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HomeMy WebLinkAbout12-11-97 City Of Lakeville ~ PLANNING COMMISSION MEETING MINUTES December 11, 1997 The December 11, 1997 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:.. Bellows, Miller, Kot, Rieb, Amborn, Cecchini, Wulff. Absent: Wanner, Alternate Commission Member Luick. Also present: Robert Erickson, City Administrator; 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 November 20, 1997 Planning Commission Meeting were approved as presented. ITEM 4: ANNOUNCEMENTS Community and Economic Development Director Michael Sobota requested the December 11, 1997 Planning Commission Agenda be amended to add under NEw BUSINESS: Set January 1998 Planning Commission Meeting Dates. ITEM 5: PUBLIC HEARING: Ryt-Way Distributing: Variance Chair Rieb opened the public hearing for consideration of the application of Ryt-Way Industries for a building. setback variance from the front property line on land located at 7870 - 215th Street West. 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 Ryt-Way Industries fora variance to allow for the expansion of an existing non-conforming building located in the southeast quadrant of County Road 70 and Hanover Avenue. Planner Dempsey indicated that the 2.6-acre.. metes and bounds parcel is zoned 1-2, General Industrial District which requires a 40-foot front yard setback. The existing building was constructed in 1974 and is located 38.5 feet from the front property line (215th Street). The variance is far the existing building's non-conforming front yard setback. The proposed building addition will meet the setback requirements to all property lines. Associate Planner Dempsey noted that the subject property includes an existing 20,400 square foot industrial building. The proposed project includes a 17,780 square foot expansion of the building to the south and an expansion of the parking lot area to the south. Associate Planner Dempsey. indicated that the proposed addition requires a total. of 80 parking spaces. A total of 47 spaces are proposed on the site plan. Ryt-Way Industries is proposing to defer 33 parking spaces at this time. Staff has reviewed this request and will administratively approve a parking deferment subject to the City Council's approval of the variance. Associate Planner Dempsey discussed the ro osed landsca a treatment whi p p p ch mcludes screening of the loading berths from public right-of--way as required in the Zoning Ordinance. Mr. Jack Matasosky, Appro Development, Inc. and representative for Ryt-Way Industries, stated Regular Planning Commission Meeting Minutes December 11, 1997 Page 2 that nursery grown spruce trees will be planted in place of the relocated trees as shown on the landscape plan. Community. and Economic Development staff recommended approval of the requested variance subject to six stipulations. Mr. Matasosky indicated the developer is in agreement to the stipulations recommended by staff. There were no comments from the public. 97.162 MOTION by Wulff, Second by Kot to close the public hearing. - Roll call vote was called on the motion. Ayes: Miller, Kot, Rieb, Amborn, Cecchini, Wulff. Nays: 0. 97.163 MOTION by Amborn, Second by Wulff to recommend to City Council approval of the application of Ryt-Way Industries for a building setback variance from the front property line on land located at 7870 - 215th Street subject to the six stipulations as listed in the Planning Report dated December 5, 1997 and approval of the Findings of Fact dated December 11, 1997. Roll call vote was called on the motion. Ayes: Kot, Rieb, Amborn, Cecchini, Wulff, Miller. Nays: Q. • ITEM 6: 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 Dodd Valley Estates preliminary plat. City Attorney Roger Knutson attested that the legal notice had been mailed and published as required by state statute. Community and Economic Development Director Michael Sobota outlined the purpose of the hearing for the benefit of those in attendance. .City Planner Daryl Morey presented a detailed. review of the application from North Suburban Development, Inc. for the preliminary plat of Dodd Valley Estates which consists of 57 single family lots and two outlots on a 51.45-acre parcel of land located on the south side. of Dodd Boulevard between Flagstaff Avenue and Pilot Knob Road. Current zoning of the subject property is R-2, Single Family Residential District and the development of Dodd Valley Estates for single family homes is consistent with the low density residential development as designated on the land use map in the City's Comprehensive Land Use Plan. City Planner Morey noted. the Dodd Valley Estates preliminary plat details including the following: D Lot Configuration and Street Layout: All lot widths will be required to meet minimum Zoning Ordinance standards as part of the final plat. D Outlots: Outlot A is a remnant parcel which will likely be developed as single family lots • when the property to the east is developed. Outlot B, located in the southeasterly portion of the plat, identifies a conceptual lot layout and street design for future residential development. Regular Planning Commission Meeting Minutes December 11, 1997 Page 3 • Berming/Landscaping: The plat proposes the required additional 20-foot buffer yard for lots abutting Dodd Boulevard, for the purpose of installing a berm/landscape screen. Subdivision Identification Signs: None ire proposed. Existing House and Outbuildings: A house and five outbuildings located within the. plat boundaries will be removed and any existing well and septic systems will be abandoned in compliance with State and County regulations. ~ Grading, Drainage, Erosion Control and Utilities: The Engineer's Report dated December 5, 1997 provides a detailed review of the utilities, drainage and grading, and erosion control plans. The Environmental Affairs Committee reviewed the grading, drainage, and erosion control plans for Dodd Valley Estates at their meeting on December 9, 1997 and recommended approval ~ Park and Trail Dedication: At their December 3, 1997 meeting, the Parks and Recreation .Committee recommended acash-contribution to satisfy the park and trail dedication requirements for Dodd Valley Estates. In addition, the developer will be required to construct afive-foot wide concrete sidewalk on the west side of proposed Fairgreen Avenue. City Planner Morey indicated that the developer hosted a neighborhood meeting for the proposed Dodd Valley Estates development on November 25, 1997 at Fire Station No. 2 Approximately 20 residents. were. in attendance. The residents expressed concerns regarding current traffic volumes on Fairgreen Avenue between. Dodd Boulevard and 160th Street. The residents stated their belief that;the proposed extension of Fairgreen Avenue in the Dodd Valley Estates development would increase traffic through their neighborhood. City Planner Morey stated that as a result of the: concerns raised by the neighborhood regarding increased traffic volumes along their residential street, the City .recently placed traffic counters in the area and conducted a traffic study of the Fairgreen Avenue roadway segment between. Dodd Boulevard and 160th Street. In addition, Mr. Morey indicated that on December 15, 1997 the City Council will be reviewing a proposal to place stop signs on Dodd Boulevard at Flagstaff Avenue. The Council will likely approve the request which will improve neighborhood traffic movement. Assistant City Engineer Tim Hansan indicated that existing Fairgreen Avenue. is constructed to a 42-foot width. and is identified as a minor collector road in the City's Comprehensive Transportation Plan. Proposed Fairgreen Avenue will be constructed to the same standards as the existing Fairgreen Avenue to the north of Dodd Boulevard. City Engineer Hanson discussed the results of the traffic study, noting that approximately 480 trips per day along this roadway segment were counted just south of County. Road 4b. Compared to other neighborhood collector. streets such as Foliage Avenue (approximately 2,000 trips per day) and Flagstaff Avenue (approximately 3,700 - 4,000 trips per day) the traffic counts for Fairgreen Avenue are very low. Mr. Hanson indicated that the proposed Dodd Valley Estates development should not notably increase traffic counts along Fairgreen Avenue to 160th Street.. City Planner Daryl Morey responded to other concerns raised at the neighborhood meeting as listed in his memorandum dated November 26, 1997.. Most of the these issues raised by the residents were related to truck traffic, water quality, water pressure, snow removal, and public hearing notification procedures. Regular Planning Commission Meeting Minutes December 11, 1997 Page 4 City Planner Morey noted that the Dodd Valley Estates preliminary plat has been reviewed by • City Engineering Department staff, the Dakota County Plat Commission, and the Environmental Affairs and Parks and Recreation Committees. These organizations have indicated their recommendations for approval of the preliminary plat. Bruce Kerber, General Manager of North Suburban Development, Inc., and Ken Gust, project engineer, were present and responded to questions from the Commission. Mr. Kerber and Mr. Gust stated they are in agreement with the stipulations for approval as recommended by staff. Chair Rieb opened the hearing for public input. Todd Bishop, 1.6343 Fairgreen Avenue, presented a petition signed by neighborhood residents which states that the residents' request that the street access to the proposed Dodd Valley Estates development be moved from Fairgreen Avenue to Farcry Way to discourage additional traffic through their residential area. Mr. Bishop indicated that the residents that signed the petition believe that added traffic volumes will become a safety issue for the children that live between Dodd Boulevard and 160th Street on Fairgreen Avenue. Mr. Bishop suggested that a second access for the proposed development would provide an alternate outlet for the future residents and would also serve to alleviate potential traffic volumes on Fairgreen Avenue. Mr. Ervin Rechtzigel identified himself as the property owner of the land for the proposed : subdivision and that he also owns the land to the east of the subject property. Mr. Rechtzigel noted thata high voltage power line recently installed had been placed contiguous to his property along Dodd Boulevard .instead of next to the existing residential.neighborhood on the north side of Dodd Boulevard. He stated this was abenefit-to the existing residents. Kyle Gillett, 16289 Fairgreen Avenue, asked if it was feasible to requestthat Dakota County lower the speed limit on Dodd Boulevard to 40 miles per hour. City Engineer Tim Hanson responded that speed limits are set by the State Department of Transportation and that a study of the roadway design, sight distances, existing traffic and other criteria would probably not warrant a reduced speed limit for Dodd Boulevard. Mr. Hanson stated that in some instances speed limits have actually been raised when studies are conducted. Ms. Brenda Moeller, 3633 West 147th Street, Rosemount, MN, stated that she was representing her mother, Ms. Mary Elias, who owns the property contiguous to the west of the proposed development site. Ms. Moeller indicated that her mother is open to negotiations for consideration. of a land swap to accommodate a second access to the proposed Dodd Valley Estates development that would align with Finesse Avenue on the north side of Dodd Boulevard. Ms. Moeller suggested that a redesign of the street layout could better accommodate the proposed development as well as future development of the Elias property. Several street access options to the Dodd Valley Estates development were discussed. Staff indicated that negotiation of a land swap between North Suburban Development, Inc. and Ms. Elias would need to be concluded at this time to accommodate the timetable of the developer. In the absence of such an agreement at this time, staff recommends that the second access point be located at an alignment with Farcry Avenue. City Administrator Robert Erickson informed the residents in attendance that City staff is committed to addressing the neighborhood's concerns regarding traffic volumes on Fairgreen Avenue and safety issues at the Fairgreen Avenue/Dodd Boulevard intersection. Regular Planning Commission Meeting Minutes December 11, 1997 Page 5 Chair Rieb called fora 15 minute recess to allow staff to discuss street realignment and access options for the Dodd Valley Estates development with the developer and residents. Chair Rieb reconvened the public hearing at 8:00 p.m. Community and Economic Development Director Michael Sobota indicated that staff had reached a consensus and a tentative agreement with the developer based on the concerns and issues raised by the residents and Ms. Elias. Staff recommends the addition of a second access at Farcry Way and a reconfiguration of lots which involves a land trade between the developer and. Mr. Rechtzigel. Mr. Rechtzigel stated he was in agreement to the land trade involving a small piece of his adjacent property to the east. There were no further comments from the public. The Planning Commission discussed staff's recommendation. and agreed to the following modifications of the Dodd Valley Estates preliminary plat: 1) Farcry Way be added as a second street access at Dodd Boulevard; and 2) The configuration of Lot 1, Block b be changed to be more rectangular shaped. Mr. Kerber stated his agreement to the recommended preliminary plat modifications. 97.164 MOTION by Cecchini, Second by Amborn to close the public hearing. Roll call vote was called on the motion. Ayes: Rieb, Amborn, Cecchini, Wulff, Miller,-Kot. Nays: 0. 97.165 MOTION by Miller, Second by Kot to recommend to City Council approval of the Dodd Valley Estates preliminary plat subject to he 1 1 stipulations as listed in the Planning Report dated December 5, 1997 and subject to a revised preliminary plat that includes the modifications as i sted above. Roll call vote was called on the motion. Ayes: Amborn, Cecchini, Wulff, Miller, Kot, Rieb. Nays: 0, ITEM 8: NEW BUSINESS Set January 1998 Planning Commission Meeting Dates Community and Economic Development Director Michael Sobota requested the Planning Commission's consideration to reschedule the January 1998 regular Planning Commission Meeting dates to coincide with other City advisory committee meetings. 97.166 MOTION by Miller, Second by Cecchini to reschedule the regular Planning Commission meetings for January 1998 to Thursday, January 8th and Thursday, January 22nd to be in synch with the Environmental Affairs and Parks and Recreation Advisory Committees. Roll call vote was called on the motion. Ayes: Cecchini, Wulff, Miller, Kot, Rieb, Amborn. Nays; 0. Regular Planning Commission Meeting Minutes December 11, 1997 Page 6 Property Value Depreciation: Conditional Use Permit/Variance/Rezoning Criteria Community & Economic Development Director Michael Sobota indicated that at the request of the Planning Commission, staff had directed City Attorney Roger Knutson to prepare a legal opinion related to the City's current use of property value depreciation as a criteria for reviewing conditional use permit, rezoning, and variance requests. .City Attorney Knutson stated that the City's Zoning Ordinance lists depreciation of surrounding property values as one of the criteria for denial of an application for rezonings, conditional use permits, and variances. State statute does not expressly prohibit property value depreciation as a basis for denial, however, to have this as a consideration in reviewing land use applications misleads residents to the belief that a simple statement or written statement from a realtor is sufficient evidence that a specific land use will devalue abutting properties. City Attorney Knutson indicated that proving a depreciation of property values is very difficult and cited several examples recently rejected by Minnesota courts. Commissioner Cecchini expressed concern that to remove this criteria would prevent the City from using property devaluation as a reason .for denial of certain land uses that they feel would be detrimental to surrounding properties. Commissioner Cecchini also stated his belief that elimination of this criteria also takes away a resident's right to express their beliefs that property values may be adversely affected. City Attorney Knutson stated that even without the specific mention of property values in the ordinance, the City could still deny an application if the City determines that reliable proof. is produced that values would decline. The majority of the Planning Commission. indicated agreement that the City. should. consider eliminating depreciation of surrounding property values as a listed criteria when considering certain land use applications. 97.167 MOTION by Miller, Second by Amborn to direct staff to prepare a draft Zoning Ordinance amendment eliminating the property value depreciation criteria from the required findings for considering rezoning, variance, and conditional use permit requests and to schedule a public hearing for January 8, 1998 for consideration of said ordinance amendment. Rolf caN vote was called on the motion. Ayes: Wulff, Miller, Kot, Rieb, Amborn, Cecchini. Nays: 0. The next Planning Commission Meeting will be held at 6:OO p.m. on Thursday, January 8, 1998. There being no further business, the meeting was adjourned at 8:40 p.m. Resp ully submitte , onna Quintus, Reco ing Secretary ATTE T: Laurie Rieb, Chair A C~. r _ E~ THE INTENT OF THE PETITION: TO HAVE THE ROADWAY TO THE NEW ADDITION TO DODD POINT' HOUSING DEVELOPMENT MOVED FROM FAIRGREEN AVENUE TO FARCRY AVENUE. REASON: FAIRGREEN IS NOTED TO BE A MINOR COLLECTOR STREET . TIC ADDED VOLUME OF TRAFFIC WILL BE A SAFETY. ISSUE FOR THE CHILDREN THAT LIVE BETWEIN DODD BOULEVARD AND 160 STREET ON FAIRGREEN AVENUE. ~ nrflmo.~~.n4~11 ~ Co 3 U F/412~~~ ~ ~ _ _ 0 ~ _ . °.r..e.~' U-L--~-~-~ / ~O ~ Sly/ _ ~ f r'~ 1 ~ a ~w a _ ~ ~~a ~ b ~ O ~a~ tie Q v- ~ ~ ~ 1~~-tea ~ , ~ ~ U3~i 3 pro„ v~e~~? ~~,v.- t3.;.a _ . _ _ _ vLF'r . , s X ~ Q~ C"u~ ~~~•y e ~ It - r; , cl,~--°, - - ~j .-v, ~ 3 J L ~ - 't.~..- j~~ - ~ ~ ( t i. t rte., ~ ~2 ~ mac.. ~ h ~ ~ , _b 2~. ~ i i . _ . _ _ yV~ ~ - P L J Gtr. Ct U~, ~_~Qa~~l~n ~ _ - 1` ~ _ ~ _ ~ - - ~ r ~ - ~ E ~ A per. ~ t d ~~.4w....rc...- x.. 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