculate into the available MUSA acres. Community Development Director Olson, responding to Commission Barker's request, presented that availability .of MUSA by land use category, adding that the low/medium category was not one that was anticipated for heavy demand. Commissioner Larson stated that it was in his opinion too early to determine the land use for the property without first reviewing all other aspects of the Comprehensive Plan. Planning Chair Rotty requested staff to analyze the traffic/transportation issue in the potential development of the property. Rotty clarified that the property could not fully development until MUSA was available. MOTION by Larson, second by Johnson to continue the public hearing to the June 12, 2001 Commission meeting in order to allow continued review of the petitions. APIF, MOTION CARRIED. 4. Chainnan Rotty introduced the Special Exception permit application for Benjamin Ward to move a single-family structure into the city limits. Associate Planner Schultz presented the staff report. Schultz reported that the applicant is seeking approval to move a single-family home located in Lakeville to a three-acre site located at 6378 19Sth Street W. Schultz explained that the proposed route would . . . Planning Commission Minutes Special Meeting May 22, 200 I essentially be over county controlled roadways. Schultz stated the home was constructed in 1967 and has been inspected and approved by the City Building Official; the home is being moved to make way for a new residential development. Chairman Rotty asked the applicant if he had anything to add to the staff report. The applicant did not. Rotty invited any questions or comments from the public. There were none. Chairman Rotty asked the applicant if he was fine with the staff contingencies listed within the report. The applicant responded that they approved of the contingencies. Rotty asked if a surety should be established for completion of the project. Schultz stated that the mover would have a surety or bond with the County. Schultz added that the city could hold certificates of occupancy to ensure completion of the required upgrades. Commissioner Larson voiced concern over past projects that were not completed as planned but added that because the area was rural that it wouldn't be as visible as the other past projects. MOTION by Johnson, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to the Special Exception permit contingent upon the following: 1. The City Building Official. approves the overall condition of the structure and the applicant completes all necessary building code updates; 11. That the existing home be moved or razed from the .property within 60 days from the date the proposed structtl!e is moved onto the property; 1II. The exterior of the structure shall be completed, upgraded and landscaped within 90 days of moving the structure onto the property; IV. Dakota County Highway Department approval permitting vehicles of excessive weight or size on County Highways. APIF, MOTION CARRIED. 5. 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 June 12, 2001 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Barker and Privette Members Absent: None Also Present: David Olson, Community Development Director; Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner 2. Chairman Rotty called the meeting to order at 7:00 P.M. 3. Planning Chair Rotty requested comments on the May 8, 2001 Planning Commission minutes. There were none. MOTION by Larson, second by Johnson to approve the minutes as submitted. YES: Larson, Johnson, Barker; NO: None; ABSTAIN: Rotty, Privette. 4. Planning Chair Rotty requested comments on the May 22, 2001 Planning Commission minutes. There were none. MOTION by Johnson, second by Barker to approve the minutes as submitted. YES: Rotty, Larson, Johnson, Barker; NO: None; ABSTAIN: Privette. MOTION CARRIED. 5. Planning Chair Rotty introduced the public hearing for the Wilson Property Preliminary Plat. Planning Coordinator Smick presented the staff report. Smick stated that the plat is comprised of nine (9) single-family lots on 4.7 acres and is zone R-3 PUD, the property is located within the Middle Creek development. Planner Smick explained that the two outlots proposed as part of the plat will be conveyed and platted as part of the future lots within the Middle Creek development. Smick stated that the developer would need to apply for a variance for the five-hundred seventy (570) foot cul-de-sac, City ordinance only allows for five hundred (500) feet. Smick also pointed out that the developer is proposing a twenty-eight (28) foot wide street that will require a sidewalk on one side. Planner Smick stated that staff is recommending approval of the Preliminary Plat contingent that a) the developer seek a variance for the 570 foot cul-de-sac and b) a sidewalk be required on one side of the 28-foot wide cul-de-sac to meet City standards. Chairman Rotty asked Larry Frank, Arcon Development if he had any comments to add to the staff report. Mr. Frank stated that he did not have anything to add at this time. Chairman Rotty asked if there were any questions or comments from the public. There were none. Planning Chair Rotty requested questions and comments from the Commission. Commissioner Larson questioned the status of the encroachment of the McCarthy house. Planning Commission Minutes Regular Meeting June 12,2001 David Olson, Community Development Director, stated that the City Attorney along with the attorney's for the McCarthy's, the title company and the developer are continuing . deliberations and will need to be resolved before the construction of 203rd Street. Chairman Rotty questioned the existing slope and if there were any comments from the Dakota County Soil and Water. Larry Frank stated that due to balancing the slope the attempt is to preserve the trees in the southwest comer of the property and replant trees in the northeast. MOTION by Johnson, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Barker to forward a recommendation of approval to the City Council contingent upon the following: a. The Developer seeks a variance request for the 570-foot cul-de-sac that exceeds the City standards in Section 11-4-3 (B) ofthe City Code. b. A sidewalk is required on one side of the 28-foot wide cul-de,-sac road to meet City standards. APIF, MOTION CARRIED. 6. Chairman Rotty introduced the continued public hearing for Michael and Eileen Devney and Lawrence Rother who both are seeking to amend the 2020 Comprehensive Plan to Low/Medium Density Residential and rezone the subject properties from A-I (Agriculture) to R-2 (Medium Density) Residential. Planning Coordinator Smick presented the staff report. Smick stated that the properties were annexed into the City on April 16, 2001. Planner Smick stated that the Commission requested the following items be addressed during the previous Commission meeting, a) transportation system; b) sanitary sewer; c) Low/Medium Acres calculation and d) properties not anticipated in Comprehensive Plan. . Smick presented the findings of Shelly Johnson, traffic engineering for Bonetroo, Anderlik, Rosene & Associates. Smick stated that the Johnson assumed three different possible densities, recommending a density similar to East Farmington at 3.32 units/acre. Smick added that in Mr. Johnson's analysis that 213th Street functions as a major collector and anticipates that signalization and turn lane improvements would need to occur at 213th Street and Trunk Highway 3. Planner Smick reported that Mark Rolfs of Bonetroo, Anderlik, Rosene & Associates reviewed the feasibility of serving the properties with sanitary sewer and water service and determined that only the west half of the property can currently be served with gravity flow sewer. Smick went to report that the east half could be served by extending from the interceptor line south or installing a lift station. Smick stated that the MUSA Staging plan allocates only 30 acres for low/medium density development, adding that neither property may be eligible for MUSA designation for 2005. . . . . Planning Commission Minutes Regular Meeting June 12,2001 Planning Coordinator Smick reported that the properties were apart of Empire Township in 1998 when the 2020 Comprehensive Plan was being prepared thus no planning was done or anticipated for the properties. Smick presented the Commission two options recommended by staff. Chairman Rotty asked if there were any representatives in the audience for either the Rother or Devney's. There were none. Rotty requested in questions or comments from the public at this time. There were none. Chairman Rotty asked if there were any questions or comments from the Commission. Commissioner Barker stated that because of the significance of the Comprehensive Plan amendment that the city should proceed slowly in order to properly study the area and would favor Option 2. The Commission and staff discussed the language in Option 2 and agreed for clarification that it essentially was a recommendation for denial of the proposed Comprehensive Plan amendment. Commissioner Johnson stated that he too would favor Option 2. Commissioner Larson voiced the same sentiments adding that a Spruce Street crossing of the Prairie Waterway would not be favorable. Commissioner Privette also stated that Option 2 was his choice. Chairman Rotty voiced his concern that certain issues have not been thoroughly reviewed before a Comprehensive Plan amendment could be improved including: i) the Thoroughfare Plan has not been properly reviewed and guided for in this area; ii) the Sanitary Sewer plan did not anticipate development for this area, gravity service is available for only half of the property and needs to be reviewed; iii) the Water service plan also needs to be reviewed to serve the area; iv) the Comprehensive Land Use plan needs to be studied to address Affordable Housing guidelines; v) the possible necessary improvements to 213th Street and Trunk Highway 3 need to be reviewed and addressed. MOTION by Barker, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Privette to forward a recommendation to the City Council recommending Option 2, denying the proposed Comprehensive Plan amendment and zone change, attaching the above five Findings of Fact for reason of denial. APIF, MOTION CARRIED. 7. Planning Chairman Rotty introduced for discussion the Middle Creek 4th Addition Final Plat proposed by D.R. Horton and Arcon Development, Inc. Associate Planner Schultz presented the staff report. Schultz reported that the sixty-eight (68) unit plat is part of the second phase of the Middle Creek townhome development and would be located east of Pilot Knob Road, along the future 206th Street. Planning Commission Minutes Regular Meeting June 12, 2001 Schultz stated that staff is strongly encouraging that the developer consider additional off-street parking for visitor parking; only four off-street stalls are currently shown. Schultz stated that the proposed change from one-stall garages to two-stall garages on some of the units does elevate some of that need and on-street parking would be permitted along 206th Street . Chairman Rotty asked if Mr. Matula, DR Horton, had any additional comments to the staff report. Mr. Matula stated that they are looking at the end of the private drives, but it has been a gray area as far as interpretation of where the drive ends and the parking begins. Chairman Rotty replied that additional parking would be a benefit for the development, especially on the south side of 206th Street (with some units still having only a single stall garage) adding that because this was a final plat that the issue could be addressed with staff. Chair Rotty asked if there were any questions or comments from the Commission. Commissioner Privette asked how many stalls could be added by extending the private drives. Schultz stated that 2 to 3 stalls could be added per private drive, estimating that 15 to 21 additional stalls could be added. The Commission felt that this issue could be addressed with staff. MOTION by Johnson, second Privette to forward a recommendation of approval onto the City Council contingent upon a) execution of a Development Contract and b) continued coordination with staff on the addition of off-street parking stalls. APIF, MOTION CARRIED. . 8. Planning Commission Chair Rotty introduced for discussion the Meadow Creek Schematic Plan proposed by Progress Land Company. Planning Coordinator Smick presented the staff report. Smick presented the schematic plan proposing 354 single-family lots on 159 acres located directly east of the Prairie Creek development. Smick reported that the developer is seeking a letter of map amendment with FEMA concerning the floodplain boundary currently shown on approximately half of the property. Planner Smick stated that the proposed density of the development is 2.22 units/acre and that most of the lots meet the 10,000 square foot minimum; but a few did not meet the minimum due to issues relating to the storm sewer, Smick stated that the developer would need to seek a variance. Smick stated that two collector routes are proposed along 187th Street and second north/south collector tying into Dunbury Ave and heading north into the future Riverbend development. Planning Coordinator Smick stated that the Park & Recreation Commission has reviewed the proposed development and will be seeking a trail along the drainage way and a park. . . . . Planning Commission Minutes Regular Meeting June 12,2001 Chairman Rotty asked if anyone representing Progress Land Company, had any additional comments to the staff report. Mike Olson, Project Manager, representing Progress Land Company, stated that they have been working with the City the past several months on the design of the development. Mr. Olson stated that they have attempted to stay away from the flood plain and wetland areas located on the east half of the property until those issues can be resolved. Chairman Rotty questioned why some of the lots could not meet the minimum widths even with the storm water design. Mr. Olson stated that Warren Isrealson is the designer of the project and could not answer that. Rotty stated that it was his opinion that with that amount of space that it should not be a problem. Mr. Olson stated that he recently submitted a revised preliminary plat. Staff stated that they have not had the opportunity to see what changes have been made. The Commission and Mr. Olson discussed the anticipated housing prices for the development. Mr. Olson stated that he anticipated that the average would be slightly over $200,000. Rotty asked what percentage would be split entry compared to walk-out. Mr. Olson responded that a majority would be splits due to the high water tables. Commissioner Barker asked what amount of trees would be effected or if tree inventory had been completed. Mr. Olson and the Commission discussed the tree lines existed along the wetland to the east, along the drainage way and also along the southern property line abutting the Autumn Glen development. Mr. Olson indicated that they could inventory the trees but added that if they were Boxelder or Cottonwoods they may not want to save them. Chairman Rotty asked if there were any other questions. There were none. 9. Chairman Rotty asked if there was anything from staff. Community Development Director Olson reminded the Commission of the upcoming joint meeting with the City Council and HRA concerning the Zoning Code update and also the upcoming meeting for the MUSA Designation Committee. 10. 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 10, 200 I 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Barker and Privette Members Absent: None Also Present: David Olson, Community Development Director; Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner; Engineer Dave Sanocki 2. Chairman Rotty called the meeting to order at 7:00 P.M. 3. Chairman Rotty requested comments on the June 12, 2001 Planning Commission minutes. There were none. MOTION by Larson, second by Johnson. APIF, MOTION CARRIED. 4. Planning Commission Chair Rotty introduced the Meadow Creek Preliminary Plat proposed by Progress Land Company. Planning Coordinator Smick presented the staff report. Smick reported that the developer is proposing 178 single.family lots within the first addition as part of the 354 total housing units. Smick reported that the lots would meet the minimum 10,000 square feet but that three (3) of the lots did not meet the seventy-five (75) minimum lot width. Planner Smick reminded the Commission of the comments made at the June 12, 2001 meeting during the Schematic Plan review. Smick stated that the Commission required that all lots should meet the 10,000 square foot minimum lot size; all lots should meet the seventy-five (75) foot minimum width and that the trees along the southern border should be inventoried to determined which trees could be saved during construction. Smick stated that all of the lots met the 10,000 square foot minimum but as stated before three did not. Planner Smick stated that the developer is working with Arcon Development, developer of Autumn Glen, to determine the location of the larger trees to save if drainage swales are possible on the north and south sides of the trees. Planning Coordinator Smick reported on Shelly Johnson's, the City's traffic engineer, report on the traffic assessment for the Meadow Creek development at complete build- out. Smick reported that the developer would be required to seek a variance for the proposed cul-de-sac that surrounds Outlot A because it exceeds the 500-foot cul-de-sac length by I 00 feet. Smick indicated that developer is proposing a 4.54 acre park in the southeast corner of the project as requested by the City Parks and Recreation Commission. Walking trails are planned along the south side of the drainage ditch connecting to Lake Julia. Planner Smick informed the Commission that the Engineering issues have been resolved in reference to the sewer depths and calculated high water levels with information that was submitted by the developer and reviewed by staff (after the memo was distributed to the Planning Commission). Planning Commission Minutes Regular Meeting July 10, 200 I Planning Coordinator Smick stated that the letter from the Dakota County Soil & Water Conservation District addressed several issues relating to final plat stage but did comment that wetland replacement plan needs to be approved for impacts adjacent to Outlot B. . Smick informed the Commission that staffs recommendation would be revised to not include contingencies #2 and #3. Chairman Rotty asked if the developer had anything to add to the staff report. Mike Olson, the Project Manager for Meadow Creek for Progress Land Company, stated that the 10,000 square foot minimum lot size has been met but requested Mr. Isrealson address the lot width issue. Mr. Olson stated that a tree inventory was completed approximately three weeks ago, which includes the trees adjacent to Autumn Glen and south of the drainage ditch. Discussion turned to correcting a storm sewer outlet on an existing lot within the Prairie Creek development. Mr. Olson stated that they were anticipating grading this summer and correcting all (the problems) at once (the storm sewer extension and grading of the easterly lots in Prairie Creek). Chairman Rotty asked if the Commission could see a copy of the tree inventory. Warren Isrealson discussed the need for the variance for the lots that did not meet the seventy-five foot width. Mr. Isrealson stated that due to the curve in the street and the need for a storm sewer pipe running between lots which did not permit the lot widths to be achieved. . The developer and project manage displayed the tree inventory to the Commission. Mr. Isrealson stated that after the onsite meeting with Arcon Development and staff that it was agreed that most of the trees would remain. Discussion turned to the trees on the southside of the drainage way; Mr. Isrealson stated that it is likely that most of those trees would need to be removed located on the spoil pile to make way for the trail. . Chairman Rotty asked if the developer or project manager had any additional comments. They did not. Chairman Rotty asked if the Commission had any questions or comments at this time. Commissioner Larson asked if it was common to run trails in the backyard of homes. Planner Smick pointed out that it that the Parks and Recreation Commission have planned the trail for a number of years. Discussion centered on the existing easements along the ditch and if there were alternatives to the trail location. Staff indicated that there were other trails within the city with trails in the rear yard that have not presented a problem to their knowledge. Commissioner Johnson brought up the issue of the lot widths and if they could be corrected (without a variance). Discussion took place on which lots did not meet the width requirements. Mr. Isrealson admitted that the widths on the new submittal were a mistake and would be correct on the final plat. Commissioner Barker asked if a sidewalk would be extended out to Pilot Knob Road from where it ends at Embers Ave. Community Development Director Olson explained . 2 . Planning Commission Minutes Regular Meeting July 10, 200 1 that there are some minor collectors within the city that do not have sidewalks, it has been the City's policy to install sidewalks (going back a number of years) along minor collectors. Olson explained that the residents can petition the City to install sidewalks but the City would not initiate it or require the developer to do it. Chairman Rotty asked ifthere were any questions or comments from the public. Cameron Kracke, 18980 Embers Ave: Voiced concern over the start time of construction during the development of Autumn Glen and is concerned with this new development. Chairman Rotty asked Dave Sanocki, Engineering Division, to explain what the Development Contract stipulates. Rotty asked the resident if there are any problems with required construction times to contact the city. Mr. Kracke voiced concerned about the current watering restrictions with the number of homes being added within this development and if the City had any plans (to add capacity). Community Development Director Olson clarified that the watering ban is more related to the recent dry weather than it is to growth and that the Water Board does have plans for additional wells. . Ken Rausch, 5066 187lh Street: Commented that growth does have an impact on watering if the city's wells can't keep up with demand. Mr. Rausch questioned why 187th Street wasn't designed as a collector and asked the Commission to consider the number of homes feeding onto what is really a neighborhood street. Lee Smick stated that the existing 187th Street was constructed at thirty-eight (38) feet width, which is the current standard for minor collector roads. Smick clarified 187th Street is shown as a local on the Thoroughfare Plan but is constructed at today's standard for a minor collector. Mr. Rausch stated that his request is if alternatives were possible to route traffic from the development. Tony Spensor, 18725 Easton Ave: Voiced concern over the amount of traffic to be traveled along 187th Street and child safety not only for the existing residents but for the number moving into the development. Mr. Spensor also voiced concern with removal of the trees along the drainage way. Lisa Robinson, 18654 Easton Ave: Voiced concern over the attempt to resolve the existing drainage problems on the lots backing up to the proposed development. Engineer Sanocki stated that Mrs. Robinson's property is one of the lots that the City is working with the developer on correcting with the extending the storm pipe, catch basins and grading work. . Mrs. Robinson stated that she would request that the developer correct the problem before work commence on the new development with restoration work included on the property . 3 Planning Commission Minutes Regular Meeting July 10, 2001 Community Development Director Olson responded that it has been the City's and . developer's intent to correct the situations that exist as part of the grading and development plans of the proposed development. Engineer Sanocki added that staff has requested that the developer submit eXlstmg contours and grading plans along with proposed restoration work of the subject lots. Mrs. Robinson asked the Commission to consider making the grading and restoration work a contingency as part of the approval. Mrs. Robinson added her concerns with removal of the trees along the drainage ditch and the potential amount of traffic along 187th Street. Staff informed the Commission and the residents that prior to any grading work that all personal property must be removed from the easement area. Keith Robinson, 18654 Easton Ave: Stated that at the time the lot was graded that the developer and the City knew it was not completed to specification and would need to be re-graded and now being three years later that he is not in favor of incurring additional expenses for removal of personal property. Chairman Rotty stated that he would like to defer this matter to the City Attorney and await his opinion. Todd Bouve, 18650 Easton Ave: Voiced his dissatisfaction over, the amount of time it has taken to correct the problems that currently exist (along the easterly lots in Prairie Creek). . Engineer Sanocki stated that part of the agreement with the developer is that if grading work would not commence this year that at least a temporary solution would need to be completed this year which would involve extending the storm sewer pipe. Mr. Bouve added his concerns over the amount of traffic on 187th Street. Jamie Larson, 5082 187th Street W: Voiced his concern of the potential traffic on 187th Street and if there were a way for the development to wait until a north/south collector was constructed to I 70th Street. Planning Coordinator Smick demonstrated the intent of the Thoroughfare Plan to direct traffic to the major collectors. The Commission, staff and residents then discussed the issue of why I 87th Street is now viewed as a minor collector. Chairman Rotty asked if the Commission had any additional questions. Commissioner Larson asked if the Commissioner could request a tree replacement plan for the trees removed along the spoil pile. Planner Smick responded that currently the City Code does not mandate tree retention or tree replacement plan but the Commission could request the developer to consider one. Mr. Isrealson replied that he would be willing to install trees if he would receive park dedication credits and would sit down with the Parks and Recreation Director to discuss . 4 . . . Planning Commission Minutes Regular Meeting July 10, 200 I the matter. Chairman Rotty stated that the tree issue would need to be resolved with the Park & Recreation Commission. Planning Coordinator Smick restated the contingencies as discussed during the course of the meeting. The Commission requested clarification on contingencies #4 and #5 with the City Attorney. Chairman Rotty asked Mr. Isreal son if he understood the revised contingencies. Mr. Isrealson stated that he is agreeable to the last contingency if the property owners are willing to grant them (the temporary construction easements). Chairman Rotty asked if there were any final comments from the Commission. The Commissioners were in agreement of the concerns surrounding the timing and legalities of correcting the grading problems of the rear yards in the Prairie Creek 4th Addition. MOTION by Johnson, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to forward a recommendation of approval to the City Council contingent upon the following: 1. The developer needs to resolve the minimum lot widths or seventy-five feet or seek a variance; II. All engineering comments from the June 27,2001 memo that are relevant to the preliminary plat be addressed; Ill. The developer seek a variance for the 600-foot cul-de-sac prior to final plat approval; IV. To resolve grading and drainage problems in Prairie Creek 4th Addition (and restore to current conditions if acceptable to the City Attorney); v. To require any temporary construction easements be resolved in Prairie Creek 4th Addition prior to commencement of grading (if acceptable to the City Attorney). APIF, MOTION CARRIED. 5. Planning Chair Rotty introduced the petition from Lowell & Janet Benham, 21228 Chippendale Ave, to amend the Comprehensive Plan from Agriculture to Business and rezone the property from A-I (Agriculture) to B-1 (Limited Business). Associate Planner Schultz presented the staff report. Schultz explained that the property contains 1.88 acres of land is located at the northeast comer of Trunk Highway 3 and 213th Street. The property was annexed into the City on June 18, 200 l. Schultz stated that vacant commercial property is located directly north of the property and is also zoned B-1. Chairman Rotty asked Gil Anderson (representing the applicant) if he had anything to add to the staff report. He did not. 5 Planning Commission Minutes Regular Meeting July 10,2001 Rotty asked if there were any questions or comments from the public at this time. There were none. . Chairman Rotty requested questions or comments from the Commission. The Commission was in agreement that the B-1 zoning district would be consistent with the zoning along Trunk Highway 3. The Commission and staff briefly discussed the construction of the frontage road. MOTION by Larson, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to forward a recommendation of approval to the City Council to amend the Comprehensive Plan from Agriculture to Business and rezone the property from A-I (Agriculture) to B-1 (Limited Business) for the subject property. APIF, MOTION CARRIED. 6. There being no further business the Commission agreed to adjourn at this time. Respectfully submitted, Michael Schultz Associate Planner Approved . . 6 . . . Planning Commission Minutes Regular Meeting August 14,2001 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Barker and Privette Members Absent: None Also Present: David Olson, Community Development Director; Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner 2. Chairman Rotty called the meeting to order at 7:00 P.M. 3. Chairman Rotty requested comments on the July 10, 2001 Planning Commission minutes. There were none. MOTION by Johnson, second by Barker. APIF, MOTION CARRIED. 4. Planning Commission Chair Rotty introduced the Amendment to the Riverbend Planned Unit Development schematic plan. Planning Coordinator Smick presented the staff report. Smick reported that the developer is proposing to amend the schematic plan from the 272 single-family units to 140 single- family units and retaining the R-2 PUD zoning classification. Smick stated that the EA W projected that the project would generate 2,605 vehicles. From that estimate the City Council determined that the additional potential traffic and limited roadway access, only 32-feet in width, might compromise pedestrian safety. Planner Smick reported on the traffic analysis for the proposed development, indicating that none of the roadways would generate over 1,000 vehicles per day; triggering a change from local roadway to minor collector. Smick stated that the lots would range in size from 9,750 square feet to 21,600 square feet, with an average of 13,300 square feet. The anticipated housing market range would be from $170,000 to $200,000. Smick went on to discuss utility service availability, wetland type and location, revised floodplain boundary, proposed parks and trails and population projections. Planning Chairman Rotty asked if the developer had any comments to add to the staff report. Steve Juetten stated that he did not have any additional comments at this time but wanted to take the opportunity to answer the question about the type of buffering between the proposed project and the existing homes in Dakota County Estates. Mr. Juetten stated that they had not entered into that level of detail yet other than open space and ponding. Chairman Rotty requested any questions or comments from the public. Patrick Hansen, 5037 Upper 182nd Street, Questioned what would happen if there projects to be more traffic, particularly along his street. . Planning Commission Minutes Regular Meeting August 14,2001 Chairman Rotty asked if he was inquiring if the City would be reclassifying his street to a minor collector. Rotty clarified that the City would not be reclassifying the roads and affirmed that the traffic counts are only estimated projections. Mr. Hansen asked if the park could be situated to the west to create a buffer for the residents in Dakota County Estates. Steve Juetten responded that the Parks and Recreation Commission have always requested that the park be located more to the east to limit the impact to the wetlands and allow for more open space. David Joyce, 18218 Echo Dr., voiced concern over the anticipated traffic routes feeling the traffic on l80th Street will escalate knowing there is not a traffic light to wait for. Mr. Joyce also pointed out water problems from the pond located in the northeast corner of Dakota County Estates. Chairman Rotty stated that the City's Storm Water Plan will be followed and that the problems will attempted to be addressed during the development of the project. Sheryl Klouda, 18210 Echo Drive, voiced concerned about preserving the wildlife in the area. Lee Smick stated that the wetlands within the site and along the North Branch creek would be protected. . Steve Carl, 18454 Echo Drive, stated that sidewalks should be placed on both sides of the street. The resident also requested that the buffer zone be extended down to the lots on the south side of the development. Chairman Rotty replied that there appeared to be deeper lots on the schematic plan but the developer would need to address them. Planner Smick added that the City's standard along minor collectors is only one sidewalk. Commissioner Privette inquired about the FEMA Floodplain reVISIon. Mr. Juetten replied that Bonestroo Engineering has conducted a complete survey and the results of that will be submitted to FEMA for there review and approval, that process has not yet begun. Commissioner Larson inquired about the gas line easement and if there was enough room for the homes. Mr. Juetten responded that they would have to provide enough (lot space). Commissioner Larson asked about the cul-de-sac into Meadow Creek. Mr. Juerten stated that he would need to talk with Mr. Isrealson concerning this issue along with several other issues. Mr. Hansen inquired about the future County roadway for the area. Chairman Rotty stated that the County is currently conducting a study to identify the future needs and location of such a roadway and will be reporting those findings to the City shortly. . Planning Chairman Rotty asked if there were any additional questions or comments. There were none. MOTION by Johnson, second by Barker to close the pubic hearing. APIF, MOTION CARRIED. MOTION by Barker, second by Privette to forward a 2 . . . Planning Commission Minutes Regular Meeting August ]4,2001 recommendation of approval to the City Council concerning the Riverbend PUD schematic plan amendment. APIF, MOTION CARRIED. 5. Planning Coordinator Smick informed the Commission of the joint workshop with the City Council involving the presentation by Dakota County staff of the East-West corridor study on September 19,2001 at 7:00 p.m. 6. There being no further business the Commission agreed to adjourn at this time. Respectfully submitted, Michael Schultz Associate Planner Approved 3 . . . ~~ Note: 2. 4. Planning Commission Min utes SpeciallRescheduled Meeting September 25, 2001 The September 11,2001 meeting was cancelled and rescheduled to the September 25th Planning Commission meeting. 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Barker and Privette Members Absent: Larson, Johnson Also Present: City Administrator Ed Shukle; David Olson, Community Development Director; Lee Mann, Public Works Director/City Engineer; Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner Chairman Rotty called the meeting to order at 7:00 P.M. 3. Chairman Rotty requested comments on the August 14, 2001 Planning Commission minutes. There were none. MOTION by Privette, second by Barker. APIF, MOTION CARRIED. Planning Commission Chairman Rotty introduced the variance permit application for Chester & Darlene Grabowski, 608 Ash Street, are seeking to encroach into the required side yard setback. Associate Planner Schultz presented the staff report. Schultz reported that the applicant's survey indicates that a variance of four (4) feet is needed to construct a garage and house addition. Schultz also reported that the applicant's are also seeking variance approval to exceed the maximum garage limit of one thousand (1,000) square feet by twelve (12) square feet. Schultz explained that the applicant's home was constructed in 1955, prior to any adopted setback requirements. Schultz also pointed out an unexplained twenty-four (24) foot easement that exists on the adjacent property that may have had a bearing on the placement of the home. Planner Schultz presented a letter from Lucilla and Vernon Johnson, adjacent property owners to the east, expressing opposition to the variance; no specific purpose was given. Chairman Rotty asked if the applicant had anything to add to the staff report. Mr. Grabowski stated that he did not have any additional comments. Chairman Rotty requested any questions or comments from the public. There were none. Rotty requested Commissioner questions or comments. Commissioner Barker asked if staff had any indication why the Johnson's would be against the variance. Schultz replied that other than the letter and confirming the opinion with Castle Rock staff, there was no indication. Commissioner Barker asked if the addition was encroaching any more than what was existing. Schultz replied that the addition is being constructed directly behind the house and not encroaching any more than existing. . Planning Commission Minutes SpeciaVRescheduled Meeting September 25,2001 Chairman Rotty stated that the addition would only extend the encroachment and would not encroach any closer than the existing home. Rotty added the additional twelve square feet may have a "ripple effect" on the rest of the design of the addition and did not see a problem with granting a variance. Planning Chairman Rotty asked if there were any additional questions or comments. There were none. MOTION by Barker, second by Privette to close the pubic hearing. APIF, MOTION CARRIED. MOTION by Barker, second by Privette to approve the variance to encroach four (4) feet into the required six (6) foot side yard setback and to exceed the maximum garage size by twelve (12) square feet. APIF, MOTION CARRIED. 5. Planning Commission Chairman Rotty introduced the variance permit application for Michael Peter Dantzer, Press Line Industries, 525 First Street, seeking to exceed the maximum lot coverage within the B-3 Zoning District. Associate Planner Schultz presented the staff report. Schultz reported that the applicant's survey indicates that a variance of 1.8% (or 443 square feet) is needed for the applicant to construct a 2,000 square foot addition to his property. Schultz explained that a portion of the property was apart of the vacated Walnut Street right-of-way and that the completion of an addition in 1995 the coverage was already at 35%. Schultz indicated that the applicant purchased a 20' x 223.94' (4.478.8 square feet) strip of land, in 1999, from the property owner to the north in order to gain better access to the rear of the property and for future expansion (coverage) needs. . Planner Schultz stated that some "open space" does exist along the one hundred (100) foot railroad right-of-way. Schultz added that the property owners are willing to add some landscaping to soften the addition. Chairman Rotty asked if the applicant had anything to add to the staff report. Mr. Dantzer stated that he did not have any additional comments. Chairman Rotty requested any questions or comments from the public. There were none. Rotty requested Commissioner questions or comments. Chairman Rotty asked the applicant if the narrow strip of property that was acquired ever had been used for ingress/egress purposes. Mr. Dantzer replied that it had not. Chairman Rotty asked if the addition was an expansion and continuation of the existing business. Mr. Dantzer replied that it was. Rotty asked staff if they felt there was enough room for landscaping. Schultz replied that there would be enough room to add some landscaping with the existing trees. Commissioner Privette asked if the off-street parking would be a problem. Schultz replied that it should improve the situation for parking for the business. . Planning Chairman Rotty asked if there were any additional questions or comments. There were none. MOTION by Barker, second by Privette to close the pubic hearing. APIF, MOTION CARRIED. MOTION by Privette, second by Barker to approve the variance to exceed the maximum lot coverage not to exceed 1.8% or 443 square feet contingent upon submittal ofa landscape plan. APIF, MOTION CARRIED. 2 6. Planning Commission Minutes SpeciallRescheduled Meeting September 25, 2001 Planning Chairman Rotty introduced the variance permit application to encroach sixty (60) feet into the one-hundred (100) foot protect wetland setback. Planning Coordinator Lee Smick presented the staff report. Smick reported that the applicant, Tom Wartman, is seeking the variance to encroach into the required 100-foot setback from the designated trout stream corridor with a proposed expansion of the Econo Foods grocery store. Smick stated that the property is restricted with alternatives due to the potential loss of parking spaces and the need for an additional First Street access to future commercial to the north portion of the site. Smick outlined the hardships involved with the variance. Smick presented a possible park corridor plan for the south side of the Vermillion River. . Chairman Rotty asked if the applicant had anything to add to the staff report. Mr. Wartman stated that he did not but would be available to take any questions. Chairman Rotty requested any questions or comments from the public. There were none. Ratty requested Commissioner questions or comments. Commissioner Privette asked if the additional access (off of First Street) would effect the runoff in the area. Public Works Director/City Engineer Mann responded that the storm water plans have not been completed but the city has been working closely with the Minnesota DNR and Dakota County Soil and Water to mitigate any future storm water runoff. Commissioner Privette asked if it would be safe to say there would be more runoff. Engineer Mann replied that when additional impervious surface is added that it tends to add additional runoff. . Chairman Ratty stated that he had a "hard time" considering granting the variance because of the City's conservative position on potential environmental impacts. But reviewing the "big picture" granting the variance would improve the traffic situation along Elm Street with the additional access off of First Street while not losing any parking stalls. Community Development Director Olson gave the Commission an update of the HRA Board's decision for a development agreement for the sale and transfer ofHRA property to Mr. Wartman for future commercial development to the north. Mr. Olson stated that the dump materials would be removed. Mr. Olson also pointed out that he greenway corridor is still conceptual but the City will be working with other government entities on the design. Planning Chairman Rotty asked if there were any additional questions or comments. There were none. MOTION by Privette, second by Barker to close the pubic hearing. APIF, MOTION CARRIED. MOTION by Privette, second by Barker to approve the variance to encroach sixty (60) feet into the wetland setback. APIF, MOTION CARRIED. 7. Chairman Ratty introduced the public hearing for Independent School District 192 who are seeking a Conditional Use Permit to construct an elementary school in a R-l (Low Density) zoning district. . 3 . Planning Commission Minutes Special/Rescheduled Meeting September 25, 200 I Planning Coordinator Smick presented the staff report. Smick reported that the applicant is seeking to construct the school on 29.47 acres of land located just west of the Charleswood development and south of 195th Street. Smick stated that the school will accommodate approximately 750 students from kindergarten through grade 5 with an additional 550 students in the Early Childhood Family Education center. Smick reported the proposed building to be 141,890 square feet. Smick reported that the Dakota County Plat Commission has requested that the 19S1h Street be improved from the termination of the existing pavement near Exceptional Trail to Flagstaff Ave to the west. Planner Smick stated that the site would be mined for granular material to borrow for the southern portion of the site and be used for the base of the building. Smick reported that landscaping is proposed around the building, parking lot and storm water pond; Smick added that the School District is also willing to add landscaping along the Charleswood development line to screen the building. Planning Coordinator Smick stated that the applicant is also proposing a lighted path to run from the school south, connecting between two lots within the Charleswood development, between lots 13 and 14. . Chairman Ratty asked if the spill of the light would effect the homes between the path. Staff indicated that the path would not be lit on the lots themselves and that spill shown along the path on the lighting plan was directed downward and should not effect residents in the area. Commissioner Barker asked if there was any proposed landscaping on the lots to buffer the path. Smick replied that none was planned. Commissioner Privette asked if there would be access to the ballfields. Smick pointed out that during public use of the field residents would need to park in the parking lot and walk to the fields, the fire access lane would be blocked and used only for emergencies. Chairman Rotty asked if the applicant or the applicant's architect had anything to add to the staff report. Doug Bonar, ISD # 192, stated that he did not have anything to add but would be willing to answer any questions. Chairman Rotty asked if there were any questions or comments from the public. Doug Johnson, 19585 Exceptional Trail, requested more information concerning the borrow pits and also if the ballfields would be lit. Chairman Rotty added to the question asking what mitigation (i.e. noise, dust, etc) efforts would be in place being that the borrow pits and routes would be close to existing residents. . Gared Olson, RLK, Inc., stated that the borrow areas would be located mainly in the south and east portion of the site, depths would range from four (4) to ten (10) feet in depth. Mr. Olson added that the contractor has been made aware of the resident situation 4 . . . Planning Commission Minutes Special/Rescheduled Meeting September 25, 2001 and will be responsible for dust control; adding the contractor would be running eight (8) to possibly ten (10) hour days. Chairman Rotty asked about the haul routes and dealing with resident concerns. Mr. Olson responded that the contractor will need to respect the concerns of the citizens, the routes would be near the easterly property line, but far enough away to (minimize) any impacts. Commissioner Barker asked if a fence was planned along the property line to keep children out. Mr. Olson, RLK, Inc., replied that a silt fence would be put in place, adding that there wouldn't be any slopes greater than 3 to 1. Chairman Rottyasked about the lighting of the ballfields. Robert Binder, AST &R, stated that the ballfields are intended for the use of the elementary school and nothing else at this time, adding that a few conduits would be run out to the fields for plugs. Chairman Rotty asked if there were any other questions or comments from the public. There were none. Rotty asked for any additional questions from the commission. Commissioner Barker asked about the exits and access to the ballfields. Mr. Binder replied that the plan is to have the bus area blocked off during school hours so the area would act as a "hardscape" play area with basketball courts. Mr. Binder added that the children would have access from the cafeteria during recess and an additional access would be available through the building. Commissioner Privette questioned if 19S1h Street would be paved and if were safe for overflow parking. City Engineer Mann replied that the road would be paved and turn-lanes installed. Mr. Mann added that the intent isn't to allow vehicles to park on 19S1h Street during special events, but the City would monitor that situation if were to occur. Chairman Rotty stated that it was his opinion that schools, particularly elementary schools, make good neighbors in residentially zoned areas and did not feel that there would be long term negative impacts on the (adjacent) neighborhood. MOTION by Privette, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by Barker, second by Privette to approve the Conditional Use Permit to allow the construction of an elementary school in an R-I (Low Density) zoning district. APIF, MOTION CARRIED. 8. Chairman Rotty introduced the Preliminary and Final Plat for the new Farmington Elementary School. Planning Coordinator Smick presented the staff report. Smick stated that the plat is proposed for the recently approved elementary school and consists of one (1) platted lot 5 . . . Planning Commission Minutes Special/Rescheduled Meeting September 25,2001 and six (6) outlots on 29.47 acres of the 151.3 1 acres of land south of 19Sth Street. Smick stated that the Engineering Division is requesting a blanket drainage and utility easement be provided for areas outside of the building pad for storm, water and sanitary utilities. Chairman Rotty asked Mr. Bonar if he had any additional comments to the staff report. Mr. Bonar replied that he did not. Chairman Rotty asked if there were any questions or comments from the public. There were none. Chairman Rotty asked if there were any questions or comments from the Commission. There were none at this time. Chairman Rotty reminded the applicant of the concerns raised during the previous item and that the applicant takes them into account during construction of the school. Rotty added that he would support sending the plat forward to the City Council. MOTION by Barker, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Privette, second by Barker to forward a recommendation of approval to the City Council contingent upon: I. A blanket drainage and utility easement is added to the Final Plat covering areas outside the building footprint. APIF, MOTION CARRIED. 9. Chairman Rotty asked if staff had any additional items. Community Development Director Olson reminded the Commission of the joint City Council/Planning Commission workshop on September 26th beginning at 7 p.m. that includes the presentation from Dakota County on the east/west corridor study and also the Zoning Code update. Community Development Director Olson also introduced the new City Administrator Ed Shukle to the Commission. Chairman Rotty welcomed Mr. Shukle to the City on behalf ofthe Commission, adding that he is looking forward to working with him. There being no further business the Commission agreed to adjourn at this time. Respectfully submitted, Michael Schultz Associate Planner {)(!-/- Cf I 21XJ I Approved 6 . . . Planning Commission Minutes Regular Meeting October 9, 2001 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Barker and Privette Members Absent: None Also Present: David Olson, Community Development Director; Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner 2. Chairman Rotty called the meeting to order at 7:00 P.M. 3. Chairman Rotty requested comments on the September 25, 2001 Planning Commission minutes. There were none. MOTION by Barker, second by Rotty to approve the minutes as submitted. YES: Barker, Privette, Rotty; ABSTAIN: Larson, Johnson. APIF, MOTION CARRIED. 4. Commission Chairman Rotty introduced the scheduled public hearing requesting a conditional use permit to construct three twin home buildings within an R-l (Low Density) zoning district for the applicant, M & M Homes. Associate Planner Schultz presented the staff report. Schultz reported that the applicant is seeking approval for the permit in order to construct three building, or six twin home units, on the currently vacant lot located on 213th Street. Schultz stated that the applicant would be required to plat the property if approved, the proposed lots would be 100 feet wide by 193 feet deep (50 foot half lot). Schultz indicated that because the property owner to the west has infringed upon the property, the applicant is willing to negotiate a 20- foot wide sliver of property to be conveyed. Schultz stated that staff is recommending approval of the application based on the three contingencies listed in the report. Chairman Rotty asked if there were any questions or comments from the public. Jackie Franke, 3359 213th Street, asked if the twin homes would be owner occupied and what price range would they be. The applicant responded that they would be owner occupied and be approximately $175,000 - $190,000. Franke asked if off-street parking is required. Planner Schultz stated that the City Code requires a minimum of two off-street parking stalls; the proposed units will have two stall garages in addition to two parking areas in front of the garage. Resident Franke questioned if any preliminary survey work has been completed because there is some confusion in relation to where lot lines are location with the existing lots. . Planning Commission Minutes Regular Meeting October 9, 2001 Schultz presented the survey submitted by Mr. Brekke, the current property owner, which indicates that the westerly property line is abutting the Franke house. The applicant is interested in transferring twenty (20) feet of the property to Franke. Commissioner Rotty explained to Mrs. Franke that the City does not get involved with property line disputes and that situation would need to be resolved between the two parties involved. Mrs. Franke stated that she was concerned placing twin homes along side existing single- family homes. Mrs. Franke asked about the twin homes appearance. Rotty responded that the applicant is proposing single level slab-on-grade units. Cindy Walt, 1016 Pine Street, voiced concerns of the removal of trees and loss of habitat for wildlife in what she sees as a natural area. Chairman Rotty replied that the existing trees are "volunteer" trees that aren't high quality. Rotty explained that a landscape plan would be required along with the platting of the property and would be reviewed at that time. Mrs. Franke asked about the maintenance of the property. The applicant stated that an association would not be formed, each property owner would be responsible for the maintenance of the property. There being no further questions or comments from the public Chairman Rotty requested input from the Commission. . Commissioners Barker and Johnson stated that they thought the twin homes would be a good addition to the area. Commissioner Privette asked about the pending assessment and who was responsible. Community Development Director Olson explained that when the property is platted a development will be drafted and the applicant will need to decide whether to pay those costs up front or in installments. Commissioner Privette voiced concern over the discrepancy in the property lines and how it could effect the (subject) property. Community Development Director Olson replied that it is not the City's policy to become involved with property line disputes and the two parties would need to resolve the matter prior to submittal of a plat. The theory is that platting of property "cleans up" situations like this. Mrs. Juaire stated that the preliminary title work has cleared on the property. The applicant added that the twenty feet would be preserved as an outlot. Commissioner Larson stated that he felt single-family homes would blend into the existing homes along 213th Street better than the proposed twin homes. . Chairman Rotty asked about the requirement to increase the garage size and how that would effect the layout and unit size. The applicant responded that they would push the garage out to meet the requirement. 2 . . . Planning Commission Minutes Regular Meeting October 9,2001 Chairman Rotty asked about the sewer and water stubs to the property. Schultz stated that the existing stub outs should work, the I-inch water line should be adequate to serve a two-unit building. Rotty asked if there were any more questions or comments. There were none. MOTION by Larson, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Barker, second by Johnson to approve the Conditional Use Permit to construct three (3) twin home buildings within an R-I (Low Density) Zoning District contingent upon the following: 1. The applicant indicate the trees to be preserved in the rear of the property on the Landscape plan to be included with the Preliminary and Final Plat; 11. The applicant include landscaping along both the easterly and westerly property lines in order to buffer the proposed use from the existing homes; lll. The garage area of each unit is increased to a minimum of 440 square feet as required in Section 10-8-5 (C) of the City Code. ROLL CALL; YES: Rotty, Johnson, Barker; NO: Privette, Larson. MOTION CARRIED. 5. Chairman Rotty introduced for discussion the 2005 MUSA Review Committee Recommendation. Community Development Director Olson presented the staff report on the MUSA Review Committee. Olson stated that the Committee has made the following recommendation to be forwarded to the City Council. I. That 250 acres of additional acres be designated in southern portion of the SeedINewland Orderly Annexation Area to promote the extension of 195th Street. II. The previously approved exceptions to the MUSA Review process are also approved. (These include the designation of MUSA for the new ISD 192 Elementary School, the Farmington Lutheran Church, the southern portion of the Middle Creek PUD, and the remaining portion of the Industrial Park.) III. The remainder of the 2005 MUSA will be banked and considered for designation in the future. IV. The designation of only a portion of the available 610 MUSA acres will allow for planned and orderly growth in the Farmington. V. A MUSA Review Committee will reconvene in 12 months to review additional areas for possible MUSA designation. Commissioner Larson asked the flood plain and wetlands have been delineated to determine how much of that land would not apart ofthe 250 acres. Olson replied that the developer is in the process of determining those boundaries at this time. Chairman Rotty spoke in favor of the formation of the MUSA Review Committee and the process that followed. Rotty discussed each of the proposed recommendations and 3 . . . Planning Commission Minutes Regular Meeting October 9, 2001 explained the reasoning behind them. Chair Rotty stated that it was his opinion that the recommendations made were in the best interests of the city. MOTION by Barker, second by Johnson to forward a favorable recommendation to the City Council concerning the 2005 MUSA Review Committees recommendations as outlined within the staff report. APIF, MOTION CARRIED. 6. There being no further business the Commission agreed to adjourn at this time. Respectfully submitted, Michael Schultz Associate Planner Approved 4 . . . Planning Commission Minutes Speci~l Meeting October 23,2001 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; Lee Mann, Public Works Director/City Engineer; Michael Schultz, Associate Planner 2. Chairman Rotty called the meeting to order at 7:00 P.M. 3. Chairman Rotty opened the public hearing for the variance application to encroach twenty-five (25) feet in the side yard setback adjacent to residentially zoned property. Associate Planner Schultz presented the staff report. Schultz stated that the applicant, Dakota Storage, LLC, is seeking the twenty-five (25) foot variance for a portion of the westerly end of the proposed building. Schultz explained that a majority of the building meets the fifty (50) foot required setback, but because of a jog in the property boundary the applicant claims the setback requirement limits the location ofthe proposed building. Schultz explained that the applicants are restricted to pushing the building north due to required building separation needed between the two buildings and constricted due to the east with the existing storm water pond. Planner Schultz stated that the first contingency listed in the report is no longer feasible because of required storm water piping needed. Mr. Mann explained that staff calculated the existing storm water pipe is near capacity and can take any additional. Chairman Rotty asked if the applicant had anything to add to the staff report. Mr. Kiehm, Dakota Storage, did not have any additional comments. Commissioner Larson asked City Engineer Mann if the pond could be moved (to the north) to allow the building to be positioned to meet the required setbacks. Mr. Mann explained that a truck turnaround is proposed adjacent to the pond that is needed to access the rear docks. Mr. Mann added that the subject pond is proposed to be expanded to meet future storm water runoff needs as part of the City's Storm Water Comprehensive Plan. Chairman Rotty asked if there were any questions from the public. There were none. Rotty asked if there were any questions from the Commission. Commissioner Johnson asked if contingency #1 in the report is moot at this time due to the storm water piping requirement. Schultz stated that that was correct. . . . Planning Commission Minutes Regular Meeting October 23,2001 Chairman Rotty asked what the distance would be between the building and the townhouses directly to the south. Schultz stated that he would estimate fifty feet between buildings. Chainnan Rotty asked why the racking system was so important (to need a variance). A representative from Marigold Foods explained that the racking layout is designed to be the most efficient based on a building with ninety-degree angles. If the building needs to be angled, they estimate a loss of 100 racking spaces or about a week's worth of product. The alternative would be to store refrigerated trailers on the property. Essentially it would be a loss in efficiency and a loss of operating costs. Commissioner Larson asked how close the proposed buildings are now and how close can they get. Planner Schultz stated that they are shown approximately forty (40) feet apart. Schultz stated that the Building Official is reviewing the required separation, but it is estimated that they are at the minimum desired according to the state fire code. Commissioner Barker asked if there were any comments from the existing residents. Schultz explained that there were no existing residents at this time but did talk to the developer who only requested that proper screening be installed. Commissioner Johnson stated that the variance request may be more of an issue if it were the entire building, but because it only consists of two small portions that he has less issue with the request. Commissioner Larson agreed with Commissioner Johnson that the encroachment is minimal but still expressed a desire to find an alternative in order to.meet the (minimum) . setbacks. Chairman Rotty asked about proposed screening of the building. Schultz stated that a plan was submitted but the applicant is willing to allow suggestions from staff that are within reason. Chainnan Rotty asked staff and the applicant to consider heavy screening to an extent to appease the current and future homeowners. Schultz asked if a solid fence or dense vegetation was preferred. Rotty stated with the split entry homes, a six or eight-foot fence solely may not screen the building. Discussion continued over the direction of the screening requirements of the project. Rotty directed staff to work with the applicant for the most appropriate screening. MOTION by Johnson, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Barker to approved the twenty-five (25) foot variance to encroach contingent that the applicant submit a landscape plan meeting the requirements of Sections 10-6-13 and 10-6-14 of the City Code and approved by City Staff. APIF, MOTION CARRIED. 5. Planning Commission Chair Rotty introduced for discussion the Final Plat for Meadow Creek First Addition. 2 Planning Commission Minutes Regular Meeting October 23,2001 . Planning Coordinator Smick presented the staff report. Smick stated that the applicant is seeking Final Plat approval for 35 single-family lots which is less than the original 175 lots approved as part of the Preliminary Plat. Smick stated that a condition of the preliminary plat approval required that corrections and improvements to the grading and drainage problems in Prairie Creek 4th Addition be addressed and restoration of the affected properties be performed during the grading of the Meadow Creek project. Smick stated that City Engineering Division has reviewed the revised grading plan and is recommending approval of the plat contingent upon identifying Outlot A as a pond and addressing minor engineering comments. Chairman Rotty asked City Engineer Mann if he wanted to clarify the Engineering comments. Engineer Mann stated that the two major issues that needed to be addressed was ensuring that the proposed storm water ponding system was sufficient and would work accordingly which staff is now acceptable. Mann than stated that staff has reviewed the additional data concerning the issues relating to the rear properties of those residents in Prairie Creek 4th Addition. Mr. Mann stated that those issues will be addressed concurrently with the improvements of the proposed lots even though (the subject lots) lie outside the scope of the Final Plat; the details of which will be included in the development contract. . Mike Olson, project manager Progress Land Co., commended staff on their efforts and feels that resolving the engineering issues of the properties in Prairie Creek 4th Addition are fair. Chairman Rotty voiced approval of the efforts of both sides to resolve the matter involving the residents in the 4th Addition. Commissioner Barker asked for clarification on when grading would start on the project and if "concurrent" means working on the resident yards at the same time. Warren Isrealson, Progress Land Co., stated that they would still like to break ground this year. Mr. Mann offered to explain that the developer would be held responsible for completion of all engineering requirements before any building permits would be issued and that those terms would be given with the developer's contract. Chairman Rotty asked if there were any other questions or comments from the Commission. There were none. MOTION by Larson, second by Johnson to forward a recommendation of approval to the City Council contingent upon the following: 1. Show the pond as Outlot A. 2. Address any engineering comments that are required for the final plat. APIF, MOTION CARRIED. . 3 . . . 6. Planning Commission Minutes Regular Meeting October 23, 2001 There being no further business the Commission agreed to adjourn at this time. Respectfully submitted, Michael Schultz Associate Planner Approved 4 . . . Planning Commission Minutes Regular Meeting November 13, 200 I 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 and Michael Schultz, Associate Planner 2. Chairman Rotty called the meeting to order at 7:00 P.M. 3. Chairman Rotty requested comments on the October 9, 2001 Planning Commission minutes as submitted by staff. There were none. MOTION by Larson, second by Johnson. APIF, MOTION CARRIED. 4. Planning Commission Chair Rotty introduced the Riverbend Preliminary Plat. Rotty asked about the proposed continuance of the public hearing. Planning Coordinator Smick stated that because the proposed plat is adjacent to a possible County Roadway Corridor staff forwarded the plat to the Dakota County Plat Commission for their review and comments. The Plat Commission has requested that the developer preserve right-of-way for the possible roadway corridor and resubmit the plat for review. Smick stated that staff is recommending tabling the plat until the proper revisions can be completed and the County Plat Commission can complete their review. MOTION by Larson, second by Barker to continue the public hearing to the December 2,2001 Planning Commission meeting. APIF, MOTION CARRIED. 5. Planning Chairman Rotty presented the Charleswood 6th Addition Preliminary and Final Plat from Newland Communities. Planning Coordinator Smick presented the staff report. Planner Smick stated that the plat is a result of a property line adjustment with the adjacent property owner. Smick stated that a fence, owned by Bob Donnelly, currently exists on Lots I & 2, Block 1 and Lot 1, Block 2 of Charles wood 4th Addition. Chairman Rotty asked if Steve Juetten, Newland Communities, had any additional comments. He did not. Chairman Rotty asked if there were any questions or comments from the public. There were none. Chair Rotty asked why no corrections were needed for Lot 19 (Block 1). Mr. Juetten replied that the fence actually meandered along the (westerly) property line, resulting in the replat of the lots. Rotty asked ifthere were any other questions from the Commission. There were none. Planning Commission Minutes Regular Meeting November 13, 2001 MOTION by Barker, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Larson to forward a recommendation of approval to the City Council for CharIeswood 6th Addition Preliminary and Final Plat. APIF, MOTION CARRIED. . 6. Planning Commission Chairman Rotty introduced the Middle Creek Estates Prelimit:lary Plat from D.R. Horton and Arcon Development. Associate Planner Schultz presented the staff report. Schultz stated that the plat consists of twenty-six (26) single-family lots and is apart of the overall Middle Creek Planned Unit Development. The proposed plat is located west of Akin Road and south of the Pine Knoll neighborhood and is surrounded by wetlands to the east, west and south. Schultz indicated that the developer is proposing a 1,410 foot long cul-de-sac and is seeking a variance (during the next public hearing). Planner Schultz stated that the access to the development requires a land swap with an adjacent property and has been agreed upon by that property owner. Schultz discussed the issues forwarded by the Fire Chief. Schultz stated that staff reviewed the comments and feels the proposed 30- foot wide roadway still would allow for the required 20-foot drive lane, with parking restricted on one side. Schultz also stated that the likelihood of on street parking would not be prevalent with three (3) stall garages likely in all of the homes. Planner Schultz stated that the Heritage Preservation Commission forwarded comments relating to the abandoned cemetery that abuts the northern property line of the plat. Schultz stated that staff has reviewed the comments and has determined that the cemetery is owned by the Farmington Presbyterian Church and that the property boundaries would be determined by the developer during staking of the property corners. Schultz added that access to the cemetery would be allowed through the City property along Eaves Way and through the dedicated Outlot A. . Schultz suggested recommendation of the Preliminary plat based on the listed contingencies. Commission Chair Rotty asked if the developer had any additional comments to the staff report. Mike Suel, D.R. Horton, stated that they knew there were issues to address concerning the cemetery and access to the property. Mr. Suel did request what the tree survey needed to consist of. Lee Smick stated that it would be similar to the tree inventory conducted in a prior plat within the Middle Creek development and that staff would be contacting the developer to coordinate the details of the survey. Commission Chairman Rotty requested any questions and comments from the public. Scott Sauter, 20637 Akin Road, asked what the intent of the use of the property directly behind the lots along Akin Road. . 2 . Planning Commission Minutes Regular Meeting November 13,2001 Mr. Suel responded that the developer has no intentions to develop that portion of the property and intends to leave it natural, no grading is planned. Chairman Rotty asked about the pond excavation. Mr. Suel responded that there would be some removal of vegetation where the pond is planned but the vegetation along the property lines would be preserved. Mr. Sauter asked if the City Parks and Recreation Department had any trails planned. Planner Schultz stated that the Parks Department has no plans at this time to construct a trail around the (easterly) wetland. Chairman Rotty asked if there were any additional questions from the public. There were none. Chairman Rotty asked for questions and comments from the Commission. Commissioner Larson asked about the MN DNR's request for overland drainage into the wetlands. Schultz stated that it was City Engineering's policy to require storm ponding facilities to treat storm water drainage before it flows into wetland basins. Commissioner Larson asked about the spacing of the fire protection. Schultz stated that suggested hydrant spacing should not be a problem to correct. Larson asked about the trailhead and how far it would be stubbed. Schultz stated that the trail would be constructed through the future park space. . Larson asked about the proposed road width (28 feet face-to-face) and if the Fire Department is comfortable with the width. Schultz replied that the 28-foot wide road width is a permitted road width and staff feels comfortable with that width due to the low level of traffic from the development. Planner Smick reminded the Commission of the review process conducted last year in which the Commission and Council were agreeable to a 28-foot wide road width with restricted parking on one side and a sidewalk constructed on the other. Commissioner Johnson and Barker stated that their questions were answered. Chairman Rotty asked about the possible future road extension through the Hanson property. Schultz stated that the cul-de-sac could possibly extended into the Hanson property, although only a portion of the property is developable. Schultz stated that the developer is preserving an outlot at the end of the roadway to allow for a future extension. Schultz stated that there could be future roadway spacing problems if that roadway would connect out to Akin Road. Chairman Rotty asked if the landscaped center island was eliminated upon the request of the Fire Chief. Schultz stated that it was staffs opinion that because other landscaped cul-de-sac islands were approved within the first several phases of the Middle Creek development, and within other developments in the city, it was suggested to remain. Schultz did state that the cul-de-sac radius was increased from 90-feet to lOO-feet to accommodate the islands. . 3 Planning Commission Minutes Regular Meeting November 13,2001 Chairman Rotty asked about the status of the resolution with the property owner concerning the land swap for road access and the relocation of the property owner's driveway. . Mr. Sue! responded that at the time of final plat the land swaps should be resolved. Mr. Suel stated that it would be up to the property owner for his preference to the location of his driveway (either off of Akin Road or the proposed cul-de-sac). Chairman Rotty asked about the completion of the wetland mitigation permit. Keith Willingbring, Pioneer Engineering, stated that a wetland inventory and mitigation proposal has been completed as part ofthe PUD review, but the application has not been approved concerning the proposed banking sites. Chairman Rotty asked about the cemetery being turned over to the City. Schultz stated that Karen Finstuen is working with the Heritage Preservation Commission on researching the possibility of accepting the property as a gift. Discussion continued over the future use, costs and maintenance of the cemetery if the City accepted it. Schultz stated that the City would likely preserve the cemetery in its natural state with the possibility of wood chip trail. Chairman Rotty asked about the timing of completion of the tree inventory. Planner Smick replied that it would be completed before Final Plat approval and that no trees would be removed prior to its completion. Rotty voiced concern over approving the plat prior to completion of the tree inventory and the adoption of the tree preservation ordinance but felt there was little the Commission could do at this time. Mr. Suel added that this project was unique in that more trees would be preserved due to the natural topography of the property and the existence of the wetlands as drainage areas, requiring less grading for rear yard swales. . Commissioner Larson requested that a tree preservation plan be added to the requirement of a tree inventory. Chairman Rotty asked again if there were any additional questions from the public. There were none. Rotty asked if there were any additional questions from the Commission. There were none. MOTION by Johnson, second by Privette to close the public hearing. APIF, MOTION CARRIED. Discussion took place concerning the effects of tabling the plat would be on the developer and how it would benefit the Commission. Mr. Suel responded that it would push the development dates back. Chairman Rotty stated that the Commission is only looking out for the best interest of the City and is reluctant to forward the plat onto the City Council with so many contingencies. Planner Smick went through the list of contingencies stating that many of the contingencies have already been resolved with the developer even though they do not appear on the presented plans but would before going to City Council. Commissioners Johnson, Barker and Privette voiced they were more comfortable forwarding the plat on to the Council the many of the contingencies already addressed. Commissioner Larson . 4 . Planning Commission Minutes Regular Meeting November 13,2001 stated that he was still not comfortable forwarding the plat on to the Council with the given contingencies. MOTION by Privette, second by Johnson to forward a recommendation of approval for the Middle Creek Estates Preliminary plat contingent upon the following: 1. All Engineering comments are addressed as given within the letter dated October 22, 2001 from Lee Mann, Public Works Director/City Engineer that include: 1. The developer should realign the driveway of the existing home located to the north of the access to Akin Road in order to access from the proposed roadway. This will allow a safer turning lane into the development; Il. The developer needs to determine where wetland mitigation will occur for the impacts on wetland #2; Ill. Additional fire protection coverage should be added for Lots 13 and 14, Block 2 to cover the minimum 225-foot radius from hydrants. 2. The developer address all comments given in within a letter dated October 30, 2001 from Lee Smick, Planning Coordinator that include: . 1. Outlot A be split into wetland area and parkland dedication; n. A Conservation Easement be dedicated to protect the vegetation; Ill. Require a tree inventory to determine removal limits of trees on the property; lV. Require a sidewalk on one side oftpe 28-foot wide street; v. Additional landscaping be required surrounding the storm water management pond in Outlot G; 3. The Parks & Recreation Division recommends a trail be installed between Lots I & 2, Block 2 within the 20-foot wide drainage & utility easement; 4. The developer address comments from the Heritage Preservation Commission involving the identification and protection of the Presbyterian Cemetery that include staking of the cemetery boundaries and survey verification of the grave sites; 5. No grading permits be approved until a tree inventory and plan is reviewed by the Commission and approved by staff. APIF, MOTION CARRIED. 6. Chairman Rotty introduced the variance for the proposed 1,410-foot cul-de-sac as part of the Middle Creek Estates Preliminary Plat. Planner Schultz presented the staff report. Schultz stated that the property is essentially land locked due to the existing natural features surrounding the proposed development. Schultz indicated that wetlands exist to the east, west and south of the development. Also the existence of the Pine Knoll neighborhood and the single-family lots along Akin Road make it difficult for alternative road accesses. Chairman Rotty asked if there were any questions or comments from the public. There were none. . 5 Planning Commission Minutes Regular Meeting November 13,2001 Chairman Rotty asked if there were any questions from the Commission. There were none. . Chairman Rotty stated that the new Zoning Code would allow for cul-de-sac lengths to be extended up to 600-feet. The Commission agreed that this was unique piece of property with unique features making it impossible for alternative road accesses. MOTION by Larson, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Privette to approve the 910-foot variance for the length of cul-de-sac within the Middle Creek Estates plat. APIF, MOTION CARRIED. 7. Chairman Rotty stated that the discussion item concerning recreational vehicle parking would be conducted during a joint City Council and Planning Commission workshop. Smick stated that the dates selected would be either February 13, 2002 or March 13, 2002. The Commission agreed to forward both dates onto the Council for possible open dates. 8. There being no further business the Commission agreed to adjourn at this time. Respectfully submitted, . Michael Schultz Associate Planner Approved . 6 RESIDENT SIGN-IN SHEET PLANNING COMMISSION MEETING NOVEMBER 13,2001 Resident Name Address 1 /r~ 11 13 14 15 16 17 18 19 20 21 '22 23 24 25 . . . 2. 3. Planning Commission Minutes Regular Meeting December 11,2001 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 and Michael Schultz, Associate Planner Chairman Rotty called the meeting to order at 7:00 P.M. Chairman Rotty requested comments on the October 23,2001 Planning Commission minutes as submitted by staff. There were none. MOTION by Johnson, second by Barker. ROLL CALL - YES: Rotty, Larson, Barker, Johnson; NO: None; ABSTAIN: Privette. MOTION CARRIED. Rotty opened all three advertised public hearings at this time. 4. Planning Commission Chair Rotty introduced the application to rezone property from R-2 (Medium Density) to B-3 (Heavy Business). Associate Planner Schultz presented the staff report for the applicant, Colin Garvey, for the property located within Block 30 of the original town of Farmington. Schultz stated that because of factors relating to an incomplete zoning application and missed posted public hearing within the Farmington Independent, staff is recommending a continuance of the public hearing to the next regular meeting in January. Schultz stated that the City Attorney recommended that public testimony could be taken but the Commission should allow for the 10-day public notice to be posted. Chairman Rotty indicated that he would take pubic testimony in case some citizens would be unable to attend the January meeting, adding that no decision would be made at [tonight's] meeting. Rotty asked if the representative from the Landscape Depot had any comments. Rob Kirk, Manager of Landscape Depot, stated that the owner is seeking permission for temporary storage of sand and salt on the property that some of the contractors use during the winter; any screening requirements would be met with approval. Chair Rotty stated that the Commission could not legally act on such a request because it would be in violation ofthe [Zoning] Ordinance. William Stiles, 421 Main Street, questioned weight limits along Main and 51b Streets and that residents should not be responsible for any assessments for the upgrade. Also stated concerns of lost property values with the commercial use and the safety of children in the area. Commissioner Larson asked what the weight restrictions were in that area and what size trucks are used for deliveries. Planner Smick stated that staff would need to research that question and get back to the Commission. Mr. Kirk stated that the typical truck used to bring Planning Commission Minutes Regular Meeting December II, 200 I the materials in and out of the site would be a tandem dump truck, approximately 15 tons. Larson asked about contractor's trucks. Mr. Kirk stated that they would approximately be 1 to 5 ton. . Commissioner Larson asked if Marigold Foods uses the same streets [for truck routes]. Staff replied that they do. Tom Hemish, 413 Main Street, asked what the zoning is for Dakota Lumber and Marigold Foods and what the buffer requirements would be for commercial along a residential zoning district. Schultz replied that Mr. Hemish's property is zoned R-2 and the zoning for Marigold and Dakota Lumber is I-I (Light Industrial). The 2020 Comprehensive Plan does show Business as the future use of the proposed rezoning properties. Schultz added that the Code requires 100% screening between commercial and residential uses with fencing and/or landscaping. Chairman Rotty asked if there were any other questions from the public. There were none. Rotty reminded those attending that additional public testimony would be taken in January. MOTION by Larson, second by Privette to continue the public hearing to the January 8, 2002 Planning Commission meeting. APIF, MOTION CARRIED. 5. Planning Chairman Rotty presented the variance application to encroach within the required 50-foot setback for Marigold Foods. Associate Planner Schultz presented the staff report. Schultz stated that the applicant is . seeking a forty (40) foot variance to construct a new ground level power transformer to replace the existing overhead transmitter located on power poles next to the building. Schultz stated that staff discussed the issue of definition of "structure" admitting that is was somewhat vague when it involved the proposed use. Schultz added that it was the City, Attorney's opinion that power supplies could be viewed as an accessory use. Schultz stated that either way, staff and the applicant wanted to ensure that the proper requirements were being met and variance approval would resolve those questions. Chairman Rotty asked if the representative of Marigold Foods had any additional comments. He did not. Rotty 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 Privette asked if the Fire Marshall had reviewed the proposal and made any recommendations. Planner Schultz stated that he did review it and requested only that they follow State Building and Fire Code guidelines, specifically the spacing ofbollards if required. Commissioner Larson asked if the structure[s] would hinder any site lines from any public intersections or for the trucks entering and existing Marigold. . 2 . . . Planning Commission Minutes Regular Meeting December 11,2001 Schultz replied that the structures still are proposed to be setback from the property line but the units would not encumber and site lines from the public roadway or of the truck staging area. Commissioner Barker asked if there would be any fencing [around the transformers]. Schultz replied that fencing is not required but the applicant would be acceptable to installing it if the Commission felt it necessary. Rotty stated that fencing could cause problems to gaining access to the units and also could cause possible site line concerns (being taller than the units). Commissioner Johnson questioned the possible closing of the southern parking access and the required installation of boulevard trees. Schultz replied that the applicant would now likely close the southern access and re-establish the area with sod and boulevard trees. Chairman Rotty questioned if essential services should be viewed as structures and directed staff to review the language in the Code for revisions, but added that this [hearing] did provide an opportunity to review the situation. MOTION by Privette, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Barker to approve the 40-foot variance to construct a ground level power transformer for the Marigold Foods facility contingent upon the following: 1. The property owner must install proper protection around the units per the MN Fire Code and approved by the City's Fire Marshall; 11. The property owner must demonstrate that there would be no net loss in off-street parking and that the vehicular circulation of the site is still feasible; lll. If the south drive is shut off from use, the property owner will be required to install turf and boulevard trees on the boulevard. APIF, MOTION CARRIED. 6. Planning Commission Chairman Rotty introduced the Riverbend Preliminary Plat for Newland Communities. Planning Coordinator Smick presented the staff report. Smick stated that the applicant is proposing to plat 140 single-family lots on 107.23 acres of land located west of Dakota County Estates. Smick presented information on proposed lot sizes, housing characteristics, population projections, traffic analysis, wetlands, floodplain and parks and trails. Planner Smick stated that the Dakota County Plat Commission has requested that the developer preserve a seventy-five (75) foot wide half right-of-way for the possibility of a future east-west roadway. Smick stated that the County is currently completing an east-west corridor study that is identifying future roadway locations. The proposed north-south roadway ...,. 3 Planning Commission Minutes Regular Meeting December II, 200 I in the plat would connect to the possible future roadway. Smick did indicate that the City of Lakeville is not in support of the proposed location of the east-west roadway. . Chairman Rotty asked ifthere were any questions or comments from the public at this time. Pat Hanson, 5071 Upper 182nd Street, questioned the width of the roadways in relation to safety concerns and handling of increased traffic. . Staff pointed out that the roads are 32-feet wide and sufficient to handle the projected traffic. Rotty added that the County is working on the east-west roadway to take that traffic out of Dakota County Estates. Rotty also stated that the developer has reduced the number of homes from the original concept. Mr. Hanson stated that the development should wait until the east-west roadway is constructed. Hanson voiced concern that there are no sidewalks within the current road system for children to safely walk. Kim Griffith, 18180 Echo Dr, voiced concern of the process involving the traffic studies [along the likely routes of travel] suggesting that two counters should have been in place at the same time at 182nd Street or 180th Street [at her intersection] and not at the same time. Voiced concern over the speed and number of vehicles traveled along that road. Rotty stated that he was earlier referring to the original traffic study [as part of the PUD] and explained that if there were enforcement issues the Police Department should be contacted. Mrs. Griffith also voiced concern over the proposed pond in the back yard questioning if was . designed properly to handle storm events. Rotty replied that the City Engineer is not present but would rely that the Engineering Division would accept the ponds if properly sized and designed. Bill Prinz, 5038 Upper 182nd Street, stated that he too would be in support of delaying the project until the east-west roadway in Lakeville was constructed. Voiced concern of children safety and the traffic controls at the Upper I 82nd and Echo Street intersection. Commissioner Privette questioned the process and timing of the Flood Plain study and FEMA Application. Planner Smick stated that the study would be forwarded to FEMA for review and approval and would take approximately 30 to 60 days. Commissioner Johnson asked about the timing of the phases. Steve Juetten, Newland Communities, stated that grading would begin in the spring with utilities installed for half of the development in 2002. Home construction would start late next year with occupation of those homes in 2003. In 2003 the remaining lots would be serviced and home construction to begin shortly after. Final home construction projected for 2003 and 2004 possibly out to 2005. Rotty asked if the phasing would begin in the north and south. Juetten replied that that had not been determined because of the issue of sanitary sewer connections. . ...,. 4 . . . Planning Commission Minutes Regular Meeting December 11,2001 Commissioner Barker asked about Outlot B and the open space contained within it and who would be maintaining that area. Planner Smick stated that the area was an access point to the pond that would eventually be dedicated to the City and that it also containing landscape buffering. The City would ultimately be responsible for the maintenance of the ponds. Commissioner Johnson asked that the construction of the ponding within the project would help mitigate the storm water in the area. Smick replied that the proposed ponds are designed to take the flows from the proposed development as well as serve as an outlet to the existing pond in the northeast corner of Dakota County Estates. Chairman Rotty stated he felt the developer had made all of the necessary revisions from the original plat to make this development work. Rotty added that although it would be desirable to have the east-west roadway prior to development, it wouldn't necessitate the County to construct it. MOTION by Privette, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Barker, second by Johnson to forward a recommendation of approval to the City Council contingent on Engineering Division comments. APIF, MOTION CARRIED. 6. Chairman Rotty introduced for discussion the Vermillion Grove 2nd Addition Final Plat for Rottlund Homes. Planning Coordinator Smick presented the staff report. Smick informed the Commission that the plat consists of 41 single-family units, 76 garden townhomes and 88 villa townhomes and is apart of the overall Vermillion Grove Planned Unit Development. Smick stated that one of the major Issues that needs to be resolved involves the connection of sanitary sewer to the existing residents located along Akin Road and where it would be located. Smick stated that this issue would need to be resolved before final plat approval. Smick also pointed out Lots 11 and 12, Block 2, owned by Dale Pettis, were included in the plat in order to split the property into two lots and to exchange property from the developer to correct building encroachments from the Pettis property. Smick stated that the driveway from the existing property would be relocated to 198th Street and the new lot would be allowed access out to Akin Road. Chairman Rotty asked if the developer had any additional comments to the staff report. Mr. Noonan replied that he did not but would be available for public questions. Alan Corrigan, 19715 Akin Road, stated that if sewer was installed on the west side of Akin Road it would have to be situated between the existing utilities and if were located on the east side of the road it would have be bore under the road, which could be cost prohibitive. Rotty stated that the location of the sewer along the rear property lines appears to be the preferred route. Chair Rotty asked ifthere were any questions from the Commission. Commissioner Privette voiced concern over forwarding a recommendation onto the City Council without finalized sewer plans. """" 5 Planning Commission Minutes Regular Meeting December 11, 200 I Rotty stated that it was his understanding that the final plat would not be presented to the City Council until a resolution was approved. Mr. Noonan replied that he was in agreement with . that provision but added that the City must make the decision on the design and location of the sewer. The Commission and staff discussed the possibility of adding a contingency that required resolution of the sanitary and landscape plan before bringing it to the City Council. Commissioner Larson questioned if the 22 and 24- foot wide streets were acceptable to the solid waste department and for school buses. Smick replied that those issues were reviewed at the preliminary plat and no comments were forwarded to staff. Commissioner Barker asked if there is a verbal or written agreement between the developer and Mr. & Mrs. Pettis. Mr. Noonan responded that there is an executed agreement for the land exchange. Discussion continued over the proposed contingency language as part of the plat approval. MOTION by Johnson, second by Privette to approve the Vermillion Grove 2nd Addition Final Plat contingent upon the following: 1. Require a resolution of sanitary sewer location and landscape plan for homes along Akin Road before it reviewed as a Final Plat at the City Council; 11. Any Engineering comments APIF, MOTION CARRIED. . 7. Chainnan Rotty introduced for discussion only the Middle Creek East sketch plan as part of a site plan review process that is proposed under the new Zoning Code update. Rotty stated that the site plan review would be in effect for reviewing multi-family, commercial and industrial developments within the city. The Commission and staff began discussion concerning what aspects of the site plan would be included as part of the initial review process. Staff stated that they are seeking discussion to begin a checklist of what to review. Planner Schultz presented a base checklist to begin with to initiate discussion. The Commission and staff proceeded to review the site plan and made additions and subtractions from the base checklist presented by staff. 8. There being no further business the Commission agreed to adjourn at this time. Respectfully submitted, Michael Schultz Associate Planner Approved . 6