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HomeMy WebLinkAbout05-05-97 City Of Lakeville • Planning Commission Meeting Minutes June 5,1997 The meeting was called to order by Chair Rieb at 6:00 PM in the City Hall Council Chambers. Roll call of members was taken. Present: W. Wulff, D. Luick, H. Amborn, L. Rieb,. D. Miller, and Ex-officio Commissioner D. Bellows. Absent: B. Wanner and R. Cecchni. 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 Judi Ryan, Recording Secretary. ITEM 3: Approval of Minutes of the May 22,1997 Planning Commission Meeting.. The minutes of the May 22, 1997 Planning Commission meeting were approved as printed. • ITEM 4: Announcements: In the absence of Donna Quintus, Judi Ryan will be taking the minutes of the meeting. ITEM S: CONSENT AGENDA: A. Final Plat: Iiyponte Crossing 6th Addition: Commissioner Miller questioned item #9 of the stipulations. Mike Sobota explained that all nine lots abut the conservation area. Following the explanation, Miller agreed with the recommendation. 97.72 MOTION was made by Miller; Second by Amborn, to recommend to City Council approval of the application from U.S. Home Corporation for the. final plat of Hypointe Crossing 6th Addition, subject to the nine stipulations recommended by staff and listed in the Planners Report dated May 23, 1997. Roll call vote was called on the motion. Ayes: Wulff, Luick, Amborn, Rieb and Miller. Nays: None ITEM 6: PUBLIC HEARING: U.S. WEST NEwVECTOR GROUP. INC. & MNDOT Chair Rieb opened the public hearing to consider the application of U.S. West New Vector Group, Inc. and MnDOT to allow the construction of a freestanding cellular telephone antenna 80 feet in height on property located at 16850 Kenrick Avenue. Regulaz Planning Commission Meeting Minutes June 5, 1997 Page 2 • Assistant City Attorney Jim Walston attested that the legal notice had been duly .published and mailed as required by State Statute. Associate Planner Frank Dempsey explained that U.S. West NewVector Group, also known as Air Touch Cellular, has applied for a Planned Unit Development/Conditional Use Permit (PUDCUP) to construct an $0 foot tall cellular telephone monopole in addition to an equipment support structure of 12' X 24' on property owned by the State of Minnesota at 16780 Kenrick Avenue. Mr. Dempsey stated that no neighbors. attended the neighborhood meeting which was held on June S, 1997. Three existing pazcels which aze zoned B-4 and R-2 are required to be combined into one parcel for a total of approximately 12 acres. U.S. West has identified the need to improve cellular service in the area and this equipment will serve an azea of approximately three miles along I-35. .The proposed pole will be located 11.5 feet from Kenrick Avenue. Photos from vazious properties were shown with the monopole superimposed. Access to the praperiy will be from Kenrick Avenue. Staff recommends approval of the PUD/CUP subject to the. six stipulations listed in the Associate Planner's Report dated May 28, 1997 and Findings of Fact and Recommendation. Jaymes D. Littlejohn of Hessian, McKasy and Soderberg, representing the applicant, was present and stated his agreement with the stipulations. • Commissioner Wulff questioned the zoning of the property after the lot combination. Michael Sobota stated that the zoning would not change and the zoning boundary would not follow the property line as is the case in a number of locations within the City. Consideration of rezoning would not be addressed at this time but rather at the time the property is redeveloped. Wulff also questioned what building materials would be used. for the equipment station. Mr. Littlejohn stated that the building would be pre-fob and wired prior to placement on the site, stick built, with a mineral finish. Wulff suggested adding to the stipulations that the tower use be re-negotiated if MnDOT decides to redevelop the property. City Administrator .Bob Erickson stated that the CUP should run concurrently with the lease between MnDOT and U.S. West. Therefore, after the lease has expired, the City would have the right tore-examine the CUP. Mr. Littlejohn stated that it would seem reasonable that any subsequent entity would need to have a permit if U.S. West merges with another company or goes out. of business. Mr. Walston stated that along-term lease is an asset of the company and if a new party owns the property, their rights would continue according o the lease. It the tower becomes obsolete under current ordinance, it would be up to the company to remove it and if a new antenna is needed, it would need a new CUP for approval. Commissioner Miller asked if only the tower would be fenced or if the entire property is • fenced. Sobota stated that a fence exists along the east side of the property, however,. the property is not secured.. The proposed fence around the building will provide further security for the electronic equipment in the. building. The fence will also prevent kids Regular Planning Commission Meeting Minutes June 5, 1997 Page 3 • from attempting to climb the tower, even though the lower 20 feet of the pole will not have climbing pegs. Jeff Surrett, 16688. Kentucky Avenue, asked.about the distance from the homes to the north boundary line of the property. The proposed cellular antenna will be setback 96 feet from the :north property line; 115 feet from the west property line and 485 feet from the east property line. Mr. Surrett also questioned whether any trees would be removed.. Mr. Littlejohn stated that some small scrub trees no more than 2" in diameter would be removed. Mr. Littlejohn also assured residents that there would be no interference from the frequency. Ron Pardo, 16691 Kentucky Avenue, asked if there was any health hazard associated with the .tower and asked if the company was prepared to .pay for .any damages. Mr. Littlejohn explained that the amount of power that would reach surrounding homes would be very low and stated that published articles have stated that there are no hazards associated with this minimal amount of power. After review of the plans by staff, it was determined that Mr. Pardo's property is approximately 680 feet from the proposed tower location. Mr. Littlejohn also stated that the power will be monitored. Commissioner Miller asked that a stipulation be added that the CUP run concurrent with • the term of the lease on the property of the monopole. Commission members agreed. Commissioner Wulff stated that item #5 of the Findings of Fact should state .that the property is R-2, not R-l. Staffwill .make the correction. Bob Erickson recommended two additional stipulations be added: 1) That the monopole shall be painted a color as stipulated by the City. 2) No other antenna or antennae shall be added to the tower without a PUDCUP amendment. 97.73 MOTION was made by Arnborn, Second by Luick, to close the public hearing. Roll call vote was. called on the motion. Ayes: Wulff, Luick, Amborn, Rieb and Miller. Nays: None 97.74 MOTION was made by Arnborn, Second by Miller, to recommend to City Council a Planned Unit Development Conditional Use Permit to allow the construction of a freestanding cellular. telephone antenna 80 feet in height on property located at 1.6850 Kenrick Avenue subject to the stipulations in the Planners Report, the Findings of Fact with the addition of three stipulations: that the. monopole color be agreed to by the City of Lakeville; that no other antenna or antennae are permitted to be added to the tower without a planned unit development/conditional use permit amendment; and the Regular Planning Commission Meeting Minutes June 5, 1997 Page 4 • .conditional use permit for the tower shall run concurrent. with the terms. of the lease on the property. Roll call vote was called an the motion. Ayes: Wulff, Luick, Amborn, Rieb and Miller. Nays: None ITEM 7: PUBLIC HEARING: CHERRYFIELDS Chair Rieb opened the public hearing to consider the application of Tollefson Development, Inc. for rezoning of a portion of Cherryfields; and for consideration of the final plat of Cherryfields. Assistant City Attorney Jim Walston attested that the legal .notice had been duly published and mailed as required by state statute. City Planner Daryl Morey reviewed. the request to consider an R-A to R-2 rezoning for the southerly portion of Cherryfields, which is located on the east side of Highview Avenue at 175th Street. The final plat is consistent with the preliminary plat of Cherryfields, which was approved by City Council in April. The preliminary plat identified the need to rezone the southerly portion of Cherryfields from R-A to R-2. Commission members also received a copy of the proposed Findings of Fact. Morey explained that Outlot A will be deeded to the City in exchange for the City deeding property to be included in Lots 13-16, . Block 3. The extension of 175th Street will be constructed as a City improvement project simultaneously. with this development.. The landscape plans and tree preservation plans have been completed and are being recommended for approval by staff. A small wetland exists on the north side of the plat. The wetland will be bisected by Hibiscus Avenue. Some filling of the wetland will be needed and the developer is proposing off-site mitigation. Staff is recommending approval of the final plat plus rezoning of the southern portion from R-A to R-2. Commissioner Miller questioned the jog in the easterly boundary of Lot 13, Block 3. City Planner Morey stated that the lot line follows the boundary line of Cherry View 2nd Addition. In addition, the developer. will provide the berm and landscaping along 175th Street. Ex-officio member Bellows questioned the future alignment of 175th Street near Dodd Boulevard.. City Planner Morey stated that 175th Street will cross Dodd Boulevard and intersect with Cedar Avenue with future private development. Tim Hanson stated there .will be a stop sign on Hibiscus Avenue at 175th Street. 97.75 MOTION was made by Wulff, Second by Luick to close the public hearing. Roll call vote was called on the motion. Ayes: Wulff,. Luick, Amborn, Rieb and Miller. Nays: None Regular Planning Commission Meeting Minutes June 5, 1997 Page 5 • 97.7b MOTION was made by Luick, Second by Miller to recommend City Council approve the request by Tollefson Development, to rezone the southern portion of Cherryfields from R- A to R-2 and approve the final plat of Cherryfields subject to the stipulations in the Planners Report dated May. 23, 1997 and the Findings of Fact. Roll call vote was called on the motion. Ayes:. Wulff, Luick, Amborn, Rieb and Miller. Nays: None ITEM 8: PUBLIC HEARING: VALLEY CHRISTIAN CHURCH Chair Rieb opened the public hearing to consider the preliminary and final plat and conditional use permit of Valley Christian Church. Assistant City Attorney Jim Walston attested that the legal notice had been duly published. There had been amix-up in the mailings for two public hearings and the letters had inadvertently been placed in the wrong envelopes. A subsequent corrected mailing was sent. Mr. Walston stated that the public hearing or the actions ofthe Planning Commission would not be affected. Associate Planner Frank Dempsey addressed the Planning Commission concerning Valley Christian Church plat. The preliminary plat of Va ley Christian Church consists of a 14.5 . acre lot on land located north of Dodd Boulevard and east of Cedar Avenue and zoned R- 2. The proposed church and school building will be approximately 31,000 square feet with future .plans which could double the size of the building and expand the parking lot. Futureexpansion would require a CUP amendment and another public hearing. The plat meets the minimum size requirements for a lot in a residential area. The plat has been recommended for approval by the Dakota County 5oi1 and Water Conservation District, the Parks and Recreation. Advisory Committee and theBnvironmental Affairs Committee. Dempsey noted a trail is proposed to be constructed on the west side of the property from Cedar Highlands 5th Addition to the southern plat boundary. According to the landscape plan a small stand of trees on the site would not be disturbed. Additional shrubs and trees would be planted. The building would be constructed of :natural and synthetic materials and is planned to be off-white in color with gray shingles. The height of 32 feet is within the ordinance. In order to ensure that the proposed sign is compatible with the existing ordinance, staffrecommends that a detailed sign and .lighting plan be submitted by the developer prior to City Council consideration. Dempsey stated that the plat abuts a future proposed Dakota County HRA project which consists of 32 townhomes. A neighborhood meeting was held in February for both the Dakota County IiRA and church projects Staff recommends approval of the preliminary and final plat and conditional use permit for Valley Christian Church subject to the seven stipulations in the Planners Report dated May 28, 199?. Representatives of the Valley Christian Church exhibited a scale model of • the proposed church/school building. Regular Planning Commission Meeting Minutes June 5, 1997 Page 6 • Commissioner Miller asked about trash enclosures outside and was. informed that the trash will be stored inside the building. Commissioner Wulff asked whether the sign would be lighted. In response to their affirmative answer, Wulff asked if the sign could be moved closer to Glacier Avenue and, therefore, closer to the commercial area across Cedar Avenue. Representatives from the church stated that in order to move the sign that far south,. it would have to be moved too far back on the lot, due to the grade change. However, they are willing to move it as far south as practical. Wulff also asked ifcar headlights. would be disturbing to those homes across Cedar Avenue. Staff checked the grades and determined that it would not be a problem. Commissioner Luick mentioned that no doors are shown along one ofthe hallways in the floor plans. The developer stated that they were inadvertently left out of the drawing, but will exist. Chair Rieb asked if one access on Glacier is adequatefor Phase I. The developer stated that a second access will be provided in the second .phase of the project. Staff stated that a full access exists on Glacier Way,. with no additional signal planned. for the intersection • with Cedar Avenue at this time. Eric Kallaz, 17065 Georgetown Way, asked about the height of the berm along the adjoining lot lines along the north property line of the church. Assistant City Engineer Tim Hanson checked the grading plan of Cedar Highlands Sth Addition and told Mr. Ka11az that the existing hill would be lowered. The developer stated that as much ground cover as possible would be undisturbed and left natural. Sobota suggested it may be more appropriate to add several six-foot evergreens to the berm. Five to ten large trees would improve the screening. The drainage swale also needs to be developed. Staff requested a revised landscape plan relative to the neighbors' backyards be submitted prior to City Council action. 97.77 MOTION was made by Luick, Second by Wulff to close the public hearing. Roll call vote was called on the motion. Ayes.. Wulff,. Luick, Amborn, Rieb and Miller. Nays: None Commissioner Amborn asked if it would be appropriate to install mare shrubbery to eliminate deterioration or erasion of the berm. Sobota stated that he would evaluate the situation. when the revised landscape plan is submitted. Staff recommended the submittal of a revised landscape plan prior to City Council consideration. Regular Planning Commission Meeting. Minutes June 5, 1997 Page 7 • Another resident also questioned the fence which is proposed for the play area. Frank Dempsey stated that the fence also needs to be shown on the revised plan. Commissioner Wulff suggested a wood fence. would coordinate better than the chain link which is being proposed. Sobota stated that for long term durability and low maintenance, a chain link is abetter choice. The fence will be four to five feet in height and will meet current Lakeville standards. 97.78 MOTION was made by Miller, Second by Wulff, to recommend City .Council approve the preliminary and final. plat and. conditional use permit of Valley Christian Church to allow the construction of a church in an R-2 SingleFamily Residential District subject to the recommendations in the Planners Report dated May 23, .1997, the Findings of Fact and with the addition that a revised landscape and fencing plan be submitted prior to City Council consideration. Roll call vote was calved on the motion. Ayes:. Wulff, Luick, Amborn,Rieb and Miller. Nays: None ITEM 9: PUBLIC HEARING: Tarry Creek. • Chair Rieb opened the public hearing to consider the application of Mr. Peter Sampair for the vacation of existing street, drainage and utility easements located within the Tarry Creek final plat boundaries and to :consider the final plat of Tarry Creek. Assistant City Attorney Jim Walston attested that the public notices had been duly published and mailed as required by state statute. City Planner Daryl Morey stated that the final plat of Tarry Creek is located south of 160th Street and east of Highview Avenue and includes the extension of Griffon Trail to intersect with Highview Avenue. The final plat of Tarry Creek will vacate existing street, drainage, and utility easements and replace them with permanent street rights-of--way and drainage and utility easements. The final .plat is consistent with the approved preliminary plat except that: 1) the development will be done in one phase instead of three; and 2) one lot was eliminated because a verbal agreement with the neighboring property owners (Eiseles}was not consummated. All lots meet ordinance requirements with the exception of four corner lots on Griffon Trail that received lot area and width variances with the preliminary plat. Three proposed driveways will access Griffon Trail, which has been approved by the City Engineer. Mr. Morey stated that the extension of Griffon Trail to Higliview Avenue, an important. part of the Transportation Plan, is .being completed as part of this plat. The developer is proposing to insta l landscape screening on each of the five lots abutting • Highview Avenue. One acre of the eight-acre wetland is proposed to be filled with the extension of Griffon Trail. Mitigation will be on a l : l ratio off-site as agreed to: by the City of Lakeville and the Army Corp of Engineers. An eight-foot bituminous trail will be Regular Planning Commission Meeting Minutes June 5, 1997 Page 8 • constructed by the developer on the north side of Griffon Trail. and a five foot concrete sidewalk on the. south side of Griffon Trail. Staff is recommending approval of the final plat of Tarry Creek and vacation of existing street, drainage and utility easements located within the plat boundaries. Mr. Pete Sampair agreed to the stipulations in the planning report. Mr. Sampair also noted that the temporary subdivision identification sign that was part of the preliminary plat is proposed to now be a permanent sign with maintenance provided via a neighborhood association. The landscape architect is designing a plan for City Council consideration which would include a retaining wall with the sign to be located in the northeast corner of Highview Avenue and Griffon Trail. Heavy vegetation exists in the area where the sign is proposed. Morey stated the language of recommendation #14 of the Planners-Report needs to be modified to place the sign in a new Outlot D, making. it a permanent sign per: the ordinance. The developer will work with City staff on a permanent sign proposal, including setbacks, prior to City Council consideration. Commissioner Miller asked if Lot 1, Block 1, is large enough to construct a house. Mr. Morey stated that the lot meets the. requirements. The developer attempted to work with the adjoining landowner (Eisele), .but because they were unable to reach an agreement Outlot B will be incorporated into a lot at the time the Eisele property is developed. Morey also noted that in the Tree Preservation section of the Planners Report, the correct figure should be 52% of the trees are saved. 97.79 MOTION was made by Miller, Second by Wulff to close the public hearing. Rolt call vote was called on the motion. Ayes; Wulff, Luick, Amborn, Rieb and Miller. Nays: None Commission members agreed to .modify Item i 4 of the recommendations in order to allow for a permanent sign. Item 16 was also added to the recommendations to state, "Prior to City Council consideration of the final plat, the developer shall submit subdivision identification detailed sign plans for staff review." 97.80 MOTION was made by Miller, Second by Wulff to recommend City Council approve the final plat of Tarry Creek sub}ect to the recommendations in the Planners Report dated May 23, 1997 with the addition of recommendation #16 directing the submittal of a revised sign plan to allow for construction of a permanent sign in Outlot D; the modification to .recommendation # 14 to allow a permanent sign; and to approve the vacation of existing street, drainage and utility easements located within the Tarry Creek . final plat boundaries. Roll caIl vote was called on the motion. Regular Planning Cosson Meeting Minutes June 5, 1997 Page 9 Ayes: Wulff, Luick, Amborn, Rieb and Miller. Nays: None ITEM 1Q: PUBLIC HEARING: HARLAN MILLER. 9905 ITERI COURT EAST Chair Rieb opened the public hearing to consider the application of Hazlan Miller for an amendment to a conditional use permit approved in 1996. Assistant City Attorney Jim Walston attested that the legal notice had .been duly published and mailed as required by state statute. Frank Dempsey reviewed the request of Harlan Miller to construct an accessory building four feet narrower and eight feet longer, fora total of 32 squaze feet lazger than approved by the City Council on November 4, 1996. Mr. Dempsey explained that Mr. Miller was able to obtain. some pre-cast concrete panels which he would like to use, but which would slightly change the configuration of the proposed building. Commission members had received copies of previous minutes. In response to a question by Commissioner Miller, Mr. Hazlan Miller stated that the building would have roll-up doors. 97.81 MOTION was made by Miller, Second by Luick to close the public hearing. Roll. call vote was called on the motion. Ayes: Wulff, Luick, Amborn, Rieb and Miller.: Nays: None 97.82 MOTION was made by Amborn, Second by Luick to recommend City Council approve. the Conditional Use Permit Amendment application of Hazlan Miller, to allow the construction of an accessory building at 9805 Iteri Court East. Roll: call vote was called on the motion. Ayes: Wulff, Luick, Amborn, Rieb and Miller. Nays: None ITEM 11: PUBLIC HEARING.. TOM RYAN, 16615 IPAVA AVENUE Chair. Rieb opened the public heazing to consider the application of Tom Ryan for a Conditional Use Permit Amendment. Assistant City Attorney Jim Walston attested that the legal notice had been duly published. There had been amix-up in the mailings for two public hearings and the letters had inadvertently been placed in the wrong envelopes. A subsequent corrected mailing had been made. Mr. Walston stated that the public hearing or the actions of the Planning Commission would not be affected. Associate Planner Frank Dempsey explained that Conditional Use Permit No. 96-10 allowed a combination of attached garaged and detached accessory building azea of 2,782 squaze feet and brought the existing buildings into compliance with the ordinance. The proposed second detached accessory building would be a small, 144 square foot storage Regular Planning Commission Meeting Minutes June 5, 1997 Page 10 • shed, for a total area of 2,926. square feet. 1Vtr. Ryan stated that the proposed `building would be used for equipment storage and would not be visible from Ipava Avenue due to topography. He stated that the shed willhave the sarne roof and doors to match the home on his property and be landscaped. 97.83 MOTION was made by Amborn, Second by Wulff to close the public hearing. Roll call vote was called on the motion. Ayes: Wulff, Luick, Amborn, Rieb and Miller. Nays: None Community & Economic Development Director Michael Sobata referred to Item g. of the Recommendations of the Planners Report and asked Mr. Ryan to provide the City with proof of his house meeting the minimum above grade finished floor area. of 2,000 square feet. This. should be submitted prior to Council consideration. Mr. Ryan agreed. 97.84 MOTION was made by Wulff, Second by Luick to recommend City Council approve the application of Tom Ryan for an amendment to Conditional Use Permit No. 96-10, to allow the construction of a detached accessory building at 16615 Ipava Avenue subject to the Planner's Report dated May 28, 1997. • Roll call vote was called on the motion. Ayes: Wulff, Luick, Amborn, Rieb and Miller. Nays:. None Commissioner Amborn stated that he would be unable to attend the next meeting of the Planning Commission. Alternate member Luick was asked to attend in his place. There being no further business, the meeting was adjourned at 8:30 PM. Respectfully submitted, Judit A. Ryan, Recording ~ ecretary ~L Laurie Rieb, Chair •