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HomeMy WebLinkAbout11-15-79 • OF LAKEVILLE CITY .Planning Commission Meeting November 15, 1979 The meeting was called to order at 7:30 p.m. by Chairman John Asmus. Roll ca11 was taken. Present: Commission members Antolik; Asmus; Geisness; Enright; Harvey. Absent:. Johnson. Also present: Roger Knutson, City Attorney; LeRoy Nyhus, City Engineer; Sid Miller, City Building Official; David Licht, City Planner. 79.163 Motion was made by Antolik, seconded by Geisness, to approve the minutes of the 1 November 1979 Planning Commission meeting. ROIL cal ( was taken on the motion: Ayes: Antolik, Asmus, Geisness, Enright, Harvey. At this time Chairman Asmus opened the public hearing on Lake Villa Golf Estates • conditional use permit for a planned unit development within an R-16 District. Mr. Knutson attested to the validity of the hearing. Mr. Watschke and Mr. Dale • briefly described the project and the purpose of the request. Mr. Dale stated that the proposed deed restrictions will be expanded to include all conditions imposed as part of the planned unit development, plus the developer's agreement. He also stated that the developer would prefer that the City complete the required environ- mental assessment worksheet to ensure an objective evaluation. Commissioners Asmus and Harvey questioned the provision in the proposed deed restrictions which would permit amendment of the document by a seventy-five percent vote of the members of the association or committee.. Commissioner Geisness questioned who would comprise the architectural committee and whether the committee would change into a homeowners association at some point in time. Mr. Watschke replied that initially the architectural committee would be comprised of the developer and participating builders and that their main concern was housing design and site planning. The Chairman questioned whether there was any comments from the audience. The number of lots under 20,.000 square feet was questioned and Mr. Licht responded by stating that 64 lots were between 15,000 square feet and 20,000 square feet and indicated their dispersed location on the plat. 79.164 Motion was made by Harvey, seconded by Enright, to close thepub)is hearing. Ayes: Unanimous. • Mr. Knutson advised that separate motions should be made on each request. 79.165 Motion was made by Enright, seconded by Harvey, to recommend approval of the • conditional use permit for a planned unit development within the R-1B District. for the .Lake Villa Golf Estates subject to the strengthening and clarifying of the deed restrictions on the property prior to approval of the final plat and the conditions stipulated in the City Attorney's letter of 13 November 1979 and the City Planner's report of 13 November 1979. Role call was taken on the motion: Ayes: Asmus, Geisness, Enright, Harvey, Antolik. • r t . • i. • CITY OF LAKEVILLE Planning .Commission Meeting ' November 15, 1979 ..79.166 Motion was made by Harvey, seconded by Antol ik, to recommend approval of the .vacation of the streets requested within the proposed Lake Villa Golf Estates plat subject to the 13 November 1979. Planner's report. Rol I cal I was taken on the motion: Ayes: Geisness, .Enright, Harvey, Antol ik, Asmus 79.167 Motion was made by Harvey, seconded by Enright, to recommend approval of the rezoning of 0utlot A from R-1$ to R-3B within the proposed Lake Villa Golf .Estates plat subject to the 13 November letter from. the -City Attorney and the report from the Ci#y Planner. Roll call was taken on the motion: Ayes: Enright, .Harvey,. Antolik, Asmus, Ge isness • 79.168 Motion was made by Antol ik, seconded by Enright,. to recommend approval of, the Lake Villa Golf Estates preliminary plat subject to the conditions stated in the City Planner's report of 13 .November 1979'. • RoII call was- taken on the motion.: Ayes: Harvey, Antol ik, Asmus, Geisness, Enright. The. applicant: was advised by the Chairman that the matter would come before the City Council at their 3 December meeting. Chairman Asmus opened the public hearing on Mike Cannon's conditional use per- mt request to enlarge his outside sales and storage. operation located at 8745 210th Street . Mr . Knutson attested to the validity of the hearing . Mr . Gannon explained his request involved an expansion. of his operation which was approved several years ago by the City. Chairman Asmus questioned whether Mr. Gannon concurred with the. stipulation and conditions suggested in the City Planner's report of 8 November 1979.. Mr. Gannon stated that two items were of a concern. First,. the fuel: storage tanks are currently utilized and second, there may be possible problems with maintaining the clear zone to be provided for traffic visibility. Mr. Licht responded that as long as cars. were parked behind the rail fence, no problems existed with regard to traffic visibi ity. Mr. Goodermont, the former City Building Official had checked this problem some years-.ago and determined setbacks were in compliance with the ordinance. Mr. Licht suggested that item 7 of his recommendations in the 8 November report be changed to indicate that if utilization of the fuel storage tanks ceased that the tanks should be removed or filled according to state law. Mrs. Miller and Ms. Dorothy Gannon questioned the noise which would be created by the expanded operation and whether the proposed fence would provide adequate protection. Mr. Licht responded that the noise was not considered to be a problem from the Gannon operation. The street traffic was more likely a major source if a problem does exist. Mr. Licht showed Mrs. Miller the proposed screening plan which did not extend across the side of her .property. She indicated agreement with the proposal . Mr. Nyhus stated that his analysis had concluded that there should be no drainage problemswth the project. • 79.169 IVbtion was made b Enri ht, seconded b Antolik, to close the ublic hearin on Y 9 Y P 9 Mike Cannon's conditional use permit for outside storage. Roll cal I was taken on the. motion: Ayes:. unanimous . Commissioner Johnson arrived at 8:15 p.m.- 2 • • • ` CITY OF LAKEVIILE • Planning Commission Meeting November 15, 1979 79.170. Motion. was made by Geisness, seconded by Antol ik, to recommend approval of Mike Cannon's conditional use permit .for outside sales and storage located at 8745 210th Street,. subject to the Planner's report of 8 November,.. revised as it pertains to the fuel storage tanks; that dust control measures be taken until-the expansion area is surfaced; and that the adequacy. of the fencing be reviewed by the City Planning Commission and City Council. one year after completion of the project. .Rol I cal I :was taken: on the motion: Ayes: Johnson,. Antol ik, Asmus, 'Geisness, Enright, .Harvey. The app) icant and audience were adivsed that the request would go before the City Council at their 3 December meeting. Chairman Asmus opened the public hearing on the request. by Mr. FelixTillges to rezone various lots in the proposed Viking Square Plata Mr. Knutson attested • to the validity of the hearing. Mr. Gene Jacobson, surveyor for Mr. Tillges explained the rezoning.. Mr. Tillges submitted a letter to the Commission document- ing his agreement with the City Engineer's street design at the proposed intersection • of Highway 50 as documented in .his correspondence. to Mr. McGarvey dated 12 November 1979 and his agreement that screening would be provided between the proposed B-1 and R-2 lots. In separate correspondence, letters were submitted from neighboring property owners east of Dodd Road .stating no objection to the proposed intersection alignments with the streets accessing Dodd. Mr'. Gary Parker, a neighbor to the wesf of the proposed project located along .Highway 50, questioned whether screening or fencing would be provided to the rear of the R-2 lots abutting his property.. Mrs. Parker commented that she did not want their land used as a play- ground. Mr. Licht responded by saying that no formal screening requirement was_ suggested at this time for the Tillges development. It is the City's typical practice to have higher zoned property protected when lower intensity land is developed. 79.171 Motion. was made by Harvey, seconded by Geiness, to .close the public hegring on Mr. Tillges' rezoning request for the proposed Viking .Square Subdivision.. Roll-.call was taken on the motion: Ayes:. unanimous.. Chairman Asmus reopened the public hearing on the.-preliminary plat of Viking Square as requested by Mr. Felix Tillges. Mr. Gene Jacobson presented a revised. preliminary plat with a temporary cul-de-sac for the north street terminus. Mr. Licht explained • that this addition had resulted in a modification to the layout of lots 5 and 6, Block 3. The staff had no objection to this change. • 79.172. Motion was made b Enright, seconded b Johnson, to close the ublic hearing on Y Y P .the Viking Square. preliminary plat. Roll call was taken on .the motion: Ayes: unanimous. 79.173 Motion was made by Geisness, seconded. by Antolik, to approve-the .preliminary plat of Viking Square as revised, subject to the correspondence-from Mr. Tillges to the Planning Commission dated 15 .November, the City Engineer's report dated T2 November, and. the Ci y Planner's report dated 8 November. Roll call was taken on the motion: Ayes: Geisness, Enright, Harvey, Antol ik, Johnson, Asmus. 3 CITY Of LAKEVILLE Planning Commission Meeting November 15, 1979 79.174 Motion was made. by Geisness, seconded by Antolik, to recommend approval of the rezoning of the proposed plat of Viking Square located west of Dodd Road and north of Highway 50 as follows: Block 2, Lots 2, 3, 4 from B-4 Commercial to B-1 Limited Business; Block 2, Lots 5 through 14 from B-4 Commercial #o R-2 Two family Residential District; Block 3, Lot 1 from B-4 Commercial to R-7 Two Family Residential;. Block 3, Lots 2 through 6 from 6-4 Commercial to R-3A Multiple Family Residential . Roll call was taken on the motion: Ayes: Enright, Harvey, Johnson, .Antolik, Asmus, Geisness. Chairman Asmus openedthe public hearing on the application of K.N.S. Investments • for a permit to construct a new entryway over the public right-of-way on the sidewalk at the south entrance of the Post Office. Building,. located east of Holyoke and north of 207th Street. Mr. Knutson attested to the validity of the hearing. and stated that . the applicatiorrwas being processed through procedures of a conditional use permit. The permit, however, is not legally a conditional use permit and therefore not restricted to such decision-making criteria. The Commission discussed, at length, the various problems and concerns which existed with the proposal . Mr. Nord was', however, commended for his interest i n improving his property . 79.175 Motion was made by Johnson., seconded by Enright, to close the public hearing. Roll call was taken on the motion: Ayes:. Unanimous. 79.176 Motion was made by Harvey., seconded by Enright, to recommend denial of the request for permit for construction of a canopy over the public right-of-way at the south side. of the Post Office Building located on 207th Street based upon concerns of: (1) safety; (2) the precedence established for other buildings in thedowntown area; (3) problems with maintenance and snow removal; (4) possible public liability; and (5) conflicts with pedestrian traffic movement. Rolt call was taken on the motion: Ayes: Antolik, Asmus, Enright, Harvey, Johnson. Nays: Geisness. . Mr. Geisness stated his reason for opposing. the motion was that it was his opinion that the applicant should be permitted to pursue the matter further and supply more detailed plans. He also. felt other options such as awnings should be considered. Mr. Knutson advised the Commission that he had requested title opinions on the Highview Estates Addition property involved in the final plat which is before the Commission for consideration. He stated that as yet, he had not received the requested information and that as a consequence, Mr. McGarvey had recommended that the Commission table the matter until the information was received. • 79.177 Motion was. made by Harvey, seconded by Geisness,'to table consideration of the final ..plat for Highview Estates Addition located east of Highview Avenue between Dodd Road and County Road 46 until the requested title opinions are received and the City Administrator places the matter on the agenda for consideration. Roll call was taken on the motion: Ayes:. Unanimous, 4 • • . CITY OF LAKEVILLE Planning Commission Meeting November 15, 1979 .79.178 Motion was made by Antolik, seconded by Harvey, to adjourn the Planning Commission .meeting . Roll call. was taken on the motion: Ayes: Unanimous. Time 10.05 p.m. Respectfully submitted ..p Charles Johnson, Secr tary • ATTEST: l Join Asmus, Chairman f?" • • 5