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Home My WebLink About10-05-94 W t • CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 5, 1994 The meeting was called to order at 7:00 p.m. by Mayor Zaun. Roll call was taken. Present: Councilmembers Johnson, Sindt, Mulvihill, Harvey and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; D. Licht, Planning Consultant; C. Friedges, City Clerk. 94.206 Motion was made by Harvey, seconded by Sindt to receive the following information for the special. Council meeting: • .Findings of Fact and Decisions in Regard to Application for Comprehensive Plan Amendment and Rezoning • Letter from Bruce Mafkerson dated October 5, 1994 • Proposed Ordinance Amending Ordinance No. 167, the City's Zoning Ordinance, by Rezoning Certain Property • .Comprehensive Plan Amendment Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey. 94.207 Motion was made by Harvey, seconded by Mulvihill to adopt the ordinance amending Ordinance No. 167, the City's Zoning Ordinance, by rezoning Outlot A, Dakota Heights 7th Addition from B-2, Retail Business District, to R-5, Single Family, Two-family and Medium. Density Residential District,. and a corresponding amendment to the Comprehensive Plan. Discussion on the motion was as follows: Councilmember Mulvihill stated she supports the rezoning. She stated she did not allow what is politically correct,. the potential for a lawsuit against the City, or the property owner's. personal problems, to cloud her decision. She stated she feels the rezoning would not change Mr. Johnson's right to develop the property, but would only change the type of development that can be placed on this property. She stated she does not consider this rezoning a sweeping change in the City's Comprehensive Plan, and feels the Plan will continue to be a credible guide for the City. She stated that her decision to support the rezoning was also based on personal instincts, common sense and her perception of what is best for the City at this location, at this point in time. CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 5, 1994 PAGE 2 Councilmember Harvey stated his. decision is based on his commitment, as a Councilmember, to do what. is best for the community as a whole. He stated he feels the bulk of traffic in this area will be from local residents. He further stated School District 194 officials were aware of the B-2 zoning when they purchased the land for Christina Huddleston Elementary School. He stated he feels consistent zoning protects.the investments of all residents of the `community. He stated: the City is not doing a fair and consistent job of looking at all commercial sites in the community in determining an appropriate distance from schools, and he could note support. the rezoning. Councilmember Sindt stated the School Board had not been concerned with the adjacent commercial zoning vrhen they purchased the land for the elementary. school, because they intended to use school patrols and bus most of their students to and from. school. She stated the intersection of 175th Street and Ipava Avenue is, and has been, a major intersection with high traffic volumes. After examining the crime statistics prepared by Officer Strachan for the residents, she pointed out that they were comparable with other commercial areas when "drive-offs" were eliminated. She stated she does not support the zoning change. Councilmember Johnson stated he feels he was elected to look after the welfare and future of the entire City. Property owners and developers need assurances that the zoning on their property will not suddenly change when they make plans to develop it. He stated he would very much like to see a win/win situation for both the property owner and the area residents. He stated he feels the conditional use permit process will provide a large range of protection to area residents when this .property is developed. He stated he is not able to support the zoning change. Mayor Zaun thanked the residents and business community for their input.. He explained the rezoning process. and the requirement for afour-fifths vote of the Council on rezoning matters. He stated he has concerns with allowing a convenience store with motor fuel sales in close proximity to an elementary school He stated he had concerns with this particularsite when the text amendment allowing motor-fuel sales in the B-2 District was adopted. He stated he feels the rezoning to R-5 would be appropriate. Roll. call was taken on the motion. Ayes, Zaun and Mulvihill. Nays, Sindt, Harvey and Johnson.. Motion defeated. Councilmember Harvey expressed a desire to discuss a potential alternative • to total. B-2 zoning, which was submitted by the property owner's attorney, Mr. Malkerson. Councilmembers agreed to hear Mr. Malkerson's proposal. CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 5, 1994 PAGE 3 Mr. Malkerson presented, on behalf of his client, the following proposal as outlined in his letter dated. October 5, 1994, which would reduce the amount of commercial zoning on the site by one-third. 1) Thee City would down-zone the southerly 166 feet of Outlot A, .Dakota 'Heights 7th Addition to R-S; 2) The northerly 260.5 feet of Outlot A would remain zoned B-2; 3) When development plans for a retail center are approved, the eastlwest dividing Jine shall be moved 50 feet in either direction by the .property owner to effectuate the development plans as needed; 4) The southerly portion of the property to be developed R-5; 5) In the event the City approves the property owner's B-2 development plans with fuel for the northerly portion of the property, the property owner would thereby waive. any rights to contest the down zoning of the • southerly portion of the property; 6) The 6-2 development .plans for the northerly portion of the property would include: a retail center with fuel not to exceed 15,000 sq. ft., two access points on 175th Street, the possibility of a right in and right out only to Ipava Avenue; 7) Copy of the general concepfi plan. Mayor Zaun asked if this matter falls under the same time constraints as the previous rezoning, and the City Attorney stated it does not. Mayor Zaun recessed the meeting at 7:40 p.m. and reconvened at 7:50 p.m. Mr. Erickson presented the concept plan prepared by Lowell "Wagner on behalf of the developer. He stated-this concept would provide a blend ofcommercial and R-5 development on the subject property. Councilmember Harvey stated he supports this alternative, as it would limit the size of commercial development on this property. Councilmember Johnson stated he supports this alternative, as it represents a . win/win situation for the developer and residents. CITY OF LAKEVILLE SPECIAL COUNCIL MEETING OCTOBER 5, 1994 PAGE 4 • Mayor Zaun pointed out that if this rezoning is not approved, .the entire area will remain B-2. He stated that while he is opposed to the B-2 zoning, he felt that a partial B-2 zoning would. lessen the impact on the area and residents.. 94.208 Motion was. made by Harvey, seconded by Johnson to adopt Ordinance No, 532 rezoning the south 166 feet of Outlot A, Dakota Heights 7th Addition, (exact legal description #o be determined by a survey), from B-2 to R-5, amend the Comprehensive Plan appropriately and direct the City Attorney to prepare findings of fact and decision to be considered by the City Council at the next regular meeting. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. 94.209 Motion was made by Sindt, seconded by Harvey to cancel the special Council meeting scheduled for October 11, 1994, at 7:00 p.m. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. • UNFINISHED BUSINESS None. NEW BUSINESS Councilmember Sindt suggested staff put together a proposal that would require property owners to place signage on vacant commerciallindustrial property identifying its zoning classification. Mayor Zaun adjourned the meeting at 8:05 p.m. Respectfully submitted, Charlene Friedges, y Clerk Du a Zaun, May