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HomeMy WebLinkAbout04-16-98 1~' ~~'t City Of Lakeville / -----'1 PLANNING COMMISSION MEETING MINUTES April 16, 1998 The April 16, 1998 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, Drotning, Cecchini, Wulff, Ex Officio Member Bellows. 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 April 2, 1998 Planning Commission Meeting were approved as presented. ITEM 4: INTRODUCTION OF NEW PLANNING COMMISSIONER KARL DROTNING Community and Economic Development Director Michael Sobota introduced Karl Drotning who was appointed by City Council to the Planning Commission for the term ending January 1, 1999. City Attorney Roger Knutson administered the Oath of Office. .The Planning Commissioners congratulated and welcomed Mr. Drotning to the Commission. ITEM 5: CONSENT AGENDA 98.55 MoTioN by Wulff, Second by Cecchini to recommend to City Council approval of the April 16, 1998 Planning Commission Consent Agenda as follows: 5a. Approve the Hypointe Crossing final plat to allow the development of 40 single family residential lots on land located south of Interlachen Boulevard and east of Crystal Lake Golf Course; and 5b. Approve the Zweber Farm Second and Zweber Farm Third final plats to allow the development of 40 single family residential lots and 14 single family residential lots, respectively, on land located south of 175th Street and west of Highview Avenue. Roll call vote was called on the motion. Ayes: Miller, Kot, Wanner, Rieb, Drotning, Cecchini, Wulff.. Nays: 0. .ITEM 6: PUBLIC HEARING: Kingsley Cove: Trail Easement Vacation Chair Rieb opened the public hearing for consideration of the application of the City of Lakeville for the vacation of an existing trail easement located east of Klamath Terrace in the Kingsley Cove subdivision. City Attorney Roger Knutson attested that the legal notice had been duly mailed and published as required by state statute. • Associate Planner Frank Dempsey presented an overview of the City of Lakeville's application to vacate an existing trailway easement that extends along the common lot line of Lots 5 and 6, Block 1, Kingsley Cove. The trail easement was originally established Regular Planning Commission Meeting Minutes April 16, 1998 Page 2 as a stipulation of the Kingsley Cove Development Contract to provide pedestrian access • to two exception parcels from the Kingsley Cove plat. The owners of the two exception parcels expressed concerns to the City in the past regarding the pedestrian access to their parcels. They indicated they did not feel they had sufficient opportunity to express their concerns regarding vehicular access to their parcels at the time the trailway/pedestrian easement was established. Access to these landlocked parcels have continued to be an issue with the property owners and the City. Dempsey indicated that, recently, the owners of the two exception parcels, Neudauer and Gillett, agreed to sell their properties to the adjacent property owners of Lots 5 and 6, Kingsley Cove (Mihms and Menozzis). In an effort to resolve the access issues, the City Attorney was directed to draft Purchase Agreements which include provisions that require the vacation of the pedestrian easement between Lots 5 and 6. Community and Economic Development staff recommends approval of the pedestrian easement vacation as requested.. The City Engineering Department has indicated their support for the vacation of the pedestrian easement. Planner Morey noted that the existing drainage and utility easement will be maintained along the common lot line for the two lots. Commissioner Wulff questioned whether the property owners intend to administratively combine their lots in Kingsley Cove with the exception parcels in the Orchard Lake plat. If not, is there a mechanism that would require that each of the Orchard Lake remnant parcels and Kingsley Cove lots remain under the same ownership. Sobota indicated that Dakota County will not allow the administrative combination of platted lots that are not within the same plat. The only way that these lots could be combined would be to process a replat of all four parcels. This would be costly #or the property owners. City Attorney Roger Knutson indicated that the Orchard Lake parcels are landlocked and that it is unlikely, but not impossible, for these lots to be sold separate from the contiguous Kingsley Cove lot. Mr. Ray Neudauer noted that his parents own one of the exception parcels in the Orchard Lake plat and he inquired as to whether the pedestrian easement would be vacated. prior to the final sale. City Attorney Knutson indicated that the City Council's action on the easement vacation request will be contingent upon the final sale of the property. 98.56 MOT10N by Wanner, Second by Wulff to close the public hearing at 6:15 p.m. Roll call vote was called on the motion. Ayes: Kot, Wanner, Rieb, Drotning, Cecehini, Wulff, Miller. Nays: 0. 98.57 MOTION by Miller, Second by Drotning to recommend to City Council approval of the application of the City of Lakeville for the vacation of the existing pedestrian easement located along the common lot line of Lots 5 and 6, Block 1, Kingsley Cove in accordance with the April 10, 1998 Planning Report. Roll call vote was called on the motion. Ayes: Wanner, Rieb, Drotning, Cecchini, Miller, Kot. Regular Planning Commission Meeting Minutes April 16, 1998 Page 3 Nays: Wulff. Commissioner Wulff stated her negative vote was due to her opinion that since the Kinglsey Cove. parcels are not being combined with the Orchard Lake parcels, there is a potential that the landlocked parcels could be sold off in the future and/or be surrendered as tax forfeited property. Should this occur and the City acquires these parcels the pedestrian easement should be retained to provide legal access to the property. MOTION passes.. ITEM 7: PUBLIC HEARING: Orchard Meadows: Easement Vacation Chair Rieb opened the public hearing for consideration of the application of Pulte Homes of Minnesota corporation for the vacation of a ponding, drainage and utility easement. City Attorney Roger Knutson attested thafithe legal notice had been published as required by state statute. City Planner Daryl Morey presented an overview of the application from Pulte Homes of Minnesota Corporation for the vacation of an existing ponding, drainage and utility easement located within the approved preliminary plat of Orchard Meadows. The existing easement, located south of 185th Street tCounty Road 60) and west of the CP Rail tracks, was originally established over wetland and ponding areas as part of the 185th Street improvement project. . Planner Morey indicated that a majority of the existing easement lies within Outlot A of the approved Orchard Meadows preliminary plat with small portions of the existing easement located within roadway rights-of--way for existing 185th Street and proposed Orchard Trail. Outlot A will be deeded to the City as a condition for approval of the Orchard Meadows final plat. Planner Morey noted .that vacating the existing easement will eliminate duplicate easements within future rights-of-way for 185th Street and Orchard Trail and avoid potential title problems for Outlot A. Community and Economic Development staff, along with City Engineering Department staff, recommends approval of the easement vacation as requested by Pulte Homes of Minnesota Corporation in accordance with the April 10, 1998. Planning Report. There was no public comment. 98.58 MonoN by Cecchini, Second by Wulff to close the public hearing at 6:25 p.m. Roll call vote was called on the motion. Ayes: Rieb, Drotning, Cecchini, Wulff, Miller, Kot, Wanner. Nays: 0. 98.59 MOTION by Cecchini, Second by Drotning to recommend #o City Council approval of the • application of Pulte Homes of Minnesota Corporation ponding, drainage, and utility easement vacation contingent upon City Council approval of the Orchard Meadows final plat and the developer deeding Outlot A to the City. Roll call vote was called on the motion. Regular Planning Commission Meeting Minutes April 16, 1998 Page 4 • Ayes: Drotning, Cecchini, Wulff, Miller, Kot, Wanner, Rieb. Nays: 0. ITEM 8: PUBLIC HEARING: Independent School District 194: Conditional Use Permit Chair Rieb opened the public hearing for consideration of the application of Independent School District 194 (ISD 194) for an amendment to Conditional Use Permit (CUP) No. 91- 01 to allow the use of temporary classrooms at McGuire Junior High School. City Attorney Roger Knutson attested that the legal notice had. been duly mailed and published as required by state statute. Associate Planner Frank Dempsey stated that ISD 194 was granted a CUP in 1991 to allow the placement of portable temporary classrooms on the McGuire JuniorHigh School site located at 21220 Holyoke Avenue. Since that time there have. been amendments t4 the original CUP in 1992 and 1997, both of which have been related to the use of portable temporary classroom buildings. Currently, there are four portable buildings located on the south side of the school building. This amendment request would allow the placement of two additional portable classrooms adjacent to the existing .four portable classroom buildings. Lonnie Smith, ISD 194, indicated that the school district intends to remove all six of the portable classrooms from the site prior to occupancy of a proposed new junior high school in the fall of 1999. Should it become apparent that ISD 1.94 will be unable to meet . the construction deadline, City staff will be informed and it will be determined if a Conditional Use Permit amendment should be pursued at that time. Commissioner Cecchini requested clarification of on-site parking and vehicular/pedestrian traffic patterns during extra curricular activities at the Junior High athletic field which is located in the area of the existing and proposed portable classrooms. Cecchini indicated that it was his opinion that during after. school athletic events, bus and vehicle parking and traffic contribute to confusion in this area and cause unsafe conditions for pedestrians. Mr. Smith indicated that he will forward this information to the Activities Director. The school district personnel will monitor the existing conditions and work toward alleviating any problems. There was no public. comment. 98.60 MOTION by Wulff, Second by Miller to close the public hearing at 6:40 p.m. Roll call vote was called on the motion. Ayes: Cecchini, Wulff, Miller, Wanner, Rieb, Drotning. Nays: 0. Abstain: Kot. Commissioner Kot abstained because of her employment at ISD 194. 98.61 MoTrorv by Cecchini, Second by Drotning to recommend to City Council approval of an amendment to Conditional Use Permit No. 91-01 to allow the placement of two portable temporary classrooms at McGuire Junior High. School subject to the five stipulations as listed in the April 10, 1998 Planning Report and approval of the Findings of Fact dated April 16, 1998. Regular Planning Commission Meeting Minutes April 16, .1998 Page 5 Roll call vote was called on the motion. Ayes: Wulff, Miller, Wanner, Rieb, Drotning, Cecchini. Nays: 0. Abstain: Kot. Commissioner Kot abstained because of her employment at ISD 194. ITEM 9: PUBLIC HEARING: Dodd Valley Estates: Preliminary Plat Chair Rieb opened the. public hearing for consideration of the application of North Suburban Development, Inc. for the proposed Dodd Valley Estates preliminary plat. City Attorney Roger Knutson attested that the legal notice had been duly mailed and published as required by state statute. City Planner Daryl Morey presented an overview of the revised application of North Suburban Development, Inc. for the preliminary plat of Dodd Valley Estates which now consists of 98 single family lots on an approximate 50-acre site located on the south side of Dodd Boulevard between Flagstaff Avenue and Pilot Knob Road. The original Dodd Valley Estates preliminary plat consisted of 57 single family lots which was proposed as the first phase of an .anticipated two-phase development project. At that time the. second phase of development was shown conceptually on the south side of the property but was not formally included in the preliminary plat. The original Dodd Valley Estates preliminary plat was approved by the City Council on December 15, 1997. The revised Dodd Valley Estates preliminary plat consists of 98 single family lots on eight • blocks and includes four triangular-shaped outlots (outlots A-D) along the easterly plat boundary line. These outlots. will be retained by the developer and will likely be developed when the contiguous property to the east of the plat (currently outside the 2010 MUSA) is developed in the future. Another outlot, Outlot E, encompasses a temporary storm water pond and will also be retained by the developer. Planner Morey indicated that the developer has revised his original preliminary plat by providing a second access to Dodd Boulevard via proposed Farcry Way. The proposed Dodd Valley Estates proposes intersections with Dodd Boulevard. at Fairgreen Avenue and Farcry Way. This second access to the development was recommended by the Planning Commission.. and neighboring residents with the original preliminary plat for traffic dispersal reasons. Planner Morey indicated that the Dodd Valley Estates property is zoned R-2, Single Family. Residential District and is located within the 2010 MUSA. The revised preliminary plat is consistent with current zoning and subdivision ordinance requirements. The existing. house and outbuildings located in the"northwest corner of the plat will be removed. Existing septic systems will be removed and wells abandoned as required by Dakota County. Planner Morey further indicated that the City's Engineering Department staff and Environmental Affairs Committee have reviewed the Dodd Valley Estates preliminary plat including grading, drainage, erosion control, utilities, and tree preservation plans and . have recommended approval Planner Morey informed the Commission that, at their regular meeting on April 15, 1998, the Parks and Recreation Committee recommended a cash escrow for a future multi- Regular Planning Commission Meeting Minutes April 16, 1998 Page 6 • purpose trailway (MPTW) along the south side of Dodd Boulevard, construction of a five- footwide concrete sidewalk on the west side of Fairgreen Avenue, and a cash contribution to satisfy the park and trail dedication requirements for Dodd Valley Estates. Planner Morey directed the Commission to Stipulation No. 7 of his April 10, 1998 Planning Report and indicated that the developer has satisfied this stipulation by providing staff with a grading and drainage plan that includes specific species of the proposed landscaping for the 14 lots abutting Dodd Boulevard. Community and Economic Development Department staff recommends approval of the revised Dodd Valley Estates preliminary plat subject to the eleven stipulations, minus Stipulation No. 7, as listed in the April 10, 1998 Planning Report. Bruce Kerber of North Suburban Development indicated his agreement with the recommendations. There were no comments from the public. 98.62 MOTION by Wulff, Second by Miller to close the public hearing at 6:50 p.m. Roll call vote was called on the motion. Ayes: Miller, Kot, Wanner, .Rieb, Drotning, Cecchini, Wulff. Nays: 0. 98.63 MonoN by Miller, Second by Wulff to recommend to City Council approval of the revised Dodd Valley Estates preliminary plat subject to the 11 stipulations, minus Stipulation No. 7, as listed in the April 10, 1998 Planning Report. Roll call vote was called on the motion. Ayes: Kot, Wanner, Rieb, Drotning, Cecchini, Wulff,. Miller. Nays: 0. ITEM 10: PUBLIC HEARING: Gregory and Sarah Dostal: Conditional Use Permit g~'a~ Chair Rieb opened the public hearing for consideration of the application. of Gregory and .Sarah Dostal for a conditional use permit to allow construction of a detached accessory building which would result in a total accessory building height greater than 15 feet. City Attorney Roger Knutson attested that the legal notice had been duly mailed and published as required by state statute. Associate Planner Frank Dempsey presented an overview of the request from Gregory and Sarah Dostal for a conditional use permit to allow them to construct a 144 square foot accessory gazebo-style structure attached to their deck with a roof peak height of 18 feet, 4 inches. A maximum of 15 feet is permitted in the R-2, Single Family Residential District unless approved by conditional use permit. Dempsey indicated that the Dostals are requesting the additional height to allow them to enclose the area under the gazebo structure and make it usable as additional storage area for personal property and yard maintenance equipment. The plans submitted by the Dostals indicates the exterior of the proposed structure will match the existing house. • Mr. and Mrs. Dostal indicated their a reement to the sti ulations recommended b g p Y Community and Economic Development staff. Regular Planning Commission Meeting Minutes April 16, 1998 Page 7 Mr. Gerald Grenz, 16190 Garner Avenue, stated he owns the property to the south of and contiguous to the Dostals. He indicated he had no objections to the Dostals' request noting he felt the proposed structure would enhance the neighborhood. There were no further comments from the public. 98.64. MOTION by Cecchini, Second by Wulff to close the public hearing at 7:03 p.m. Roll call vote was called on the motion. Ayes: Wanner, Rieb, Drotning, Cecchini, Wulff, Miller, Kot. Nays: 0. 98.65 Morlo?v by Cecchini, Second by Drotning to recommend to City Council approval of the conditional use permit requested by Gregory and Sarah Dostal to allow an accessory building height in excess of 15 feet on property located at 16180 Garner Avenue, legally described as tot 10, Block 1, Donnay's Valley Park 6th Addition, subject to the six stipulations as listed in the April 10, 1998 Planning Report and approval of the Findings of fact dated April 16, 1998. Roll calf vote was called on the motion. Ayes: Rieb, Drotning, Cecchini, Wulff, Miller, Kot, Wanner. Nays: 0. .ITEM 11: PUBLIC HEARING: Dean Stuke: Conditional Use Permit ~g~l~ • Chair Rieb opened the .public hearing for consideration of the application of Dean Stuke for a conditional. use permit to allow: 1) construction of a detached accessory building resulting in a total accessory building area greater than 2,000 square feet; and 2) an accessory building greater than 20 feet in height in the R-1, Low Density Single Family Residential District. City Attorney Roger Knutson attested that the legal notice had been duly mailed and published as required by state statute. Associate Planner Frank Dempsey presented an overview of a request from Mr. Dean Stuke for a Conditional Use Permit to allow for the construction of a 2,970 square foot detached accessory building and 20.5-foot building height on his 20-acre unsewered parcel located at 11556 - 195th Street West.. Combined with an existing .872 square foot attached garage the total accessory building. area totals 3,662 square feet. Planner Dempsey indicated that Mr. Stuke's property is zoned R-1, Low Density Single Family Residential. The Zoning Ordinance allows a maximum of 2,000 square feet and 20-foot building height for accessory structures in the R-1 District. Dempsey noted that Mr. Stuke has identified a need for the large detached accessory .building which will be used for storage of property maintenance equipment for the 20- acre parcel and other personal and recreational possessions. Dempsey further noted that staff is recommending the detached accessory building be removed from the property prior to any future subdivision or split of the principal parcel. • Mr. Stuke was in attendance and indicated his agreement to the stipulations recommended by staff in the April 10, 1998 Planning Report. Regular Planning Commission Meeting Minutes April 16, 1998 Page 8 There were no comments from the public. 98.64. MOTION b Wulff Second b Wanner to close the ublic hearin at 7:.12 .m. Y Y p g p Roll call vote was called on the motion. Ayes: Drotning, Cecchini, Wulff, Miller, Kot, Wanner, Rieb. Nays: 0. 98.65 MoTiorv by Miller, Second by Kot to recommend to City Counci! approval of the conditional use permit requested by Dean. Stuke to allow construction of an accessory building area in excess of 2,000 square feet and a height in excess of 20 feet on his property located at 11556 195th Street West subject to the seven stipulations as listed in the April 10, 1998 Planning Report and approval of the Findings of Fact dated April 16, 1998. Roll call vote was called on the motion. Ayes: Cecchini, Wulff, Miller, Kot, Wanner, Rieb, Drotning. Nays: 0. NEW BUSINESS City Planner Daryl Morey presented a request from Joseph Miller, Country Joe, Inc., to waive a requirement of the Harris Acres First Development Contract to provide a driveway turnaround on Lot 1, Block 1, Harris Acres First. Mr. Miller cited three reasons for his request in his letter dated April 3, 1998. In summary, Mr. Miller states that the 90-foot distance from the driveway to the 170th Street/Fairhaven Avenue intersection is sufficient distance for safe access to this lot. Mr. Miller also indicated that turnarounds are often used as parking spaces for ald cars, recreation vehicles, etc., rather than turnarounds for egress/ingress to the property. Further, it is Mr. Miller's opinion that turnarounds detract from the attractiveness of front yards. Commissioners Miller and Wulff expressed concern that this request does not become standard procedure. The Commission concurred with staff that it may be appropriate to develop specific criteria in reviewing the need for driveway turnarounds such as existing and/or anticipated area traffic, potential for vehicular and/or pedestrian safety issues, proposed lot size and layout, etc. Mr. Morey stated, in this case, Community and Economic Development staff is in agreement with Mr. Miller's assessment of this specific request and recommends removing the requirement for a driveway turnaround for this lot: 98.66 MorioN by Miller, Second by Cecchini to recommend to City Council an amendment to .the .Harris Acres First Development Contract to waive the requirement for the construction of a driveway turnaround for Lot 1, Block 1, Harris Acres First. Roll call vote was called on the motion.. Ayes: Wulff, Miller, Kot, Wanner, Rieb, Drotning, Cecchini. Nays: 0. • Community and Economic Develo merit Director Michael Sobota reminded thePlannin p g Commission of a Special Planning Commission Meeting-which has been scheduled for Regular Planning Commission Meeting Minutes April 16, 1998 Page 9 6:30 p.m. on Monday, May 4, 1998, to consider the vacation of an easement in the Zweber Farms 2nd and 3rd Additions. The next regular Planning Commission Meeting will be held at 6:00 p.m. on Thursday, May 7, 1.998. There being no further business, the meeting was adjourned at 7:25 p.m. Resp Ily submitt Donna Quintus, Record g Secretary ATTEST: • ~ l~ Laurie Rieb, Chair •