Loading...
HomeMy WebLinkAbout09-17-98 City of Lakeville PIANNLNG COMMISSION. MEETING MINUTES • September 17, 1998 The September 17, 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, Rieb, Drotning, Wulff, and Ex Officio David .Bellows. Absent: Wanner, Cecchini. Staff present: Michael Sobota, Community and Economic Development Director; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Ron Mullenbach, Planning Assistant; Tim Hanson, Assistant City Engineer; Robert Erickson, City Administrator; Roger Knutson, City Attorney; Jim Walston, Consulting City Attorney; and Donna Quintus, Recording Secretary. The minutes of the September 3, 1998 Planning Commission. Meeting were approved as printed. ITEM 5: PUBLIC HEARING: Tylewski Special Home Occupation Permit Chair Rieb opened the public hearing for consideration of the application of Holly Tylewski for a Special Home Occupation Permit to allow the operation of a nail care salon business in the R-2, Single Family Residential District. City Attorney Roger • Knutson attested that the legal notice had been mailed and published as required by state statute. Associate-Planner frank Dempsey presented an overview of the request from Ms. Holly Tylewski for a Special Home Occupation for the purpose of operating a nail care salon business from her home located at 10165 - 205th Court. The property is zoned R-2, Single Family Residential District. Home occupations are permitted in the R-2 District. A nail care salon home occupation is classified as a Special Home Occupation and a permit is required in accordance with the provisions of 11-3-2, the conditional use permit section of the Zoning Ordinance. Associate Planner Dempsey reviewed the proposed nail salon operation, including customer parking, hours of operation, and existing site conditions. A commercial snowmobile trailer is currently parked on the driveway of the applicant's home. Staff is recommending that the snowmobile trailer not be permitted or stored on the property as a condition of the Special Home Occupation Permit. Violation of this stipulation may result in the revocation of the permit. Dempsey noted that no sign is proposed with this Special Home Occupation. A request for a sign in the future would require an amendment to the Special Home Occupation Permit. • Ms. Tylewski was present and indicated her agreement to the conditions for approval of the Special Home Occupation Permit recommended by staff. Ms. Tylewski. further Regular Planning Commission Meeting Minutes September 17,.1998 Page 2 • indicated that the snowmobile trailer has already been removed from the property and is being stored off-site. There were no comments from the public. 98.145 MOTION by Kot, Second by Wulff to close the public hearing at 6:07 p.m. Roll call .vote was called on the motion. Ayes: Miller, Kot, Rieb, Qrotning, Wulff. Nays: 0. 98.146 MorloN by Kot, Second by Wulff to recommend to City Council approval of the application of Holly Tylewski for a Special Home Occupation Permit to allow the operation of a nail care salon business in a single family residence located at 10165 - 205th Court, legally described as Lot 3, Block 1, Meadows West 5th Addition, subject to the nine stipulations as listed in the September 11, 1998 Planning Report and approval of the Findings of Fact dated September 17, 1998. Roll call vote was called on the motion. Ayes: Kot, Rieb, Drotning, Wulff, Miller. Nays: 0. ITEM 6: ZWEBER FARM FIFTH • A. Public Hearing: Zweber Farms Fifth Preliminary Plat Chair Rieb opened the public hearing for consideration of the application of D.R. Horton, tnc. -Minnesota for the Zweber Farm Fifth preliminary plat of 70 single family lots. 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 application of D.R. Horton, Inc. for the preliminary plat of Zweber Farm Fifth. The preliminary plat consists of 70 single family lots on 32.67 acres of land located north of Dodd Boulevard, south of 175th Street, .and west of Highview Avenue. The property is zoned R-2, Single Family Residential District and the proposed use is consistent with the Comprehensive Land Use Plan. This plat lies immediately north of the 2010 Metropolitan Urban Service Area Boundary. The preliminary plat of Zweber Farm Fifth is proposed to be developed in two phases with the first phase consisting of 31 single family lots. The second phase will consist of the remaining 39 single family lots that are designated as Outlot A in the Zweber Farm Fifth final plat. City Planner Morey noted that the Zweber Farm Fifth preliminary plat includes a portion of Qutlot C, Zweber Farm First. An administrative subdivision is required to split 0utlot C, Zweber .Farm First to allow this property to be included in the Zweber Farm Fifth preliminary plat. The remaining portion of Outlot C will be preliminary and • final platted in a future phase of the Zweber Farm development. Regular Planning Commission Meeting Minutes September 17, 1998 Page 3 • 6. Zweber Farm Fifth Final Plat (Phase I) City Planner Daryl Morey provided an overview of the proposed Zweber Farm Fifth Phase I final plat which consists of 31 single family lots located in the northwesterly portion of the Zweber Farm Fifth preliminary plat, immediately east of Andersons Century Farm Addition. The Phase 1 Zweber Farm Fifth final plat is consistent with the Zweber Farm .Fifth preliminary plat. City Planner Morey indicated that there is an existing sanitary trunk sewer line within an easement which extends southwest through Zweber Farm Fifth to the City's water treatment plant. The Zweber Farm Fifth Phase I final plat proposes to locate the sanitary sewer easement within Hyde Park Avenue and 177th Street West right-of--way. Therefore, the existing easement will be vacated. Due to publication deadlines, this easement vacation request can be considered. at the October 1, 1998 Planning Commission meeting. City Planner Morey indicated that Community and Economic Development staff is recommending a minor modification to Stipulation No. 5 of the September 11, 1998 Planning Report. to read as follows: "The vacation of the existing sanitary sewer easement located within the Zweber Farm Fifth final plat shall be considered by the City Council simultaneously with the Zweber Farm Fifth final plat." The Planning Commission concurred with the recommendation for a modification to Stipulation. No, . 5. Gity Planner Morey stated that the developer has agreed to limit the number of new houses in the Zweber Farm development prior to the end of the 1998-1999 school year. This is consistent with the recommendation from ISD 194 that no occupancy permits be issued in Zweber Farm Fifth prior to )une 4, 1999 which is the last day of the school year i n IS D 194. Mr. Don Patton, D.R.. Horton, Inc. -Minnesota, and Richard Krier, RLK Kuusisto, Ltd., were in attendance and responded to questions from the Planning Commission and staff. Mr. Patton indicated his ageement to the stipulations as recommended by staff with the exception of Stipulation No. 7 which states that no "building permits" be issued in Zweber Farm Fifth prior to "April 1,.1999." Mr. Patton. requested that this stipulation be modified to read as follows: "No Certificates of Occupancy shall be issued in Zweber Farm Fifth prior to June 4, 1:999." Mr. Patton explained that this would allow contractors to construct homes during. the spring construction season with occupation of those homes projected after )une 1, 1999. Community and Economic Development Director Michael Sobota noted that this stipulation is in response to District 194's request that occupancy of these homes be .prohibited until after the 1998-99 school year to coincide with the school district's attendance boundary adjustments for the new elementary and new junior high school due to come on line in the fall 1999. The request from the developer for a modification . to Stipulation. No. 7 is consistent with the intent of the original condition and staff is not opposed to the proposed modification. The Planning Commission agreed to the requested modification to Stipulation No. 7. Regular Planning Commission Meeting Minutes .September t7, 1998 Page 4 • ISD 194 officials also recommended that a Hyde Park Avenue/178th Street road connection be constructed between the Zweber Farm and Andersons Century Farm subdivisions to accommodate pedestrian access and school bus routes to Cherry View and Eastview elementary schools. City Planner Morey indicated that the proposed street layout for the Zweber farm Fifth preliminary plat is consistent with this request. and will provide for vehicle and pedestrian access between neighborhoods and to both elementary schools located adjacent to these subdivisions. The proposed Hyde Park Avenue will be extended to the south from its existing terminus in Zweber Farm first and will provide a street connection to the Andersons Century Farm subdivision at 178th Street. City Planner Morey stated that Phase I of Zweber Farm Fifth includes the construction of the Hyde Park Avenuef178th Street connection to the Andersons Century Farm subdivision as requested by ISD 194. City Planner Morey explained that a portion of the Hyde Park Avenue/178th Street connection is located outside the 2010 MUSA. Because this segment of roadway is located outside the MUSA boundary, it is not included in the Zweber Farm Fifth preliminary and final plats.. Instead, it is being placed within a temporary 66-foot wide roadway, drainage and utility easement and will be platted as right-of-way when the portion of the Zweber Farm development located south of Zweber Farm Fifth is brought into the MUSA and is preliminary and final platted. Assistant City Engineer Tim Hanson noted that the subject roadway segment will be completed according to Subdivision Ordinance requirements for a minor collector street (without sidewalks) which includes a paved surface and concrete curb and gutter. City Planner Morey noted that Engineering Department staff have reviewed the grading, drainage, and erosion control elements ofZweber Farm Fifth preliminary plat and Phase I final .plat and have recommended approval subject to the comments and recommendations listed in the September 11, 1998 Engineering Report. The .Environmental Affairs and Parks and Recreation Committees have also reviewed the Zweber Farm preliminary and Phase I final plats and have recommended approval. Community and Economic Development Department staff has determined that the proposed Zvveber Farm Fifth preliminary and final plats are consistent with the Zoning and Subdivision Ordinance and in conformance with the Comprehensive Land Use Plan and recommends approval. There were no comments from the public. 98.147 MOTION by Kot, Second by Drotning to close the public hearing at 6:40 p.m. Roll call vote was called on the motion. Ayes Rieb, Drotning, Wulff, Miller, Kot. . Nays: 0. Regular Planning Commission Meeting Minutes September 17, 1998 Page 5 • Commissioner Wulff asked whether. the park area to the west of the Zweber .Farm Fifth preliminary plat would continue to be accessible for snowmobilers for the winter of 1998-99. Ms. Wulff stated that the park area is currently accessed via an existing snowmobile trail that traverses the Zweber Farm Fifth preliminary plat. Mr. Patton indicated that existing and anticipated utility installation and street construction for the Zweber Farm Fifth subdivision this fall will make safe snowmobile access across the Zweber Farm property to the park area impossible. Mr. Patton stated that he has had discussions with the Snowmobile Task Force and City Parks and Recreation staff and both are aware that the existing snowmobile trail will not be open for snowmobiles this winter. Commissioner Wulff questioned the reason for the jagged rear property lines on Lots 2, 4, and 10, Block 3. The developer indicated that they were not aware of the details for the configuration of these lots; however, they expressed their willingness to work with staff to evaluate the proposed property line alignment and to make adjustments to straighten these lot boundaries wherever possible. The Planning Commissioners agreed to add Stipulation No. 9 to read as follows: "The developer shat/ work with City staff to straighten the rear property lines for Lots 2, 4, and 10, Block 3, of the Zweber Farm Fifth preliminary plat prior to City Council consideration of the preliminary plat." 98.148 MOTION by Miller, Second by Wulff to recommend that City CounciF approval of the • Zweber Farm Fifth preliminary plat and Phased final plat subject to the eight (8) conditions listed in the September 11, 1998 Planning Report, as amended, with modifications to Stipulation No. 5-and Stipulation No. 7 and the addition of Stipulation No. 9 as discussed above. Roll call vote was called on the motion. Ayes: Drotning, :Wulff, Miller, Kot, Rieb. Nays: 0. ITEM 7. Public Hearing: Cooperative Power Association (CPA) Conditional Use Permit Chain Reb opened the public hearing for consideration of the application of Cooperative Power Association (CPA) for a Conditional Use Permit to allow the construction of a 115 kilovolt transmission power line, City Attorney Roger Knutson attested that the legal notice had been mailed and published as required by state statute. Associate Planner Frank Dempsey presented an overview of the application of Cooperative Power Association (CPA) for a Conditional Use Permit to allow the construction of a 115 kilovolt (kv) power line. The routing of this line is identical to an existing 69 kv line along Kenrick Avenue, 215th Street and Hamburg Avenue and proposes a new corridor along 210th Street, east of Hamburg Avenue, and along the west side of Cedar Avenue from 210th Street to Dodd Boulevard. The north-south portion of the current Line between County Road. 70 and the Air Lake substation is • located 650 feet west of Hamburg Avenue and over the Grist MiII building. This. portion of the line is proposed to be moved east to the west side of Hamburg Avenue. The distribution lines that exist along Hamburg Avenue are proposed to be buried Regular Planning Commission Meeting Minutes September 17, 1998 Page 6 • underground. The second area of change is proposed along 215th Street West where the current line is 35 feet from the center of the road. The new line would be moved ten feet further north to 45 feet from the center of the road in order to accommodate a future widening and upgrading of 215th Street west of County Road 70. Generally, the affected corridor is as follows: along the west side of Cedar Avenue (County Road 23) beginning at Lyndale Gardens, south of the Dodd Park electric substation, along the west side of Cedar Avenue to 210th Street; then west on the north side of 210th Street to the Airlake substation; then south along the west side of Hamburg Avenue to 215th Street (County Road 70) then west on the south side of 215th Street west of County Road 70 to the west side of Kenrick Avenue {County Road 5) then south to the city limits of Lakeville. The project area within the City of Lakeville encompasses a proposed corridor approximately eight miles long and will link three substations. Title 11-15-3 of the Zoning Ordinance allows electric power transmission and distribution. lines greater than 33 Kv through approval of a Conditional Use Permit. Associate Planner Dempsey stated that CPA has identified a need to upgrade its power distribution facilities in Lakeville due to growing power demand on its existing b9 Kv circuits.: Dakota Electric Association (DEA} is evaluating the extent to which individual services along. Cedar Avenue can. beplaced underground as a part of this project and the proposed widening of Cedar Avenue to four lanes. • Associate Planner Dempsey indicated that City staff and NSP and CPA representatives met with all businesses along Hamburg Avenue to inform them of the proposal and answer their questions regardingthis project. The benefits for each affected business property along Hamburg Avenue include: 1> looped underground electrical service; 2) upgraded street fighting; 3) relocated electrical transmission lines from over the Grist Mi l building to the Hamburg Avenue corridor; and 4) a portion of the west side of Hamburg Avenue right-of--way will be professionally landscaped following construction activities. All affected property owners along Hamburg Avenue have been informed of :the easements required for this project and each has verbally agreed to sign the proposed roadway, transmission., and utility easement agreements. Staff is recommending that these agreements be executed by each property owner along Hamburg Avenue prior to City Council consideration of the Conditional Use Permit.. Consulting City Attorney Jim Walston is working with City staff in obtaining the. easements which include necessary right-of--way for future widening of Hamburg Avenue as a minor collector. Associate Planner Dempsey provided an overview of a landscaping plan for Hamburg Avenue that is being proposed with this project. The proposed landscape design will enhance the streetscape on the west side of Hamburg Avenue. The landscape plan also provides for the replacement of several trees that would be removed with the proposed transmission line and underground service. Staff is recommending a revision to the Landscape Plan regarding species of plantings consistent with other various boulevard planting projects on Ipava Avenue near the Lakeville High School and Kensington Boulevard in Fairfield Business Campus. Regular Planning Commission Meeting Minutes September 17, 1998 Page 7 • Kevin Maas, Corporate Real Estate Advisor for CPA, William McGoldrick, CPA,Land Use Manager, Joe Mansur, NSP Design Engineer, and Ed Brunkhorst, DEA Land Use Manager, were in attendance and responded to questions from the Planning Commission, staff, and the public.. Mr. Gene Reisin er 18863 Cedar Avenue stated that his property is located along 11he west side of Cedar Avenue. He indicated that he was informed that there is a request for 100 feet of right-of way for future upgrade and construction of Cedar Avenue. He indicated that this will. cut into his front yard significantly and would like to know the exact location the power poles are to be located. Mr. Reisinger expressed concern that the poles could be placed very close to his home and could impact the view from his home. Mr. Reisinger also expressed concern for the safety of the proposed wooden power poles and their resistance to major wind storms such as the one that was experienced in May of this year. Mr. Reisinger further expressed concern that construction equipment necessary for the erection of the power poles. could impact his existing septic system and well. He questioned who will be responsible for any property damage that occurs as a result of the power pole installation. Mr. Stephen Hines, 7900 - 210th Street West,. expressed concern. that the transmission power line is proposed to cut across-residential property and stated his belief that this will have a negative impact on the value of those residential properties. Mr. Hines asked whether consideration had been given to alternative alignments for the. power poles. so that they would not Criss-cross residential properties. Mr. Hines further indicated his concern for the proposed high voltage and heat that emanates. from the transmission conductors and requested information as to the safety to affected properties and residents. Mr. Jacob Sells, 7926 - 210th Street West, indicated that he currently has electric power poles located to the south of his property in his rear yard and this proposal is to locate the CPA power poles to the north ofhis property which. will be visible from his front yard. Mr. Sells asked if there had been any consideration to combine these two lines into one line so that his property would not be impacted by power lines in both his front and rear yards. Mr. Sells reiterated Mr. Hines' concern for safety issues with the power lines being located in close proximity to homes. Mr. Chad Ruth, 17759 Layton Path, indicated he was representing Mr. Timothy Duoos, owner of Lyndale Garden Center, who owns the property at 17819 Cedar Avenue. Mr. Ruth stated, on behalf of Mr. Duoos, that there 'rs concern for the safety of the single family home located at 17775. Cedar Avenue, owned by Mr. Duoos and currently occupied by tenants, and for the safety of the approximate 35 employees of the Lyndale Garden Center who work in the fields located in this area. Mr. Ruth also requested • information regarding the exact positioning of the proposed poles on the Lyndale Garden Center property to determine ifthere would be an impact on the driveway access to the field site. Regular Planning Commission Meeting Minutes September 17, 1998 Page 8 • Ms. Bonnie Schweich, 8719 190th Street West, indicated she owns property along Cedar Avenue and Hamburg Avenue/210th Street. Ms. Schweich questioned. whether consideration -had been givento future roadway upgrades for Cedar Avenue in their proposed positioning of the transmission line poles to ensure that they are not placed in easements needed for future roadway construction. Ms. Schweich stated that when Cedar Avenue is upgraded she would not want these pales to be relocated again to accommodate the future road right-of--way. CPA, NSP, and DEA representative response included the following: • Power Poles -Wood vs. Steel: ? Aesthetics: Mr. Maas indicated that CPA is proposing wood power poles,. except for corner structures which will be steel with concrete foundations. Wood poles are being proposed because of the rural nature of the corridor and CPA staff felt that the wood poles would blend better with the rural environment. ? Stren h: Mr. Mansur indicated that there are varying strengths of wood; however, wood power poles can vary and are comparable to steel in strength based on their make-up/design. • Power Pole Height and Pole Separation: Mr. Mansur stated that the average span between poles. is 350 feet with an average: aboveground height of the poles at 80 • feet. • Pole Placement within Easements: Mr. Maas indicated-that pole placement within the road right-of-way easements has been reviewed by Dakota County and City staff. Poles are proposed to be located between future paved trail /ocation and right-of-way boundaries. The County has indicated that the poles be placed a minimum of two feet from the paved trail surface on Cedar Avenue. • Pole Location Relative to Private Property: Mr. McGoldrick indicated that the power company representatives make every effort to be environmentally sensitive and will work with each individual property owner to reach an agreement .for pole locations that is acceptable to all concerned parties. • Private Property Damage: Mr. Maas stated that CPA will be responsible for any damage done to private property as a result of the construction and maintenance of power poles. Mr. Maas indicated that that includes the replacement of trees, driveways, septic systems, wells, and compensation for crop damage. • Realignment or Consolidation. of Proposed CPA Transmission Lines along 210th Street West to Existing NSP Transmission Line along County Road 50: Mr. Maas indicated that GPA and staff considered combining the proposed CPA line with the existing NSP 69 kv line along 210th Street; however, it was determined that NSP would have to maintain its location along County Road .50 to provide service to their Farmington customers. • • Health/Safety Issues: Community and Economic Development Director Sobota indicated that there have been several studies conducted by federal agencies Regular Planning Commission Meeting Minutes September 17, 1998 Page 9 • regarding health impacts of high voltage power lines and no substantial impacts to health have been detected. • Burial of Transmission Lines: Mr. Mansur stated that it is not feasible to bury transmission lines due to the heat that is generated from the conductors. This would require encasement to insulate the lines and this would not be cost effective. Mr. Mansur further stated that the heat generated from the conductors when they are placed aboveground is insignificant and does not impact abutting properties or individuals because of the distance above ground level. There were no further comments from the public. 98.149 MOTION by Wulff, Second by Kot to close the public hearing at 8:20 p.m. Roll call vote was called on the motion. Ayes: Wulff, Miller, Kot, Rieb, Drotning. Nays: 0. City. Administrator Robert Erickson commended CPA, NSP, and DEA representatives for the amount of time and effort they have. invested 'rn this project and their efforts to provide as much information as they could to all affected property owners. However, Mr. Erickson noted that the Airlake business owners have had a greater opportunity to be informed of the details of the project through special meetings where information • was hared specific to each Airlake business property. Unfortunately, the Dakota County .Highway Department Open House andneighborhood meeting for affected residents was not as specific and the individual property owners appear to have many unanswered questions due to incomplete plans. Mr. Erickson recommended that CPA and. NSP take some more time to gather more specific information. such as a detailed drawing showing the following: 1) existing and proposed future road right-of--way along Cedar Avenue; 2) existingand proposed easement locations required for trails, road right-of-way, and CPA transmission line easements along the proposed transmission line corridor; 3) trail alignment along Cedar Avenue; 4) proposed pole locations;. and 5)access points, all in relationship to individual property Tines. Mr. Erickson also .recommended that a better understanding be provided regarding options or the feasibility of consolidation or realignment of existing NSP 69 kv transmission lines along County Raad 50 and .proposed CPA transmission lines along 210th Street. The Planning Commission agreed to place this. on the October 1, 1998 Planning Commission agenda for further discussion and formal recommendation to City Council to allow CPA and NSP time to provide the additional information to affected property owners. Mr. Maas indicated agreement to the two-week extension to allow them to address the issues presented by the residents. 98.150 MonoN by Wulff, Second by Kot to table action and continue discussion of the application of Cooperative Power Association (CPA) for a Conditional Use Permit to the October 1, 1998 Planning Commission meeting. • Roll call vote was called on the motion. Ayes:. Miller, Rieb, Kot, .Drotning, Wulff, Nays: 0. Regular Planning Commission Meeting Minutes September 17, 1998 Page 10 s . ITfM 8A. Comprehenswe Guide Plan Update: Issues Summary and Policy Plan Ron Mullenbach, Planning Assistant, continued discussion with the Planning Commission regarding the draft Issues Summary and Policy Plan portions of the Comprehensive Guide Plan Update. At the September 3, 1998 Planning Commission meeting the Planning Commission made a formal recommendation to City Council to accept the Issues Summary and .Policy Plan portions of the Comprehensive Guide Plan subject to Planning Commission comments and any additional comments received at the September 17, 1998 Planning Commission meeting. At the September 3, 1998 meeting the Planning Commission directed that a policy be drafted and added to the Transportation/Policies/Streets portion of the Policy Plan related to requiring local street networks which encourage interconnected neighborhoods, eliminate dead-end streets, and discourage neighborhood traffic from utilizing the City's arterial and collector streets. The following recommended policy was discussed and agreed to as follows: #10. Provide local street networks which encourage interconnected neighborhoods, ' and liha~ reduce the need for neighborhood traffic on arterial and collector streets for local trips. Planning Assistant Mullenbach indicated that this revision will be presented to the City Council. prior to their review and discussion of the Issues Summary and Policy Plan portions of the Comprehensive Guide Plan Update. ITEM 8B. Dakota County Joint Plannin~mmission Meeting Planning Assistant Mullenbach reminded the Commissioners of the Dakota County joint Planning Commission Meeting on Wednesday, September 30, 1:998 from 6:30 p.m, to 9:00 p.m. in the Rosemount City Hall Council Chambers at 2875 -145th Street West in Rosemount. The next Planning Commission Meeting will be held at 6:00 p.m. on Thursday, October. 1 1998. There :being no further business, the meeting was adjourned at 8:55 p.m. Respectfully submitted, o a Quintus, Rec ing Secretary ATTEST: auri Rieb, Chair