HomeMy WebLinkAbout05-20-99 City of Lakeville
• PLANNING COMMISSION MEETING MINUTES
May 20, 1999
The May 20, 1999 Planning Commission meeting was called to order by Chair Drotning
at 6:00 p.m. in the City Hall Council Chambers.
Roll call of members was taken:
Present: Bellows, Kot, Moates, Drotning, Rieb, Comer, Ex-Officio Knutson.
Absent: Wulff..
Staff Present: Michael. Sobota, Community and Economic Development Director; Daryl
Morey, City Planner; Tim Hanson, Assistant City Engineer; Andrea
McDowell Poehler, Assistant City Attorney; and Donna Quintus,
Recording Secretary.
It was noted that there was a typo in the May 6, 1999 Planning Commission meeting
minutes. Page 8, paragraph 9, was modified to reflect that the conditional use permit
request from Charles and Marietta Smith was for an 896 square foot accessory
building. The minutes of the May 6, 1.999 Planning Commission Meeting were
approved. as revised.
~em 4: ANNOUNCEMENTS -Sobota requested Planning Commission members identify Priority
Parcels for study related to the rezonings resulting from the '98 Guide Plan
Amendments. Sobota stated that at the June 3 meeting, Planning Commission
.members should be prepared to identify specific Parcels on issues that may require
study. Commission members agreed.
ITEM 5: CONSENT AGENDA
The Commission acknowledged receipt of written comments regarding the Cherry
Highlands final plat received from Commissioner Wulff due to her absence from this
meeting. Staff noted that Ms. Wulff's concerns have been addressed in the stipulations
for approval of the Cherry Highlands Third final plat.
99.55 MOTION by Kot, Second by Bellows to recommend to City Council approval of the May
20, 1999 Planning Commission Consent Agenda as follows:
5a. Approve the application of D.R. Horton, Inc. -Minnesota for the ZWEBER FARM
SIXTH final plat, a development consisting of 41 single family residential lots on
property located south of 175t" Street and west of Highview Avenue.
5g. Approve the application of Country Joe, Inc. for the CHERRY HIGHLANDS THIRD final
plat, a development consisting of 33 single family residential lots and 40
townhouse units on property located north of Dodd Boulevard and west of Cedar
Avenue.
Roll call vote was called on ,the motion.
Ayes: Bellows, Kot, Moates, Drotning, Rieb, Comer.
Nays: 0.
Planning Commission Meeting Minutes
May 20, 1999
Page 2
!'EM 6: PUBLIC HEARING: Andersons Century Farm Second Addition: Easement Vacation
Chair Drotning opened the public hearing for consideration of the application of
Shamrock Development, Inc. for the vacation of permanent drainage and utility
easements located within the Andersons Century Farm Second Addition development.
Assistant City Attorney Poehler attested that the legal notice had been duly published
and mailed in accordance with state statutes.
City Planner Daryl Morey presented an overview of the application of Shamrock
Development for the vacation of permanent boundary drainage and utility easements in
the Andersons Century Farm development. The easement vacation is being requested
in conjunction with the Andersons Century Farm Third preliminary and final plat which
includes the re-platting of Lot 9, Block 3 and Lot 1, Block 9 and Outlots C and D of
Andersons Century Farm Second Addition. The easement vacation request will vacate
boundary drainage and utility easements established with the Andersons Century Farm
Second Addition final plat and replace them with boundary drainage and utility
easements following the new lot lines in the Andersons Century Farm Third Addition
final. plat.
There were no comments from the audience.
99.56 MOTION by Bellows, Second by Rieb to close the public hearing at 6:10 p.m.
• Roll call vote was called on the motion
Ayes: Kot, Moates, Drotning, Rieb, Comer, Bellows.
Nays: 0.
99.57 MOTION by Rieb, Second by Kot to recommend to City Council approval of the
application of Shamrock Development for the boundary drainage and utility easement
vacation request subject to the recording of the Andersons Century Farm Third Addition
final plat.
Roll call vote was called on the motion
Ayes: Moates, Drotning, Rieb, Comer, Bellows, Kot.
Nays: 0.
ITEM 7: PUBLIC HEARING: U.S. West Wireless /YMCA:
Planned Unit Development /Conditional Use Permit
Community and Economic Development Director Michael Sobota stated that the City
had received a letter, dated May 17, 1999, from Phil Nyvall, General Manager of
Properties and Facilities for YMCA of Metropolitan Minneapolis, requesting to withdraw
their application for a Planned Unit Development/ Conditional Use Permit for a
proposed cellular telephone tower at YMCA Camp Streefland. The Planning
Commission received the request for application withdrawal for the record.
Planning Commission Meeting Minutes
May 20, 1999
Page 3
.ITEM 8A & 8B: PUBLIC HEARING: HARRIS ACRES THIRD: REZONING & PRELIMINARY/FINAL PLAT
Chair Drotning opened the public hearing for the applications of Country Joe, Inc. for
the Harris Acres Third preliminary and final plat and rezoning. Assistant City Attorney
Poehler attested that the legal notices had been duly mailed and published in
accordance with state statutes.
City Planner Daryl Morey presented an overview of the applications submitted by
.Country Joe, Inc. for the preliminary. and final plat of Harris Acres Third, which consists
of 82 single family lots on 42 acres of land located on the north side of 170tH Street,
east of Fieldcrest Avenue. In conjunction with the preliminary and final plat of Harris
Acres Third, the developer has submitted an application to rezone the northerly portion
of the subject property from. R-2, Single Family Residential District (100-foot wide lots)
to R-2A, Single Family Residential District (85-foot wide lots).
City Planner Morey indicated that the developer is proposing to rezone 46 of the
proposed single family lots from R-2 to R-2A which includes all of the lots located north
of 169t" Street plus one lot (Lot 1, Block 3) located in the southwest corner of 169tH
Street and Festal Avenue. The southerly 36 lots will remain zoned R-2. The area
proposed to be rezoned to R-2A is consistent with the 1988 Comprehensive Land Use
Plan and 1998 Comprehensive Plan Update with both plans guiding the subject
property for low density residential use. The rezoning is also consistent with the low
.density residential zoning recommendations of the 1998 Strategic Growth Management
Task Force which supports the narrower single family lots (85') in areas that lack steep
slopes, tree cover, and wetlands.
City Planner Morey presented an overview of the proposed Harris Acres Third Addition
preliminary and final plat as outlined in the May 14, 1999 Planning Report. Discussion
included:
? Performance Standards: All 82 lots meet or exceed lot area requirements for their
respective districts.
? Outlots: Outlot A: 4.95-acre storm water retention pond. Outlot 8: Developer may
construct a subdivision identification sign on this outlot.
? Street Alignment and Street Extensions between Subdivisions
? Landscaping: The proposed landscaping meets Zoning Ordinance requirements.
? Existing Farmstead: The farmstead buildings have either been removed or in the
process of being demolished. The developer will be required to verify that the old
well and septic systems have been abandoned in compliance with. state and county
requirements.
? Grading, Drainage, Erosion Control, and Utilities/Tree Preservation: The
Environmental Affairs Committee reviewed the Harris Acres Third preliminary and
final plat at their May 18, 1999 meeting and recommended approval subject #o staff
recommendations and comments.
? Park and Trail Dedication: The Parks and Recreation Committee reviewed the
Harris Acres Third preliminary and final plat at their May 19, 1999 meeting and
Planning Commission Meeting Minutes
May 20, 1999-
Page 4
recommended a cash contribution to satisfy the park dedication requirements. The
developer will construct a trail on the north side of 170t" Street connecting with the
existing trail located on the north side of 170t" Street.
Joe Miller, Country Joe, Inc., and Bob Wiegert, Paramount Engineering, were present
and responded to questions from the Commission and staff. Mr. Wiegert indicated that
the developer is in agreement with the stipulations recommended by staff as outlined in
the May 14, 1999 Planning Report.
Ron Young, 16902 169t" Street West, expressed the following concerns regarding the
proposed Harris Acres Third development:
1) Traffic: The proposal to rezone to R-2A will increase the number of homes in the
area, thus adding more traffic on the local streets. 169t" Street West will be
extended with the future development of the adjacent property to the east of Harris
Acres Third and Mr. Young stated he felt that this roadway would not be able to
handle the additional traffic.
Assistant City Engineer Tim Hanson discussed the City's policies for providing
roadway connections for current and future residential developments. 169t" Street
will handle the additional traffic generated by the Harris Acres Third development.
2) Stop Signs: There is no proposal to erect stop signs at the intersection of 169x"
Street and Fieldcrest Avenue. There are two children in this neighborhood who are
S legally blind. The lack of traffic control signs at this intersection will be a safety issue
for these children.
Assistant City Engineer Hanson indicated that the City does monitor busy
intersections for safety issues at the request of a neighborhood. Safety issues
would be addressed after review of findings of the study.
3) R-2A Rezoning Proposal: The smaller 85' wide lots, located directly behind his
property, will adversely affect the property value of his home and his neighbor's
homes.
Mr. Wiegert, Paramount Engineering, indicated that all the lots along the westerly
boundary of the Harris Acres Third development and proposed for rezoning to the R-
2A District are at least 91 feet wide, Lot 1, Block 3, is located directly behind Mr.
Young's lot, which is 116 feet wide.
4) Notification of Development Proposal: Mr. Young stated that neither he nor his
neighbors received mailed notification regarding the neighborhood meetings held to
discuss the proposed land use for their area for the Comprehensive Guide Plan
Update.
City Planner Daryl Morey indicated that due to the large number of households in
.the City it was not cost effective for the City to do individual mailings regarding the
neighborhood meetings for the Comprehensive Guide Plan Update. However, the
City advertised the neighborhood meetings in the Message's Page of the City's
official newspaper and cable television channel 16.
. 5) Affordable Housing/Setbacks in the R-2 District vs. the R-2A District: Mr. Young
stated his concern that the R-2A lots will be lower priced with smaller more
inexpensive/affordable homes. Further, the side yard setbacks will be ten feet in the
Planning Commission Meeting Minutes
May 20, 1999
Page 5
i R-2A District rather than the standard 15-foot side yard setbacks in the R-2 District.
This will result in less open space and green area which may also affect values of
existing homes.
Joe Miller, developer, responded that the homes that will be built on the R-2A lots
will compare in price and size to surrounding homes in the neighborhood.
6) Trees: Mr. Young indicated he noticed the removal of many on-site trees after the
farmstead buildings were demolished.
Mr. Miller indicated that the trees that were removed were raised and chipped for
mulch as a part of the farming operation. Planner Morey indicated that the City was
concerned with the removal of trees prior to the developer's application for the
Harris Acres Third plat, however, the City does not have the authority to control
farming operations prior to development of the farm property.
7) Construction Traffic: Mr. Young requested the City apply restrictions to construction
traffic to prevent heavy equipment from entering the. proposed subdivision through
the established residential area.
Assistant City Engineer Hanson indicated that the May 14, 1999 Engineering Report
sets up the conditions that must be followed during the construction phase of the
development. This includes a single gravel construction entrance off 170t" Street
into the development via the future Fairhaven Avenue.
Ms. Karen Vinar, 16796 Fieldcrest Avenue, stated she is a resident of Kilkenny Pond
• and the proposed R-2A lots will abut her rear property line. Ms. Vinar expressed her
objection to having finro lots abutting her property. She asked if the developer would
consider having the perimeter lots meet R-2 District lot size requirements to be
consistent with adjoining developments.
Mr. Aaron Johnson, 16903 Fieldcrest. Avenue, expressed his agreement with Ms.
Vinar's request to retain the R-2 zoning of lots abutting existing developments. Mr.
Johnson also requested clarification of the landscaping and tree preservation plan
along 170t" Street.
Mr. Tim Vinar, 16796 Fieldcrest Avenue, stated that the majority of the homes in this
urea have 3-car garages. He questioned whether the narrower lots would permit 3-car
garages.
City Planner Morey stated that it is not unusual for rear properly lines to be off-set
where two lots will abut a single lot noting there are many such instances throughout
the City. Mr. Morey also indicated that the current zoning ordinance requires that all
building permit applications be accompanied with a survey showing the location of the
home and evidence that a 3-car garage can be accommodated on the lot without
encroaching into the required setbacks.
Joe Miller, developer, expressed his willingness to work with the current residents and
neighborhood and indicated he would be willing to install landscaping at the rear of Lots
. 1-7, BIocK 4 and Lot 1, Block 3 for additional screening to the existing residential lots in
lieu of consideration to retain the R-2 District zoning.
There were no further comments from the audience.
Planning Commission Meeting Minutes
May 20, 1999
Page 6
,99.58 MOTION by Rieb, Second by Bellows to close the public hearing at 8:05 p.m.
Roll call vote was called on the motion
.Ayes: Drotning, Rieb, Comer, Bellows, Kot, Moates.
Nays: 0.
After further discussion, the Planning Commission agreed to the following modification
and additional stipulations:
Modification to Stipulation No. 11:
The developer shall submit a disposal plan with specific dates for removal offer
the farm debris that is located on the subject site. The developer shall also verify
that the old well and septic systems have been abandoned in compliance with
state and county requirements. In addition, a Phase 1 environmental audit is
provided to verify that the subject property has no contamination and is suitable for
development.
Stipulation No. 13:
The recommendations of Independent School District 196.
Stipulation No. 14:
Prior to City Council consideration of the preliminary and final plat, the tree
preservation/landscape plan shall be revised to include landscaping at the rear of
• Lots 1-7, Block 4 and Lot 1, Block 3.
99.59 , MOTION by Kot, Second by Moates to recommend to City Council approval of the Harris
Acres Third preliminary and final plat and. the rezoning from R-2, Single Family.
Residential District to R-2A, Single Family Residential District subject to the twelve
stipulations as outlined in the May 14, 1999 Planning Report with a modification to
Stipulation No. 11 and the addition of Stipulation No. 13 and No. 14 as discussed above
and approval of the Findings of Fact dated May 20, 1999.
Roll call vote was called on the motion
Ayes: Rieb, Comer, Bellows, Kot, Moates, Drotning.
Nays: 0.
Chair Drotning called for afive-minute break. Chair Drotning reconvened the May 20,
1999 Planning Commission meeting at 8:15 p.m.
ITEM 9: DISCUSSION: ANDREA MCDOWELL POEHLER MEMORANDUM: STAFF REPORTS
Assistant City Attorney Poehler discussed her memorandum, dated April 30, 1999,
which discusses. the format of staff reports to the Planning Commission which was.
requested by Chair Drotning. Ms. Poehler indicated that she had surveyed 13
metropolitan cities and 11 of those cities provide a staff recommendation in planning
reports to the Planning Commission similar to the practice used in the City of Lakeville.
• Ms. Poehler indicated that the concerns that have been raised include the erception
p
that staff "recommendations" to the Planning Commission at public hearings tend to
Planning Commission Meeting Minutes
May 20, 1999
Page 7
i make it appear that the City is proposing the developments under review. She
recommended that perhaps a better method to address the concerns may be a change
in the public hearing format where the developer presents the initial information
regarding his/her application. Staff would then follow with a detailed presentation and
be available, along with the Developer, to answer questions. Staff could provide the
developer/applicant with a "check list" prior to the hearing of items that should be
presented at the hearing by the developer.
The Commissioners concurred that the initial introduction and basic information of the
proposal should be from the developer/applicant; however, they did not feel it would be
appropriate for the applicant/developer to make a detailed presentation of the proposal
as it relates to the City's zoning ordinances and codes. The Planning Commission
Members also stated they did not want to lose the focus of staff recommendations in
the planning reports.
The Commissioners agreed that under the current procedure when staff makes a verbal
"recommendation" for approval, it is the perception of the audience that it's a "done
deal" and anything they may have to say regarding the project will not affect the project.
The Planning Commission directed Staff to draft a "checklist" for types of things the
developer should address in his/her introduction of a project to the Commission. Mr.
Morey stated that the developer should also be more accountable to respond to
questions.
Ex-officio Commissioner Knutson asked staff to consider how staff ends their verbal
reports to the Commission. Knutson stated that it may be better not to vocalize "Staff
recommends......" Instead, consider a statement such as: "Staff presents this for
Planning Commission consideration......" Mr. Morey stated that he will prepare a list of
optional closing statements for staff presentations. This list and the developer
presentation checklist will be forwarded to the June 3, 1999 Planning Commission
meeting for consideration.
There being no further business, the meeting was adjourned at 8:50 p.m.
Respectfully submitted,
onna Quintus, Re ording Secretary
ATTEST:
N
Karl Drotning, Chair