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HomeMy WebLinkAbout06-19-97 City Of Lakeville . PLANNING COMMISSION MEETING MINUTES June 19, 1997 Chair Rieb called the June 19, 1997 Planning Commission meeting to order at 6:00 p.m. in the City Hall Council Chambers. Roll call of members was taken. Present: Bellows, Miller, Wanner, Rieb, Cecchini, Wulff; and Alternate Commission Member Luick. Absent: Amborn. 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; Jim Walston, Assistant City Attorney; and Donna Quintus, Recording Secretary. Commissioner Vt~ulff requested that the minutes of the June 5, 2 997 Planning Commission meeting be amended on page nine, Item 10, to reflect that the applicant, Mr. Harlan Miller, responded to a question from Commissioner Miller rather than from • Commissioner Wulff. The minutes of the June 5, 1997 Planning Commission meeting were approved as amended. ITEM 4: ANNOUNCEMENTS;. Community and Economic Development Director Michael Sobota noted that the July 3, 1997 regular Planning. Commission meeting has been canceled due to the Fourth of July holiday. However, Sobota requested the June 19, 1997 Planning Commission meeting agenda be amended to add ITEM 13.C. Schedule Special Planning Commission Meeting for July 10,1997. ITEM 5: ONS +:NT A ~ +.NDA; 97.85 MOTION by Luick, Second by Miller to recommend to City Council approval of the June 19, 1997 Planning Commission Consent Agenda as follows: 5a. Approve Boulder Village West final plat; Sb. Approve Orchard Hills 1st Addition final plat; and Sc. Approve Orchard Hills 2nd Addition final plat. Roll call vote was called on the motion. Ayes: Miller, Wanner, Rieb, Luick, Cecchini, Wulff. Nays: 0. .Regular Planning Commission Meeting Minutes June 19, 1997 Page 2 • ITEM 6: PUBLIC HEARING: Crystal Lake Fairways Preliminary & Final Plat Chair Rieb opened the public hearing to consider the applications for the preliminary and final plat of Crystal Lake Fairways. City Attorney Jim Walston attested that the legal notice had been duly published and mailed as required by state statute. City Planner Daryl Morey presented an overview of the application from Mesenbrink Construction and Engineering, Inc. for the preliminary and final plat of Crystal Lake Fairways. The proposed Crystal Lake Fairways plat consists of 18 single family residential lots on 8.42 acres of land located south of Interlachen Boulevard and west of Highview Avenue. The subject property is zoned R-2, Single Family Residential District with all or portions of Lots 3-12, Block 2 of the proposed plat lying within the Shoreland Overlay District for North Creek and, therefore, the lots are each subject to the 25°fo impervious surface coverage limit. Development of the Crystal Lake Fairways subdivision is dependent upon the construction and completion of the public improvements for the proposed Hypointe Crossing 6th Addition and Interlachen Glen subdivisions located directly north and northeast of the Crystal Lake Fairways proposed development. The developers. for these three projects will coordinate the construction of the interrelated infrastructure (streets and utilities). • Because proposed Lots 1-10, Block 2, Crystal Lake Fairways abut Crystal Lake Golf Course, City staff required that Mr. Mesenbrink contact golf course representatives to discuss golf safety issues. City staff also directed that Mr. Mesenbrink create protective covenants for Crystal Lake Fairways similar to those for Crystal Lake Golf Estates to ensure compatibility of housing design and aesthetics for homes surrounding the golf course. Mr. Mesenbrink submitted proposed protective covenants for this development and also agreed to the recommendations of Mr. Joe Kreuser, PGA. Professional, who provided an analysis of the golf course safety issues concerning the .proposed development. In his letter dated May 19, T997, Mr. Kreuser recommends installation of additional landscaping and fencing along the border of the lots abutting the golf course. John Mesenbrink, developer, and Laurie Johnson, project architect, responded to questions from the Planning Commission and public. Mr. Mesenbrink indicated he is in agreement with the nine stipulations recommended by staff for approval of the Crystal Lake Fairways preliminary and final plat. Commissioner Wulff requested that staff reiterate to school district representatives that their comments on proposed residential developments are imperative because they assist the Planning Commission in determining whether developments are premature. . Commissioner Wulff indicated she feels strongly that school capacity issues be considered when reviewing proposed residential projects. Regular Planning Commission Meeting Minutes June 19, 1997 Page 3 • Community and Economic Development Director Michael Sobota indicated that he is currently discussing these issues with school district representatives. Written documentation from the school district is anticipated for all major residential subdivisions related to the school district's long range facility plans. Staff also requested that the school district identify current facility capacity issues and development related impacts particularly to schools located in boundary areas with high demand for residential. development. Assistant City Attorney Jim Walston acknowledged written correspondence from Mr. Ed Bugaj, owner of a vacant parcel of land (PID No. 22-00800-011-01) located southeast of the proposed Crystal Lake Fairways plat, expressing opposition to the proposed- development. Mr. Bugaj indicated his belief that past and current land development in this vicinity increases the potential for flooding of his property. Assistant City Engineer Tim Hanson responded that runoff from existing and proposed developments in this area discharges south toward a wetland complex adjacent to the North Creek channel. This wetland and channel area are within City-owned property. Approximately 75% of Mr. Bugaj's property is included in the 100-year flood zone with the balance of the property identified as wetland. The development of surrounding property will have minimum impact on Mr. Bugaj's property. • There were no comments from the public. 97.86 MOTION by Luick, Second by Wanner to close the public hearing. Roll call vote was called on the motion. Ayes: Wanner, Rieb,. Luick, Cecchini, Wulff, Miller. Nays: 0. 97.87 MOTION by Wulff, Second by Rieb to recommend to City Council approval ofthe application of Mesenbrink Construction and Engineering, Inc. for the Crystal Lake Fairways preliminary and final plat for the development of 18 single family residential lots on land located south of Interlachen Boulevard and west of Highview Avenue subject to the nine stipulations as listed in the June 19, 1997 Planning Report. Roll call vote was called on the motion. Ayes: Rieb, Luick, Cecchini, Wulff, Miller,. Wanner. Nays: O, ITEM 7: PUBLIC HEARING: Grey Foster Planned Unit Develoument/Conditional Use Permit • Chair Rieb opened the public hearing to consider the application of Greg Foster for a planned unit development/conditional use permit (PUD/CUP) to allow: 1) more than one detached accessory building in an R-A zoning district; 2} a total accessory building area greater than 13,068 square feet; 3) an accessory building greater than 20 feet in height; Regular Planning Commission Meeting .Minutes June 19, 1997 Page 4 • and 4) a commercial riding stable, all on property located at 19188 Judicial Road. Assistant City Attorney Jim Walston attested that the .legal notice has been duly published and mailed as required by state statute. Associate Planner Frank Dempsey stated that the subject 40-acre pazcel is located in the RA, Residential -Agricultural District and is located directly west of Ritter Farm Pazk. The proposed PUD/CUP would allow a change in the current use of the property from general agricultural to a single family home use with four detached accessory buildings and a commercial riding stable. Associate Planner Dempsey also provided a historical summary of the subject property. Dempsey indicated that the previous property owner operated a commercial riding table under a conditional use permit (CUP} issued in 1984. This use has since been discontinued which renders the 1984 CUP invalid and the existing detached accessory buildings are now classified asnon-conforming. The proposed PUD/CUP will bring the buildings into conformance with the conditional use permit requirements of the zoning ordinance. Associate Planner Dempsey presented detailed information regarding the specific proposed uses for the existing detached buildings. A 2,196 squaze foot brick barn will be • remodeled with sleeping rooms and restroom facilities (no kitchen accommodations) and used only by Mr. Foster's out-of--town guestslrelatives. The 1,800 squaze foot barn is proposed as a future pool cabana; the 1,040 squaze foot detached gazage will remain for use as a gazage; and the 26,985 square foot horse barn is to be used as recreation room azea in the front. The reaz azea of the barn will be used for boazding up to ten horses along with to Mr. Foster's own horses and, in addition, will be used as storage azea. Assistant City Engineer Tim Hanson presented details regazding the privacy berm. The berm is proposed for construction along the east side of Judicial Road along the entire property. The berm will be located east of the right-of--way for Judicial Road and. will not encroach into a required seven-foot drainage and utility easement as indicated on the grading plan.. Robert O'Brien, Greystone Construction representing Mr. Foster, responded to questions from the Commission and staff.. Mr. O'Brien indicated that Mr. Foster is awaze of the stipulations recommended by staff for approval of the PUDCUP and is in agreement with these requirements. Mr. O'Brien also indicated that the existing fence portholes along Judicial Road will be filled in as soon as .grading. for the berm commences. Commissioner Cecchini expressed his concern that approval of the requested PUD/CUP would allow for a commercial use of the Foster property as a riding stable. Mr. O'Brien clazified that Mr. Foster has no intent to offer horse rides to the public or to operate a commercial horse stable. Staff noted the zoning ordinance without a CUP does not allow boarding of unowned horses. Mr. Foster has indicated he would like to boazd up to ten Regular Planning Commission Meeting Minutes June 19, 1.997 Page 5 horses that he would not own and, therefore, needs the CUP for a commercial riding stable. Assistant City Attorney Jim Walston indicated that the PUD/CUP does not sanction or approve commercial activities on the property. However, the stipulations for approval can be modified to expressly prohibit commercial operations. Commissioner Wulff questioned if the City has any certification that the existing fence located along Mr. Foster's east property line does not encroach onto the Ritter Farm Park property. Staff responded. Mr. O'Brien agreed to complete and submit a survey establishing the easterly boundary of the Foster property and to eliminate any encroachments that may be discovered. There was no public comment from the audience. 97.88 MOTiOx by Wulff, Second by Cecchini to close the public hearing, Roll call vote was called on the motion. Ayes: Luick, Cecchini, Wulff, Miller, Wanner, Rieb. Nays: 0. .97.89 MOTION by Cecchini, Second by Wulff to recommend to City Council approval of the application of Mr. C. Greg Foster for a planned unit development/conditional use .permit to allow: 1) more than one detached accessory building on a lot in the R-A District; 2) a total accessory building area greater than 13,068 feet and 20 feet in height; 3) an accessory building greater than 20 feet in height; and 4) a commercial riding stable on property located at 19188 Judicial Road subject to the nine stipulations as listed in the Planning Report dated June 13, 1997 with the following modifications: 1) Modification to Stipulation No. 1 to read: "Use of the guest house rooms shall be temporary only and shall not be used as lodging rooms, lodging house, boarding house, motel or "bed and breakfast" related activities where any compensation of any kind is provided. 2) Modification to Stipulation No. 7 to read: "The following activities are not permitted on the property: a) commercial related activities, except for the boarding of up to ten horses owned by a party other than the property owner; b) providing horse rides to the public for a fee or otherwise; and c) home occupation related activities. " 3) Addition of Stipulation No. 10 to read: "Implementation of the recommendations listed in the June 13, 1997 engineering report. " • 4) .Addition of Stipulation No. 11 to read: "The applicant shaltsubmit to the City a Cert~cate of Survey that identifies the east property line to ensure that no encroachments currently exist. " Regular Planning Commission Meeting Minutes June 19, 1997 Page 6 • and to adopt the Findings. of Fact dated June 19, 1992 Roll call vote was called on the motion. Ayes: Cecchini, Wulff, Miller, Wanner, Rieb, Luick Nays: 0. ITEM 9A: Review of City of Lakeville 1997 - 2001 Caaital Improvement Plan Assistant City Engineer Tim Hanson presented details of the City's proposed 1997-2001 Capital Improvements Plan (CIP). The five-year plan is a long-range program that identifies the City's infrastructure, development objectives and the allocation of financial resources. It provides policymakers and the community with a documented approach to implementation and administration of construction programs. The City Council adopted a Capital Improvements Plan on May 20, 1996 which included Dakota County's 1995 CIP. Subsequently, Dakota County has amended its plan and its financing policy; therefore, the City. of Lakeville has revised its Plan to reflect those changes. The Planning Commission is responsible for reviewing the City's proposed 1997 - 2001 Capital Improvements Plan for consistency with the City's Comprehensive .Plan. Assistant City Engineer Hanson provided clarification and responded to several questions from the Commission regarding specifics of the proposed plan. 97.90 MOTION by Luick, Second by Miller to find the City of Lakeville 1997 - 200.1 Capital Improvement Plan is consistent with the City's Comprehensive Plan. Roll call vote was called on the motion. Ayes: Rieb, Luick, Cecchini, Wulff, Miller, Wanner. Nays: 0. ITEM 11C: Schedule Special Planning Commission Meeting for July 10,1997 Community and Economic Development Director Michael Sobota advised the Commission that since the July 3, 199? Planning Commission has been canceled staff is suggesting that a special meeting be scheduled for July 10, 1997. The purpose of the special meeting is to hear a presentation on the findings of the subcommittee on the Fuel Facilities Study Report. Representatives from the motor fuel industry will be invited to the presentation and they will be given an opportunity to respond to the recommendations of the study. Chair Rieb indicated that she could not attend a July 10th meeting. Commissioner Cecchini indicated that he could not commit at this time. All other Commission members indicated they would be available for a July 10, 1997 meeting. Staff will make arrangements to have this special meeting video taped to provide an opportunity for those absent to review the motor fuel industry's assessment of the study's findings. Regular Planning Commission Meeting Minutes June 19, 1997 Page 7 There being no further business, the meeting adjourned at 7:30 p.m. Resp tfully submitt Donna Quintus, Rec ding Secretary ATTES P ~i/~ Laurie Rieb, Chair