HomeMy WebLinkAbout11-20-97 City Of Lakeville
PLANNING COMMISSION MEETING MINUTES
• November 20, 1997
The November 20, 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 (arrived at 8:00 p.m.); 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 6, 1997 Planning Commission Meeting were approved as
presented.
ITEM 4: ANNOUNCEMENTS
City Planner Daryl Morey indicated that at a recently held neighborhood meeting for the
presentation of a proposed development of a day care center known as Tutor Time staff
had indicated. that the day care development could possibly be on the November 20, 1997
Planning Commission agenda. City Planner Morey stated that the Tutor Time development
proposal is now scheduled for formal review and recommendation at the December 11,
1997 Planning Commission Meeting and invited those present at this meeting for this
subject to attend the December 11, 1997 meeting. This proposal requires a public hearing
and all property owners within 500 feet of the day care site will be notified by mail, as well
as general notification through publication of the meeting notice in the City's official
newspaper, the Lakeville Life and Times, at least ten days prior to the public hearing date.
There were no audience members present for the Tutor Time day care development
proposal.
ITEM 5: CONSENT AGENDA
97.150 MOTION by Amborn. Second by Cecchini to recommend to City Council approval of the
November 6, i 997 Planning Commission Consent Agenda as follows:
5a. Approve the application of Nancy Guenther for an extension of a Special Home
Occupation to allow the operation of a hair salon in a single family residence located
at 17431 Fieldcrest Avenue.
Roll call vote was called on the motion.
Ayes: Miller, Kot, Rieb, Amborn, Cecchini, Wulff.
Nays: 0.
ITEM 6: PUBLIC HEARING: Dennis Gott: Conditional Use Permit
Chair Rieb opened the public hearing for consideration of the application of Dennis Gott
for a conditional use permit to allow the construction of a one-story covered front entrance
on a single family home to extend into the front yard building setback on land located at
-Regular Planning Commission Meeting Minutes
November 20, 1997
Page 2
8989 -163rd 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 Dennis Gott
for a conditional use permit to allow the construction of a single story covered front
entrance for a single family home located at 8989 -163rd Street West. The subject property
is zoned R-2, Single Family Residential District. Planner Dempsey noted that the zoning
ordinance allows aone-story entrance for a single family dwelling to extend into the front
yard setback not more than five feet by conditional use permit. Mr. Gott is proposing to
construct. his one-story entrance to within 26 feet of the front yard property line which
represents an encroachment of four feet within the required 30-foot front yard setback.
Community and Economic Development staff recommended approval of the requested
conditional use permit subject to three conditions. Mr. Gott was present and indicated he
is in agreement to the stipulations recommended by staff.
There was no public comment.
97.151 MOTION by Amborn, Second by Cecchini to close the public hearing.
Roll call vote was called on the motion.
Ayes: Kot, Rieb, Amborn, Cecchini, Wulff, Miller.
Nays: 0.
.97.152 MonoN by Wulff, Second by Miller to recommend to City Council approval of the
application of Dennis Gott for a conditional use permit to allow the construction of a one-
story covered front entrance within the front yard building setback on an existing single
family dwelling located at 8989 -1b3rd Street West, legally described as Lot 23, Block 2,
Trotters Ridge, subject to the three conditions as listed in the Planning Report dated
November 14, .1997 and approval ofthe Findings of Fact dated November 20, 1997.
Roll call vote was called on the motion.
Ayes: Itieb, Amborn, Cecchini, Wulff, Miller, Kot.
Nays: 0.
IrEn-t 7: PUBLIC HEARING: Juno Trail Street Vacation
Chair Rieb opened the public hearing for consideration of the application of the City of
Lakeville for the vacation of a portion of Juno Trail located on the west side of Lake Marion
between 195th Street and 202nd Street. City Attorney Roger Knutson attested that the legal
notice had been mailed and published as required by state. statute.
City Planner Daryl Morey indicated that the City Attorney's Office is requesting the
vacation of a portion of existing )uno Trail located across the Christian property recently
acquired by the City for park purposes located on the west side of Lake Marion. This
application is being submitted in response to the title company's request to clear up a title
issue associated with the City's purchase of the Christian property. Community and
Economic Development staff recommends approval of the vacation request.
There were no comments from the audience.
Regular Planning Commission Meeting Minutes
November 20, 1997
Page 3
97.153 MOTION by Amborn, Second by Kot to close the public hearing.
® Roll call vote was called on the motion,-
Ayes: Amborn, Cecchini, Wulff, Miller, Kot, Rieb.
Nays: 0.
97.154 MOTION by Miller, Second by Cecchini to recommend to City Council approval of the
request for the vacation of a portion of existing )uno Trail located on property described as
part of Government Lot 9, Section 24, Township 114,. Range 21, located on the west side
of Lake Marion pursuant to the memorandum from the City Attorney's Office dated
October 14, 1997.
Roll call vote was called on the motion.
Ayes: Cecchini, Wulff, Miller, Kot, Rieb, Amborn.
Nays: 0.
ITEM 8A: PUBLIC HEARING: Lake Villa Golf Estates 9th Addition
Chair Rieb opened the public hearings for consideration of the applications of Fortune
Realty, lnc. for: 1) rezoning of property located north of 179th Street from B-4, General
Business District to R-S, Single and Two Family, Medium Density Residential District; and
2) consideration of a cul-de-sac street-.length variance, City Attorney Roger Knutson
attested that the legalnotices had been duly mailed and published as required by state
statute.
City .Planner Daryl Morey presented an overview of the request from Mr. Byron Watschke
of Fortune Realty, Inc. for approval of the Lake Village Golf Estates 9th Addition final plat.
The final plat is located on an approximately 11.2-acre site located adjacent to and south of
179th Street West, between Kenyon Avenue and 179th Trail. The final plat consists of 2h
townhouse lots, one single family lot, four common area lots, and seven outlots.
Variance:
City Planner Daryl Morey stated that at the Lake Villa Golf Estates 9th Addition
preliminary plat neighborhood meetings and public hearing, the surrounding
neighborhood residents requested that a proposed private loop street connection at
179th Trail. be eliminated and the proposed loop street be changed to a cul-de-sac. The
redesign of the street layout results in a cul-de-sac length in excess of 500 feet, therefore,
a variance is required. The revised preliminary plat showing a cul-de-sac street was
approved by the City Council on May 19, 1997.
Rezoning:
City Planner Daryl .Morey indicated that, in conjunction with the Lake Villa Golf Estates
9th Addition: final .plat, Mr. Watschke has also submitted an application to rezone a
portion of his property located across 179th Street to the north of the proposed
subdivision from B-4, General Business District to R-5, Single and Two Family, Medium
Density Residential District. This action is also being. pursued as a result of discussions
held with residents at the Lake Villa Golf Estates 9th Addition preliminary plat
neighborhood meetings and public hearing.
Mr. Watschke agreed to rezone the property located across 179th Street to the north of
the Lake Villa Golf Estates 9th Addition property to medium density residential to
Regular Planning Commission Meeting Minutes
November 20, 1997
Page 4
provide a land use transition from I-35 and B-4 zoned land to the existing Lake Villa
• Galf Estates single family neighborhood.
City Planner Morey indicated that staff feels the. property proposed to be rezoned is
environmentally sensitive with wetlands, significant trees,. and steep slopes. The
development of this property is better suited to the clustered development of a medium
density residential project than a commercial project. The Comprehensive Guide Plan
redevelopment concept for the area and the land use plan map are consistent with
medium density housing..
Final Plat:
City Planner Morey noted that the Lake Villa Golf Estates 9th Addition final plat is
consistent with the preliminary plat approved by the City Council. The private
covenants for the subdivision are being reviewed by the City Attorney for determination
of any conflict with City ordinances and will be approved prior to City Council action
on the plat.
The Lake Villa Golf Estates 9th Addition property was rezoned from R-5, Single and Two
Family, Medium Density Residential District to PUD, Planned Unit Development
District subject to the recording of an approved #inal plat.
The proposed lot layout and building design are consistent with the PUD zoning.
However, Mr_ Watschke noted that George C. Maurer Construction has submitted
revised building plans and elevation drawings for the proposed townhouse building
units proposed to be constructed within this subdivision. The current grading plan
shows. proposed building separation at 20'feet.. Due to the revised building designs
resulting in increased building heights, Community and Economic Development staff
has determined that increased building separation is required between certain buildings.
After discussion with Mr. Watschke, staff agreed that a 20.5-foot minimum setback
between buildings is acceptable.
City Planner Morey presented the details. of the final plat including the following:
1) lot layout and street design;
2) setbacks;
3) landscaping;
4) subdivision identification signs;
5) tree preservation;
6) grading/utilities;
7) wetlands; and
8) park and trail recommendations.
Community and Economic Development staff recommends approval of the Lake Villa Golf
Estates 9th Addition final plat and cul-de-sac street length variance and the proposed
rezoning of the adjacent property from B-4 to R-5 subject to the 16 stipulations as listed in
• the Planning Report dated November 14, 1997 with an amendment to Stipulations No. 6
and No. 7 changing the setback between buildings from 22 feet to 20.5 feet.
Regular Planning Commission Meeting Minutes
November 20, 1997
Page 5
Mr. Byron Watschke, Fortune Realty, Inc., and Mr. Carl .Dale, project planner, indicated
• agreement to the stipulations as recommended by staff and responded to several questions
from the Planning Commission with regard to: 1) townhome unit price; 2) tree
preservation and landscaping/berming details; 3) snow removal/snow storage; 4) building
separation setbacks; 5) building pads and opportunities for future structure/deck additions;
6) pond/wetland locations; 7) traffic noise.
Commissioner Wulff expressed reluctance to agree to a cul-de-sac length variance which
she feels is based on surrounding. neighborhood wishes to eliminate through traffic, rather
than good site planning.
Chair Rieb opened up discussion to the public.
Mr. Scott Davies, 17819 Lake Cove Circle, stated he represented a majority of the
surrounding neighborhood residents and explained his role in responding to the
development of the proposed Lake Villa Golf Estates 9th Addition. Mr. Davies
commended City staff and the Planning Commission in their actions to rezone the property
to the north of the proposed development noting his appreciation of City staff's efforts. Mr.
Davies further expressed his desire that staff continue to react in a responsible manner to
future planning and development pressures that will occur in the future for property to the
north of this site.
There were no further comments from the public.
• 97.155 MOTION by Cecchini, Second by Amborn to close the public hearing.
Roll call vote was called on the motion.
Ayes: Wulff,.Miller, Kot, Rieb, Amborn, Cecchini.
Nays: 0.
The Planning Commission concurred with staff's recommendation #o modify Stipulations
No. 6 and No. 7 to read "20.5 feet" instead of "22 feet."
97.156 MoTioN by Cecchini, Second by Wulff to recommend to City Council approval of the
application of Fortune Realty, Inc. for the rezoning of property from 6-4, General Business
District to R-5, Single and Two Family, Medium Density Residential District and approval
of the Findings of Fact dated November 20, 1997.
RoN call vote was called on the motion.
.Ayes: Miller, Kot, Rieb, Amborn, Cecchini, Wulff.
.Nays: 0.
97.157 MOTION by Cecchini, Second by Wulff to recommend to City Council approval of the
application of Fortune Realty, Inc. for a cul~le-sac street length variance and approval of
the Findings of Fact in support of the variance dated November 20, 1997.
Roll call vote was called on the motion.
Ayes:. Kot, Rieb, Amborn, Cecchini, Miller.
Nays: Wulff.
Regular Planning Commission Meeting Minutes
November 20, 1997
Page 6
Commissioner Wulff noted her negative vote is because she is unable to support the
Findings of Fact fora variance, specifically to No. 5 of the Findings of Fact that indicates
that a cul-de-sae is needed to reduce traffic impacts on the adjacent existing single family
neighborhood at the 179th Trail/179th Street intersection.
97.158 MoTioN by Cecchini, Second by Wulff to recommend to City Council approval of the Lake
Villa Golf Estates 9th Addition final. plat subject to the 16 stipulations as listed in the
Planning Report dated November 14, 1997 with the revisions to Stipulations No. 6 and
No. 7 as agreed to and discussed above.
Roll call vote was called on the motion.
Ayes: Rieb, Amborn, Cecchini, Miller, Kot.
Nays: Wulff.
Commissioner Wulff indicated her negative vote is due to her belief that the cul-de-sac
length variance is based on an erroneous assumption by the existing contiguous
neighborhood that a street link through their neighborhood from the. proposed new
development would cause a critical traffic disruption to the existing neighborhood. Ms.
Wulff feels that a street connection represents good site planning.
ITEM 9: PUBLIC HEARING: Gateway Second Addition: Preliminary/Final Plat and Variance
Chair Rieb opened the public hearing for consideration of the application of Gateway
Development, LLC for: 1) the preliminary and final plat of four commercial lots to be
known as Gateway Second Addition; and 2) a variance for cul-de-sac street length, all on
land located west of 1-35 and:south of 172nd Street. City Attorney Roger Knutson attested
that the legal notice had been duly mailed and published as required by tate_statute.
City Planner Daryl Morey presented an overview of the applications from Gateway
Development, LLC required for he development of Gateway Second Addition as outlined
in his Planning Report dated November 14, 1997.
City Planner Morey indicated that two banks are considering locating on two of the four
lots in Gateway Second Addition.. The remaining two commercial lots have no proposals
for development at this time.
Preliminary Plat:
City Planner Morey stated that the Gateway Second Addition includes the re-platting of a
portion of the approved Gateway First Addition preliminary plat resulting. in one fewer
commercial lot with Kenyon Avenue terminating as a public cul-de-sac street instead of
a turnaround within. a private parking lot. The proposed cul-cle-sac is the preferred street
design by staff because it is more conducive to access to public maintenance and
emergency vehicles.
Variance:
Planner Morey indicated that Gateway Development, LLC has also submitted a variance
application to allow a cul-de-sac street (Kenyon Avenue) greater than 500 feet in length.
Regular Planning Commission Meeting Minutes
November 20, 1997
Page 7
Community and Economic Development staff recommends approval of the Gateway
Second Addition preliminary and final plat and cul-de-sac street length variance subject to
the seven stipulations as listed in the Planning Report dated November 14, 1..997.
Carl Tollefson, Gateway Development, LLC, and Jim Johnson, Bolton & Menlo project
engineer, were in attendance to answer questions from the Planning Commission and staff.
Mr. Tollefson indicated he is in agreement to the seven stipulations for approval of
Gateway Second Addition as recommended by staff.
City Attorney Roger Knutson clarified that the Planning Commission is acting on the
preliminary and final plat and variance request for Gateway Second Addition. The
proposal for banks as proposed land uses for two of the commercial lots is not an issue for
the Planning Commission public hearing.
The Planning Commission acknowledged and accepted for the record a memorandum
from Kathy Myers, 17281 .Kodiak Avenue, indicating objection to the proposal to construct
two banks in the proposed Gateway Second Addition. Ms. Myers' memo cited traffic
impacts as her primary concern for additional commercial development in this area.
Ms. Myers was present and noted that upon hearing staff's presentation on the proposed
Gateway Second Addition sheds satisfied that staff and the Planning Commission are
addressing issues for which she has expressed concern. Ms. Myers indicated her
appreciation for staff's recommendation for the re-grading and leveling out of 172nd Street
West to improve site distance and address safety issues.
Commissioner Amborn requested details`regarding the recommended re-grading and street
design for 172nd Street.. Assistant City Engineer, Tim Hanson, presented detailed drawings
of the proposed re-grading of 172nd Street and explained that any vehicle 3.5 feet high,
which would include motorcycles, would be seen by trafficexiting Kenyon Avenue onto
172nd Street after the re-grading is completed.
There was no further comments from the audience.
97.159 MoTio?v by Wulff, Second by Cecchini to close the public hearing.
Roll call vote was called on the motion.
Ayes: Amborn, Cecchini, Wulff, Miller, Kot, Rieb.
Nays: 0.
97.160 MoTioN by Cecchini, Second by Amborn to recommend to City Council approval of the
Gateway Second Addition preliminary and final plat and a variance to cul-de-sac street
length subject to the seven stipulations listed in the Planning Report dated November 14,
1997 and approval of the. Findings of Fact for a variance dated November 20, 1997.
Roll call vote was called on the motion.
Ayes: Cecchini, Wulff, Miller, Kot, Rieb, Amborn.
Nayss 0.
City Administrator Erickson addressed the Plannin Commission re ardin a sti ulation
g g g p
approved by the Planning Commission for the Zweber Farm First plat. Mr. Erickson stated
the Park department had several concerns with the "conservation area" posts required to
Regular Planning Commission Meeting Minutes
November 20, 1997
Page 8
be put in. Mr. Erickson asked the Planning Commission if they would consider the words
"public park" on the marking posts.
97.161 MoTioN by Wulff, Second by Kot to recommend to City Council an amendment to
Stipulation. No. 22 for approval of the Zweber Farm First final plat to read as follows: "The
developer shall install area posts at the rear of the lots abutting Outlot A that identify the
contiguous property as "public park."
Roll call vote was called on the motion.
Ayes:. Wulff, Miller, Kot, Rieb, Amborn, Cecchini.
Nays: 0.
The next Planning Commission Meeting will be held at 6:00 p.m. on Thursday, December.
11, 1997.
There being no further business, the meeting was adjourned at 8:30 p.m.
Respectfully submitted,
i~..~
onna Quintus,'Recor ing Secretary
- ~ ATTEST:
Eaurie Rieb, Chair
Thursday, November 20, 1997
M~°~
_ a . , ` egardin the ro~o, of
two banks at the site at Co Road 5 and 172nd Scree Gateway 2nd Addition.
My name is Kathy Myers, I live at 17281 Kodiak Avenue, Lakev e.
be at a band concert at Kenwood Trail this evening and unable to attend
until later.
When I called 985-PLAN and heard two banks were being proposed, my first
thought was back at the break time at the final city council meeting for the
approval of the Holiday Station at 172nd Street, I was talking to Bob Erickson
and he had .mentioned .that I and my neighbors should try to keep tabs on this
additional property as a bank was. showing some interest, AND that a bank
with drive-up .windows would produce a lot of traffic. And now you are
proposing not one bank but two banks??
We as neighbors are tired of having to argue with our city council about
things that just seem not right. I also remember at that last meeting Bob
Erickson mentioning that the Kodiak neighbors are constantly complaining
and that the city council has always given in, and the Holiday Station was. a
good idea for the 172nd location. Well we still have traffic congestion as we
told you there would be. And now you want to add two banks. I'm truly
confused. I would have thought that the city council learned their lesson on
.not putting a lot of commercial businesses so close to 35W. The area on the
.other side of the freeway (Burger King, Sinclair, Strip Mall, Subway, etc.)
is a total traffic duster.
Maybe you should also think ahead that there has been mention of the likely
possibility of Lake Villa having their road go through to 172nd Street which
would also produce a lot of traffic. How can our little intersection at 172nd
and County Road 5 handle all this traffic? It feasibly cannot. We already
have congestion with the Holiday Station, and now possibly two banks, plus
two MORE lots in this second addition after that, then maybe Lake Villa
coming onto 172nd?? I thought that the Lakeville Planning Commission and
City Council looked ahead. I wonder now? And also please keep in mind
how much more commercial property is also near us -how can our
intersection handle this additional future traffic when it is so close to 35W
• .and no chance of a stop light? Thank you. Kathy Myers, 435-8361