HomeMy WebLinkAbout04-02-98 ; City Of Lakeville
PLANNING COMMISSION MEETING MINUTES ~
• April 2, 1998
The April 2,1.998 Planning Commission meeting was called to order by Chair Rieb at
6:00 p.m. in the City Hall Council Chambers.
Roll call of members was taken:
Present: Miller, Kot, Wanner, Rieb, Cecchini., Wulff, Ex Officio Member Bellows.
Absent: Alternate Skipton.
Also present: Michael Sobota, Community and Economic Development Director; Daryl
Morey, City Planner; Frank Dempsey, Associate Planner; Tim Hanson, Assistant City
Engineer; Roger Knutson, City Attorney; and Donna Quintus, Recording Secretary.
The minutes of,the March 19, 1998 Planning Commission Meeting were approved as
presented.
ITEM 5: CONSENT AGENDA
98.48 MOTION by Miller, Second by Cecchini to recommend to City. Council approval of the
April 2, 1998 Planning Commission Consent Agenda as follows:
5a. Approve the Harris Acres final plat application of Country toe, Inc. for the
• development of 45 single family residential lots on land located on the south side of
170th Street, east of Fieldcrest Avenue.
Roll call vote was called on the motion.
Ayes: Miller, Kot, Wanner, Rieb, Cecchini, Wulff.
Nays: 0.
ITEM 6: PUBLIC HEARING: Fortune Realty, Inc.: Easement Vacation
Chair Rieb opened ,the public hearing for consideration of the application of Fortune
Realty, Inc. for the vacation of an existing roadway, drainage and utility easement at the
intersection of 179th Street West and 179th Trail. City Attorney Roger Knutson attested
that the legal notice had been mailed and published as required by state statute.
City Planner Daryl Morey presented an overview of the request from Fortune Realty, Inc.
to vacate an existing roadway, drainage, and utility easement located at the intersection of
.179th Street West and 179th Trail. This easement was established over a metes and
bounds description parcel located outside the final plat boundaries of the Lake Villa Golf
Estates 7th Addition to allow construction of 179th Trail which intersects with 179th
Street. 179th Trail provides public access into and out of the Lake Villa Golf Estates 7th
Addition subdivision.
Planner Morey indicated that the easement was established with the stipulation that when
the metes and bounds property was developed in the future the roadway, drainage, and
• utility easement would be replaced by permanent right-of-way dedication. The existing
roadway, drainage, and utility easement can be vacated at this time because the Lake Villa
Golf Estates 9th Addition final plat will dedicate the required right-of-way.
Regular Planning Commission Meeting Minutes
April 2, 1998
Page 2
Community and Economic Development staff recommends that City Council consider this
• roadway, drainage, and utility easement vacation request simultaneously with the Lake
Villa Golf Estates 9th addition final plat.
There was no public comment.
98,49 MOTION by Miller, Second by Wulff to close the public hearing at 6:12 p.m.
Roll call vote was called on the motion.
Ayes: Kot, Wanner, Rieb, Cecchini, Wulff, Miller.
Nays: 0.
98.50 MOTION by Wulff,. Second by Miller to recommend to City Council approval of the
application of Fortune Realty, Inc. for the vacation of a roadway, drainage and utility
easement located at the intersection of 179th Street West and 179th Trail
Roll call vote was called on the motion.
Ayes: Wanner, Rieb, Cecchini, Wulff, Miller, Kot.
Nays: 0.
ITEM 7: PUBLIC HEARINGt Amy Smith: Home Occupation
Chair Rieb opened the public hearing for consideration of the application of Amy Smith
for a Special Home Occupation Permit to allow a hair salon in a single family residence
• located at 16524 Jaguar Avenue. City Attorney Roger Knutson attested that the legal
notice had been mailed and .published as required by state statute.
Associate Planner Frank Dempsey discussed the application from Amy Smith for a Special
Home Occupation Permit to allow her to operate a hair salon ouf of her single family
residence currently under construction in the Lynwood North. 7th Addition. The property
is located in the R-2, Single Family Residential District and the proposed hair salon use is
permitted via a Special Home Occupation Permit and subject to the conditions as outlined
in Title 11-7-4 of the Zoning Ordinance.
Associate Planner Dempsey discussed the details of the proposed hair salon operation
including business hours, parking, and customer access to the salon area. Ms. Smith is
also proposing to plant three six-foot tall Colorado Blue spruce trees along her south
property line to provide screening of the business entrance area from the property owner
to the south. Staff is recommending the additional plantings as a stipulation for approval
Ms. Smith was .present and indicated she is in agreement with the stipulations.
recommended by staff.
Commissioner Cecchini questioned whether Ms. Smith was intending to erect a sign
advertising the hair salon. Associate Planner Dempsey indicated that no sign is being.
proposed. An amendment to the Special Home Occupation Permit would be required
• and subject to Planning Commission review should Ms. Smith propose to install a sign in
the future.
Regular Planning Commission Meeting Minutes
April 2, 1998
Page 3
Associate Planner Dempsey indicated that he had received two phone calls prior to this
• hearing inquiring about the proposed home occupation use. Neither of the two calls
expressed opposition to this proposal
There was no public comment from the audience.
98.51 MOTION by Wulff, Second by Cecchini to close the public hearing at 6:20 p.m.
Roll call vote was called on the motion.
Ayes: Rieb, Cecchini, Wulff, Miller, Kot, Wanner.
Nays: 0.
The Planning Commission concurred with Commissioner Cecchini's recommendation to
amend No. 4 of the Special Home Occupation Permit to read as follows: "No signage is
permitted with this Special Home Occupation. Permit. Any request for signage in the
future will require an amendment to this Special Home Occupation Permit."
98.52 MonoN by Cecchini, Second by Kot to recommend to City Council approval of the
application of Ms. Amy Smith fora Special Home Occupation Permit to allow her to
operate a hair salon at her single family residence at 16524 Jaguar Avenue, legally
described as Lot 1, Block 1, Lynwood North 7th Addition, subject to the eleven (11)
conditions as listed in the March 27, 1998 Planning Report with the aforementioned
amendment to_condition #4 and approval of the Findings of Fact dated April 2, 1998.
• Roll call vote was called on the motion.
Ayes: Cecchini, Wulff, Miller, Kot, Wanner, Rieb.
Nays: 0.
ITEn-t 8A:PUBLIC HEARLNG: Billy Goat Hill (Andersons Century Farm). Preliminary Plat
Chair Rieb reconvened the public hearing from the March 19, 1998 Planning Commission
Meeting for consideration of the application of Shamrock Development, Inc. for the
preliminary plat of 128 single family residential lots on property located east of Ipava
Avenue and south of 175th Street. City .Attorney Roger Knutson attested that the legal
notice had been duly mailed and published as required by state statute.
City Planner Daryl Morey. indicated that on March 2, 1998 Mr. James Stanton, Shamrock
Development, Inc., submitted a revised application for the preliminary plat for the
proposed Billy Goat Hill single family development. The revised application consisted of
a reduction in the number of single family lots from 128 to 127 which includes the
homestead lot. Mr. Morey indicated that the Planning Report cited 126 lots; however,
..that did not include the homestead lot. The developer subsequently renamed the
preliminary plat to Andersons Century Farm Addition.
City Planner Morey stated that the 72.24-acre metes and bounds parcel, zoned R-2, Single
Family Residential, is currently owned by Ms. Lova Anderson. The developer has
• submitted a concept drawing for future subdivision of the existing homestead seven and
one-half acre lot located in the southwestern corner of the subject property into 12 single
family lots. Also, three more conceptual lots are shown over a temporary ponding area
located in the southeast corner of the subject property.
Regular Planning Commission Meeting Minutes .
April 2, 1998
Page 4
i Planner Morey noted that Ms. Anderson has indicated her intent to continue to reside in
her existing home on the seven and one-half acre parcel proposed to be platted as a
separate lot in the Andersons Century Farm Addition. The property consists of Ms.
Anderson's house, a silo and corn crib, and two outbuildings. Community and Economic
Development staff indicated that because Ms. Lova-Anderson's existing house will be
located on a parcel less than ten acres it must be connected to City sanitary sewer and
water. The silo and corn crib must be removed and staff is recommending that a security
guaranteeing removal of existing farm debris must be submitted prior to issuance of any
building permits.
Planner Ivtorey indicated that the 2010 MUSA boundary currently traverses the proposed
Andersons Century Farm Addition. The MUSA line was based on watershed divides
rather than existing property lines. City staff met with Metropolitan Council staff with
regard to the Andersons Century Farm Addition parcel as well as other parcels with similar
circumstances. The Met Council indicated they would support redefining the 2010
MUSA line to be consistent with existing property lines for this development and other
proposed developments within the City that could be served by gravity sanitary sewer and
constructed infrastructure to serve existing or future development. The approval by Met
Council will be required prior to consideration of the final plat for City Council approval
Planner Morey provided details of the preliminary plat related to proposed outlots, streets,
berming/landscaping, and wetlands. The preliminary plat meets minimum ordinance
• requirements.
The Andersons Century Farm Addition preliminary plat plans have been reviewed by the
City's Engineering Department, the Dakota County Soil and Water Conservation District,
and the Environmental Affairs and Parks and Recreation Committees and they have all
indicated support of the proposed plat:
Community and Economic Development staff recommends approval subject to conditions
as .listed in the March 27, 1998 Planning Report.
Mr. Stanton indicated that the Planning Report requirement to dedicate Outlot F to the
City may not be needed. Mr. Stanton indicated that the final wetland report and
discussions with Heidi Hamilton, City Environmental Engineer, indicated that the
relatively low quality wetland may be replaced with a mitigation site as a part of this
project. Mr. Stanton requested that at the time of final plat the determination be made as
to whether to preserve or mitigate the wetland within Outlot F. Sobota agreed that the
status of Outlot F could be determined at the time of final plat.
Mr. Jim Stanton, Shamrock Development, Inc., Ms. Lova Anderson, property owner, and
her attorney Mr. Paul Zisla were present and all indicated their agreement with the
Community and Economic Development staff recommendations for approval of the
Andersons Century Farm preliminary plat except as noted above..
• Planning Commissioner Wulff questioned the reasoningfor the somewhat irregular.
configuration of frontage for Lots 1 and 2, Block 5 and indicated her recommendation that
the lot frontages be straightened for improved vehicular and pedestrian visibility and
safety.
Regular Planning Commission Meeting Minutes
April 2, 1998
Page 5
Commissioner Wulff also stated she was concerned about the clean-up of the farmstead
site, including general exterior maintenance of the existing farm fiome such as
replacement of broken windows, exterior painting, and obvious general exterior
maintenance. Ms. Anderson. and her legal counsel, Mr, Zisla, indicated their agreement to
paint the house and fix the broken windows.
Commissioner Miller requested clarification regarding the existing access to the
homestead lot off of Ipava Avenue. Staff responded that driveway access onto Ipava for
proposed Lot 1, Block 1, Lot 1, Block 2 and Ms. Anderson's homestead lot will not be
permitted. Ms. Anderson will be required to eliminate her current driveway access onto
Ipava Avenue and provide driveway access onto proposed Impala Path. Community and
Economic Development Director Michael Sobota indicated to Ms. Anderson that as metes
and bounds property along major and minor arterials such as Ipava Avenue are
developed, the City requires the elimination of existing driveway accesses onto .these
.major/minor arterials for safety reasons.
Chair Rieb opened the Public Hearing to receive comments from the audience.
Mr. Wayne Nelson, 17690 Icon Trail, indicated that he and several of his neighbors have
experienced standing water and groundwater seepage in their yards and questioned
whether development of the proposed Andersons Century Farm Addition plat will
intensify existing groundwater/drainage problems in his neighborhood. Assistant City
• Engineer Tim Hanson responded that the City is aware of certain drainage problems in
neighborhoods that were developed prior to 1990. However, Engineer Hanson noted
that the Andersons Century Farm Addition plat should not adversely impact existing
drainage patterns in adjacent neighborhoods and, in fact, could provide some relief to
existing perched conditions.
Community and Economic Development Director Sobota indicated that, in response to
pre-existing drainage/groundwater problems in residential areas prior to 1990, the City
established requirements for draintile around building foundations and installation of
sump pumps in .all new home construction, as well as draintile under the curb on City
streets to more effectively drain perched groundwater conditions.
There was no further public comment.
98.53 MorioN by Cecchini, Second by Kot to close the public hearing at 7:45 p.m.
Roll call vote was called on the motion.
Ayes: Wulff, Miller, Kot, Wanner, Rieb, Cecchini.
Nays: 0.
The Planning Commissioners agreed to the recommended stipulations from the March 27,
1998 Planning Report, with amendments as Listed and highlighted below, for approval of
the Andersons Century Farm Addition preliminary plat:
• 1. Implementation of the recommendations. listed in the March 27, 1998 engineering
report.
Regular Planning Commission Meeting Minutes
April 2, 1998
Page 6
2. Implementation of the recommendations listed in the March 12 and 26, 1998
. Dakota County Soil and Water District reports.
3. The recommendations of the Environmental Affairs and Parks and Recreation
Committees.
4. The silo and corn criblocated on the subject property shall be removed by a
specific date acceptable to the City and either: 1) the barn located on the subject
property shall be removed by a specific date acceptable to the City; or 2) a chain
link fence shall be installed to secure the barn by a specific date acceptable to the
City. The developer shall. submit a security in an amount acceptable to the City to
guarantee compliance with this stipulation.
5.
The developer shall submit a $5,000 security to guarantee
the removal of the farm debris located on the subject property by a specific date
acceptable to the City.
6. Lova Anderson's existing house shall be connected to City sanitary sewer and water
prior. to the issuance of any building permits in Andersons Century Farm Addition.
The existing well and septiesystems located within the preliminary plat boundaries
shall be abandoned in compliance with State and County. regulations prior o the
issuance of any building permits in Andersons Century Farm Addition.
7. Outlots A, B, C, and D shall be deeded by the developer to the City with the
Andersons Century Farm Addition final plat.
• 8. The developer shall provide a cash escrow for the future upgrade of Ipava Avenue to
a parkway section with trails with the Andersons Century Farm Addition final plat.
9. The exact location of 178th Street at the Andersons Century Farm Addition/Zweber
Farm boundary shall be determined and agreed upon by the Andersons Century
Farm Addition and Zweber Farm developers prior to City Council consideration of
.the Andersons Century farm Addition preliminary plat. A concept drawing shall be
submitted showing the agreed upon street location.
10. The developer shall construct a temporary turnaround on the south end of the
northerly Impala Path. street stub as shown on the preliminary plat plans. The
developer shall obtain an easement for this temporary turnaround from Lova
Anderson.
11. Driveway access onto Ipava Avenue is prohibited. Driveway access for Lot 1, Block
1 and Lot 1, Block 2 shah be off of 178th Street only and a driveway turnaround
shall be provided for each lot.
12. .Landscaping shall be installed consistent with the approved landscape plan. The
developer shall provide a $1,000/lot security with the final plat to guarantee the
installation of the approved landscape screen on the three lots abutting Ipava
Avenue. 1n addition, the developer shall provide a $1,000/lot security with the final
plat to guarantee the installation of sod from the houses to be constructed on the
three lots abutting Ipava Avenue, west to the edge of the Ipava Avenue right-of-way.
. Finally, the developer shall provide a $1,000 security with the final plat to guarantee
the-installation of the landscaping within Outlot B.
Regular Planning Commission Meeting Minutes
Apri 12, 1998
Page 7
13. The developer shall construct an eight foot wide bituminous trail within Outlot B
and install four foot tall Pyramidal Arborvitae trees ten feet on center along both
sides of the trail as shown on the approved landscape plan.
14. The permanent subdivision identification signs shall meet area, height, setback, and
performance requirements of the Sign Ordinance. The final plat development
contract shall specify the homeowners association's perpetual ownership and
maintenance responsibilities for the permanent subdivision identification signs. A
sign permit must be issued. by the Building Official prior to the installation of the
subdivision identification signs.
15. Metropolitan Council approval of the 2010 MUSH line refinement is required for the
development of this preliminary plat.
16. The developer shall submit a security in an amount acceptable to the City to
guarantee that the exterior of Lova Anderson's existing house is painted and the
broken windows replaced by a specific date acceptable to the City.
17. The developer shall submit a security to the City to guarantee that Lova
Anderson's existing driveway onto Ipava Avenue is relocated to Impala Path by a
specific date acceptable to the City.
18. The intersection of Impala Path-and, Ikaria Trail shall be straightened out and the
lot lines for Lots 1 and 2, Block 5 shall be squared off on the final plat plans.
Mr. Stanton indicated his agreement with the modifications and additional stipulations as
• recommended..
98.54 MoTiorv by Cecchini, Second byWulff to recommend to City Council appraval of the
application of Shamrock Development Inc. for the preliminary plat of Andersons Century.
Farm Addition (a/k/a Billy Goat :Hill) for 127 single family lots on land located on the east
side of Ipava Avenue at 178th Street pursuant Xo the March 27, 1998 Planning Report and
subject to the 18 stipulations as listed above, and approval of the Findings of Fact dated
April 2, 1998.
Roll call vote was called on the motion.
Ayes: Miller, Kot, Wanner, Rieb, Cecchini, Wulff.
Nays: 0.
The next Planning Commission Meeting will be held at 6:.00 p.m. on Thursday, April 16,
1998.
There being no further business, the meeting was adjourned at 7:55 p.m.
Respe ully submitte
on Quintus, Recor ng Secretary
• ATTEST: t
L urie ieb, Chair