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HomeMy WebLinkAbout04-17-97 City Of Lakeville PLANNING COMMISSION MEETING MINUTES April 17, 1997 The 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: Whitehouse, Rieb, Amborn, Cecchini, Wulff and ex-officio member Bellows. Absent: Miller, Alternate Luick. Also present: Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development Director; Daryl Morey, City Planner;. Tim Hanson, Assistant City Engineer; Jim Walston, Assistant City Attorney; and Donna Quintus, Recording Secretazy. The minutes of the Apri13, 1997 Planning Commission meeting were approved as printed. ITEM 5: PUBLIC HEARING: Bi, iF N .RON BAY: Chair Rieb opened the public hearing to consider the applications submitted by Glenn and Diane Hulbert for: 1) the preliminary and final plat of Blue Heron Bay; 2) a planned unit development-conditional use permit (PUDCUP); 3) lot width and side yard setback variances; and 4) a vacation of a portion of Glendive Avenue. Assistant City • Attorney Jirn Walston attested that the legal notices had been duly published and mailed as required by state statute. PRELIMINARY & FINAL PLAT City Planner Morey provided a brief history of the subject property indicating that this plat consists of the replatting of several lots of Marion Heights and Greer. Sullivan's Rearrangement. Three court actions aze currently pending regarding this property which include a boundary dispute, condemnation action, and an assessment appeal. Planner Morey indicated that approval of the Blue Heron Bay plat as proposed will resolve or settle these legal actions. City Planner Daryl Morey presented an overview of the applications from Glenn and Diane Hulbert regarding the proposed Blue Heron Bay preliminary and final plat. The proposed subdivision consists of six single family residential lots on approximately three acres of land located on the south side of 202nd Street, east of Kensington Way. The proposed residential use is consistent with the current R-2, Single Family Residential District zoning of the subject property and the low/medium density residential designation as indicated on the Comprehensive Plan's land use map. The subject property also lies within the Shoreland Overlay District for Lake Marion. • The Hulberts aze planning to construct wood fencing, trail/stairway access to Lake Mazion, and two docks on Lake Mazion. The trail/stairway will provide access from each of the proposed six lots in the Blue Heron Bay development to the two docks .proposed on Lake Marion via a private easement along proposed Lot 5. Covenants on Regular Planning Commission Meeting Minutes April 17, 1.997 Page 2 • all lots and a homeowner's association will provide for the maintenance and preservation of the private fence, trail, stairway, and docks that will be shazed by the owners of Lots 1-4. The City's Engineering Department, the Dakota County Soil and Water Conservation District, the Minnesota Department of Natural Resources, and the Environmental Affairs Committee have reviewed the Blue Heron Bay preliminary and final plat plans and have recommended approval. At their April 16, 1997 meeting, the Parks and Recreation Committee recommended a cash contribution to satisfy the pazk and trail dedication requirements. Community and Economic Development staff recommends approval of the Blue Heron Bay preliminary and final plat subject to the nine stipulations as listed in the April l 1, 1997 Planner's Report. PLANNED UNIT DEVELOPMENT -CONDITIONAL USE PERMIT (PUDCUP) The Hulberts are requesting a PUDCUP to allow afive-foot front yard setback reduction for Lots 1, 2, and 3, Block 1 in the proposed Blue Heron Bay plat. All three lots are located on the proposed cul-de-sac street. City Planner Morey indicated that these lots meet the ordinance criteria to allow front Yazd building setback reductions by PUDCUP for cul-de-sac streets in environmentally sensitive areas. Therefore, Community and Economic Development staff recommends approval of the PUDCUP • as requested. LOT WIDTH AND SIDE YARD SETBACK VARIANCES The Hulberts are also requesting approval of a lot width variance for Lots 4, 5, and 6 of the proposed Blue Heron Bay plat. These three lots exceed the minimum ordinance requirement for lot azea with adequate width to the reaz of each of the three lots that will sufficiently accommodate a house pad. The subject lots are composed of steep slopes and significant trees. In addition, the Hulberts are requesting approval of a side yazd building setback vaziance for proposed Lot 6 to allow a 10-foot building setback from the south side lot line. The R-2/Shoreland Overlay District side yazd building setback requirement is 2Q feet for lots that abut bodies of water. This request is based on a hazdship of steep slopes and significant trees. Community and Economic Development staff recommends approval based on the draft findings of fact dated April 17, 1997. GLENDIVE AVENUE STREET VACATION The proposed Blue Heron Bay preliminary and final plat includes a small triangular .shaped portion of the Glendive Avenue platted right-of--way within proposed Lot 6. Thisright-of--way is no longer needed for street purposes due to the 202nd Street Improvement Project which resulted in the elimination of access from 202nd Street to • Juno Trail by terminating 202nd Street via cul-de-sac. Community and Economic Development staff recommends approval of the street right-of--way vacation as requested. Regular Planning Commission Meeting Minutes April 17, 1997 Page 3 . Mr. and Mrs. Hulbert were in attendance to answer questions and provide clarification of the details regarding the Blue Heron Bay proposed subdivision. They indicated they were in agreement with the conditions for approval as recommended by staff Chair Rieb opened the public hearing for comment from those present in the audience. Kathie Rogers, 10583 West 202nd Street, requested clarification of the variances that are being requested as a part of this plat. Ms. Rogers indicated that she had previously discussed the possibility of constructing a garage addition to her existing home and was told that a variance would be required. However, she had been informed by City staff that City staff would not support her request for a variance. Staff responded that hardship based on physical/environmental specific conditions were needed to justify a variance. Augusto F. Molina, 20331 Jupiter Way, requested additional. information regarding the proposed grading plan and trailway and the environmental impacts they would have an the Austin Bay area of Lake Marion. Mr. Molina also expressed concern regarding control and enforcement of additional vehicular and pedestrian traffic attempting to gain access to Lake Marion through this plat. Mr. Molina further expressed concern for the removal of trees on the subject property and requested clarification of the City's Tree • Preservation Ordinance. Staff responded. Mr. D. Bruce Steeples, 10655 West 202nd Street, expressed concern that approval of this plat would be setting an unsafe precedent by allowing construction of the two proposed docks and allowing a sharing of those docks by this neighborhood. Assistant .City Attorney Walston indicated that the DNR is the reviewing agency for allowing the construction of the docks. The ownership arrangement is governed by private agreement and is not enforceable by the City. Mr. Steeples .indicated that he had been informed by City staff that if his home were to be destroyed. and would. require .reconstruction he would be required to acquire a variance to rebuild on his iot. Mr. Steeples stated for the record that should this occur he would hope that the City would grant a variance to allow him to rebuild his home on his substandard lot. 97.41 MOTION by Whitehouse, Second by Wulff to close the public hearing. Roll call vote was called on the motion. Ayes: Whitehouse, Rieb, Amborn, Cecchini, Wulff. Nays: 0. • Mr. Amborn asked if the PUDCUP criteria were met for the setback reduction. Staff responded that 3 of 61ots were allowed the reduction and that saving additional significant trees would occur with this setback reduction. Staff also noted that the 75 foot setback from the OHWL was met for all lots. Regular Planning Commission Meeting Minutes April 17, 1997 Page 4 97.42 MOTION. by Whitehouse, Second by Amborn to recommend to City Council. approval of the applications submitted by Glenn and Diane Hulbert for: 1) the Blue Heron Bay preliminary and final plat; 2) the Planned Unit Development -Conditional Use Permit to allow afive-foot front yard building setback reduction on Lots 1-3, Block 1, Blue Heron Bay and the findings of fact; 3) a lot width variance for Lots 4-6, Block 1, Blue Heron Bay and a side yard building setback variance for Lot 6, Block 1, Blue Heron Bay and the findings of fact; and 4) .the vacation of a portion of Glendive Avenue right-of--way located within the Blue Heron Bay preliminary and final plat boundaries, all subject to the nine stipulations as listed in the April 11, 1997 Planner's Report. Rolf call vote was called on the motion. Ayes: Rieb, Amborn, Cecchini, Wulff, Whitehouse. Nays: 0. ITEM 6: PUBLIC HEARING: ISD 194: Mc~UiRF..TTTNinR HTCrA SCAnnT.: Chair Rieb opened the public hearing to consider the application from Independent School District 194 far a Conditional Use Permit (CUP) Amendment to allow the . placement of portable classrooms at McGuire .Junior High School in an R-6, Medium Density Residential District on property located at 21220 Holyoke Avenue. Assistant City Attorney Jim Walston attested that the legal notice had been duly published and mailed as required by state statute. Community and Economic Development Director Michael Sobota presented the request from ISD 194 for approval of a CUP Amendment to their Conditional Use Permit No. 91-01 to allow the placement of four portable temporary classrooms at McGuire Junior High School located at 21220 Holyoke Avenue. The property is zoned R-6, Medium Density. Residential District which .allows schools by conditional use permit. The portable structures will serve as temporary classrooms and will be removed from the site as-soon as the planning, funding, and construction of permanent facilities is complete. ISD 194 has agreed to remove the four temporary buildings by August 31, 1999 and reserves the right to apply for an amendment prior to that date should circumstances deem it necessary for the temporary buildings to remain on site. ISD architect Kevin Sullivan was present and indicated the District's agreement with staff recommendations. There were no comments from the public 97.43 MOTION by Wulff, Second by Amborn to close the public hearing. • Roll call vote was called on the motion. Ayes: Amborn, Cecchini, Wulff, Whitehouse, Rieb. Nays: O. Regular Planning Commission Meeting Minutes April 17, 1997 Page 5 97.44 MUTION b Amborn Second b Whi h y y to ouse to recommend to City Council approval of the request from ISD 194 for an amendment to Conditional Use Permit No. 91-O1 to allow the placement of four (4) portable classrooms at McGuire Junior High School located at 21220 Holyoke Avenue subject to the four stipulations as recommended in the Planner's Report dated April 9, 1997 and the findings of fact dated April 17, 1992 Roll call vote was called on the motion. Ayes: Cecchini, Wulff, Whitehouse, Rieb, Amborn. Nays: 0. ITEM 7: PUBLIC HEARING: JosEPA R. i.AY , tx ~TRF..T VA ATTON R .O T .ST: Chair Rieb opened the public hearing to consider the application of Joseph Robert Layeux for the vacation of an existing portion of Setter Avenue as platted in Lyndale Lakes Club No. 2. Assistant City Attorney Jim Walston attested that the legal notice had been duly published and mailed as required by state statute. Commissioner Cecchini excused himself from the dais and discussion regarding the Layeux street vacation request due to the proximity of his property to the subject property. • City Planner Daryl Morey presented an overview of the request from Mr. Joseph Layeux for the vacation of a portion of Setter Avenue right-of--way platted in 1926 in Lyndale Lakes Club No. 2, located adjacent to the south side of 175th Street, south of Orchard Lake, and east of Bracketts Townhomes. Although this subdivision was platted in 1926, no streets were ever constructed, including the existing Setter Avenue right-of--way. Mr. Layeux's street vacation request includes the Setter Avenue street right-of--way located westerly and adjacent to Lots 23-26, Block S, Lyndale Lakes Club No. 2. Mr. Layeux is planning to combine Lots 1-4 and 23-29, Block 8 into one parcel and then administratively subdivide that parcel into two buildable lots. The existing Setter Avenue right-of--way is only 15 feet wide. A 60-foot right-of-way width is required to meet current ordinance standards for street construction. The portion of Setter Avenue right-of--way located to the south is not proposed to be vacated at this time.. Technically, access to the properties to the south is also provided via Calhoun Street located east of Setter Avenue and the Layeux property. A wetland delineation, tree inventory, and topography analysis would be needed to determine how much of the property to the south is developable and if and how a constructed road access could be achieved. The surrounding property owners were notified of this public hearing in order to get their input as to whether or not the City should acquire additional right-of--way from Mr. Layeux for Calhoun Street. Unfortunately, staff was unable to reach the owner of one of the largest number of lots in this area, Kenneth Olson. Dakota County tax records did not have a current address for Mr. Olson. Regular Planning Commission Meeting Minutes April 17, 1997 Page 6 Mr. La eux owns a house located on Lot 29 Block 8 which is Y currently nonconforming with regard to building setbacks, lot azea, and lot width. Mr. Layeux's proposed administrative subdivision/combination and Setter Avenue right-of--way vacation requests will eliminate the lot azea and lot width nonconformities. In addition, Mr. Layeux is proposing to relocate his existing house within the east proposed parcel such that it meets building setback requirements. Staff agrees that the requested planning actions will remove impediments to the subject property and provide for two conforming residential lots. Also, there aze no public or private utilities located within the portion of Setter Avenue right-of--way proposed to be vacated. Finally, the existing 15-foot width of Setter Avenue is substandazd for providing future street access to the properties located south of 175th Street. However, Community and Economic Development Department staff is withholding recommendation subject to review of any issues or concerns raised at the public heazing by the surrounding property owners. Commissioner Whitehouse requested clazification of the proposed lot reconfiguration and the City's ownership of a portion of Lot 1, Block 8. Staff responded. Chair Rieb opened the heazing for public comment. Mr. Harry Villella, 1910 Walnut Street, St. Paul, MN and owner of Lots 1-3 and 14-16, Block 9, Lyndale Lakes Club No. 2, expressed concern that the proposed vacation of Setter Avenue will landlock his property indicating he was of the opinion that no other access could be gained due to existing wetland areas. Staff responded that Mr. Villella's property still has access from Calhoun Street platted right-of--way. Mr. Villella stated he knew of an old access road constructed many yeazs ago, but did not know if it was on Setter Avenue or Calhoun Street. Mr. Cecchini, L2245 - 175th Street West, stated that the azea south of the proposed Layeux development was very environmentally sensitive and important to the water quality of Orchard Lake. Mr. Layeux indicated that the existing Setter Avenue right-of--way is 3 to 4 feet underwater and access could not be gained to Mr. Villella's property via the Setter Avenue right-ofway. Mr. Layeux offered to accompany Mr. Villella to the site to observe first hand the location of the old road and the conditions of the Setter Avenue right-of--way and to determine the location of the Calhoun Street right-of--way. Mr. Layeux requested that the Chair table the hearing to allow Mr. Villella and himself time to travel to the site. • There was no further comment. from th li e pub c. Regular Planning Commission Meeting Minutes April 17, 1997 Page 7 • 97.45 MOTION by Amborn, Second by Whitehouse to continue this public hearing until later in the evening and table action on the Setter Avenue street vacation request to allow Mr. Layeux and Mr. Villella to make a site inspection of the subject property. Roll call vote was called on the motion. Ayes: Amborn, Wulff, Whitehouse, Rieb. Nays: 0. Abstain: Cecchini Mr. Cecchini returned to the dais. ITEM 8: PUBLIC HEARING: CITY OF T•AKF. . - Ki.AMATH T Aii. VAC.ATiAN RF.niTF.ST; Chair Rieb opened the public hearing to consider the application of the City of Lakeville for the vacation of all highway, street, road or right-of--way interests held by the City of Lakeville obtained through direct acquisition, condemnation, turnback from Dakota County, prescription or otherwise on property located near the northwest corner of County State Aid Highway (C.S.A.H.) 5 and Klamath Trail. Assistant City Attorney Jim Walston attested that the legal notice had been duly published as required by state statute. . City Planner Daryl Morey presented an overview of the City of Lakeville's request for the vacation of all City-owned road right-of--way generally located in the northwest corner of C.S.A.H. 5 and Klamath Trail. The proposed vacation is one of the conditions of a condemnation and assessment settlement agreement between Trinity Evangelical Free Church, Dakota County, and the City of Lakeville related to the Dakota County Highway Department's reconstruction of C.S.A.H. 5. The County Road 5 improvement project moved the Klamath Trail intersection south and therefore eliminated the need for the right-of--.way proposed to be vacated. The proposed vacation will eliminate the Trinity Evangelical Free Church building's existing non-conforming setback from Klamath Trail. Community and Economic Development Department and Engineering Department staff recommend approval of the vacation request as proposed subject to stipulations requiring the establishment of a 15 foot drainage and utility easement and 10 foot trail easement within the street right-of--way being vacated. There were no comments from the public. 97.46 MOTION by Amborn, Second by Whitehouse to close the public hearing. Roll call vote was called on the motion. Ayes: Amborn, Cecchini, Wulff, Whitehouse, Rieb. Nays: 0, Regular Planning Commission Meeting Minutes April 17, 1997 Page 8 • 97.47 MOTION by Whitehouse, Second by Amborn to recommend to the City Council approval of the application of the City of Lakeville for the vacation of all highway, street, road or right-of--way interests held by the City of Lakeville obtained through direct acquisition, condemnation, turnback from Dakota County, prescription or otherwise on property located neaz the northwest corner of C.S.A.H. 5 and Klamath Trail subject to Trinity Evangelical Free Church representatives dedicating to the City a I S foot permanent drainage and utility easement and a 10 foot permanent trailway easement within the azea being vacated. Roll call vote was called on the motion. Ayes: Cecchini, Wulff, Whitehouse, Rieb, Amborn. Nays: O. ITEM 9: P rR .I HF; CAMAS, I1vC. Chair Rieb opened the public heazing to consider the application of Camas, Incorporated for an amendment to the Nordic Squaze Planned Unit DevelopmentlConditional Use Permit and Excavation Permit to: 1) allow the construction of a fly-ash silo greater than 45 feet in height; and 2) allow a radio antenna height more than 20 feet above the roof line of the scale house%ffice building. Assistant City Attorney Jim Walston attested that the public notice had been published and mailed in accordance with state statutes. • Community and Economic Development Director Michael Sobota presented an overview of the proposal from Camas, Incorporated (AKA Shiely Company} for an amendment to the Nordic Squaze Planned Unit Development/Conditional Use Permit and Excavation Permit that was. approved by the City of Lakeville on May 5, 1994. Camas, Inc. has purchased the mining rights at the existing Model Stone gravel mining site located south of 160th Street and east of Pilot Knob Road (C.S.A.H. 31}. The original permit allowed for the construction of all the existing structures on the site. The site is zoned I-2, General Industrial District. Zoning requirements allow a maximum building height of 45 feet and an antenna height of 20' above the. roof line of the building unless approved by conditional use permit. The amendment to the Planned Unit Development/Conditional Use Permit and Excavation Permit. would allow afly-ash silo to be constructed to a height of 60 feet and an existing radio antenna to be raised to a height not more than 35 feet above the roof line of the scale house. Mr. Joe Carrano, Camas, Inc., was present and responded to questions from the Commission regazding details of the proposal including the use of fly-ash in the concrete manufacturing process and the radio communications use of the antenna for their truck dispatching. Mr. Carrano indicated that he was in agreement with the conditions for approval as recommended by staff. There were no comments om the ublic. .f' P 97.48 MOTION by Whitehouse, Second by Amborn to close the public heazing. Regular Planning Commission Meeting Minutes April 17, 1997 Page 9 • Roll call vote was called on the motion. Ayes: Amborn, Cecchini, Wulff, Whitehouse, Rieb. Nays: O. 97.49 MOTION by Amborn, Second by Wulffto recommend to City Council approval of the application of CAMAS, Incorporated for an amendment to the Nordic Square Planned .Unit DevelopmentlConditional Use Permit and excavation permit to allow: 1) the construction of a fly-ash silo greater than 45 feet in height, and 2) a radio antenna height more than 20 feet above the roof line of the scalehouse/office building, subject to the three stipulations listed in the Planner's Report dated April 10, 1997, Roll call vote was calledon the motion. Ayes: Amborn, Cecchini, Wulff, Whitehouse, Rieb. Nays: O. Chair Rieb declared a recess. The Apri117, 1997 Planning Commission meeting was reconvened at 8: SO p. m. Chair Rieb reconvened the public hearing to consider the application of Joseph Robert Layeux for the vacation of an existing portion of Setter Avenue as platted in Lyndale • Lakes'i Club No. 2. Community and Economic Development Director Michael Sobota indicated that the objection. by Mr. Villella to the Setter Avenue vacation request has been withdrawn. The old road was found to be on Calhoun Street right-of--way. Staff recommends approval of the street right-of--way vacation as requested by Mr. Joseph R. Layeux, provided Mr. Layeux provides a deed to the City for the east 20 feet of Lots 2, 3 and 4, Block 8, Lyndale Lakes Club No. 2. Mr. Sobota indicated the City would then refund Mr. Layeux's $800 vacation application fee. 97.50 MOTION by Whitehouse, Second by Wulff to close the public hearing. Roll call vote was called on the motion. Ayes: Wulff, Whitehouse, Rieb, Amborn. Nays: 0. Abstain: Cecchini. Motion passed. 97.51 MOTION by Wulff, Second by Amborn to recommend to City Council approval of the Setter Avenue street vacation as requested by Mr. Joseph R. Layeux, provided Mr. Layeux provides a deed to the City for the east 20 feet of Lots 2, 3, and 4, Block 8, i Lyndale Lakes Club No. 2. Roll call vote was called on the motion. Ayes: Whitehouse, Rieb, Amborn, Wulff. Regular Planning Commission Meeting Minutes April 17, 1997 Page 10 • Nays: 0. Abstain: Cecchini. Motion passed. Commissioner Wu~excused herself, from the meeting at 8: SS p.m. ITEM 10: P iB .I HF.ARiN[~; LAKE VILLA GOLF ESTATES 9TH ADDITION Chair Rieb opened the public hearing to consider the applications of Fortune Realty, Inc. for: 1) a rezoning from R-5, Single and Two Family, Medium Density Residential District to PUD, Planned Unit Development District; and 2) the preliminary plat for Lake Vi11a Golf Estates 9th Addition. Assistant City Attorney Jim Walston attested that the public hearing notice had been mailed and published as required by state statute. City Planner Daryl Morey presented an overview of the request from Mr. Byron Watschke, Fortune Realty, Inc., for approval of his application for the preliminary plat of 22 residential lots on land located in the southwest corner of Kenyon Avenue and 179th Street West to be known as Lake Villa Golf Estates 9th Addition.. In addition, Mr. Watschke has applied for a rezoning of the subject property from R-5, Single and Two Family, Medium Density Residential District to PUD, Planned Unit Development. • Mr. Morey stated that the proposed Lake Villa Golf Estates 9th Addition preliminary plat encompasses 11.22 acres, including outlots, and consists of 22 residential lots and five (5) common area open space lots that will be owned and maintained by a homeowners association. Public access to the proposed development will be gained from 179th Street with private streets and cul-de-sacs constructed within the development to provide interior vehicular circulation. The purpose of the PUD rezoning. is to allow clustering of 16 single family detached and six (6} single family attached residential units in an effort to preserve significant trees and wetland areas to the greatest extent possible. The subject property consists of moderate to steep slopes, is heavily wooded, and contains nine (9} wetland basins. The. current R-S, Single and Two. Family Residential District zoning allows 8.7 units per acre. This proposal represents a density of 1.96 lots per acre which is considerably less than would be permitted by ordinance in the R-5 District. The Lake Villa Golf Estates 9th Addition grading, drainage, erosion control, utilities,. tree preservation, and site design plans have been reviewed by Engineering Department staff and they have recommended approval subject to the stipulations as listed in the Assistant City Engineer's Report dated April 1 1, 1997. In addition, the Dakota County Soil and Water Conservation District and the Environmental Affairs Committee have • reviewed the plans and have. recommended approval. The Parks and Recreation Committee is recommending a cash contribution for the park and trail dedication Regular Planning Commission Meeting Minutes April 17, 1997 Page 11 . requirements. Mr. Morey stated a neighborhood meeting was hosted by the developer this evening just prior to the Planning Commission public hearing. Community and Economic Development staff recommend approval of the Lake Villa Golf Estates 9th Addition preliminary plat and the rezoning of the subject property from R-5, Single and Two Family, Medium Density Residential District to PUD, Planned Unit Development District as requested by Fortune Realty, Inc. Mr. Byron Watschke was present and indicated his agreement to the conditions for approval. of the Lake Villa Golf Estates 9th Addition as recommended by staff. Chair Rieb opened the public hearing to receive public input at this time. Mr. Scott Davies, 17819 Lake Cove Circle, indicated that. he was expressing not only his personal concerns regarding the proposed development, but that he was also speaking as a representative for the Lake Villa Golf Estates Homeowners Association. Mr. Davies indicated that his concerns were for the public health, safety, and welfare of his neighborhood should this. development be approved. He asked the City and the Planning Commission to delay action on this development request based on the following concerns: • 1) traffic, noise, environmental issues; 2) lack of a traffic study for this neighborhood; 3) poor condition of frontage road; 4) lack of a sufficient study for proposed noise buffering of this neighborhood from I- 35; 5) consideration should be given to what is happening as a whole in this community which has been promised more open-space for its residents; 6) lack. of parks and open space in this area; 7) resident uncertainty as to the rationale for the rezoning request. Mr. Michael Schilz, 17752 Kingsway Path, stated that he had been aware that the subject property has been previously zoned B-4, General Business District and that it had been rezoned to R-5 in 1992. He expressed concern that the property to the north of this parcel (north of 179th Street) is still zoned B-4 and he asked that. the City consider a rezoning of this property to residential as well. Mr. Schilz also indicated that Mr. Byron Watschke, developer, had at one time designed a concept plan for the subject parcel that. included only 12 single family residential lots. Mr. Schilz indicated that he would prefer this concept over the one proposed this evening. Mr. Steven Koestner, 17757 Kingsway Path, and Mr. Robert Reinitz, 17641 Kettering • Trail, .indicated their agreement with Mr. Davies' comments and concerns. Mr. Reinitz requested assurance from the developer that the B-4 property to the north of 179th Street would not be developed commercially. Regular Planning Commission Meeting Minutes April 17, 1997 Page 12 • Staff indicated that the z nin f h r o he north f r o g and use o t e p operty t t o the p oposed Lake Villa Golf Estates 9th Addition development can not be considered with respect to the action regarding this proposal. Mr. John Klesch, 17899 179th Trail, indicated the following concerns: 1) that this subdivision could potentially have a negative impact on the Lakeville schools due to its being marketed to empty-nesters who may not vote favorably for local school bond issues; and 2) incompatibility with the existing. residential uses in the neighborhood because it was his impression that this proposal represented greater density than surrounding residential uses. The one proposed "traditional lot" should be proposed throughout the entire parcel for compatibility with the existing uses. Mr. Vincent Giorgi, 1773.3 Kingsway Path, indicated that it was his opinion that the proposed PUD rezoning and the proposed development represented the best balance for the subject property. He expressed his hope that the City would attempt to expand its efforts to improve communication between the school district and the residents of Lakeville. He indicated that the City could promote a higher level of trust with the people in this neighborhood if efforts were made now to rezone the B-4 zoned property • to the north of 179th Street. City Administrator Robert Erickson advised that it would be a good idea for a small group representing all of the residents in this area to meet with the developer to discuss issues related to the proposal that the residents had voiced in a neighborhood meeting held earlier this evening. This would provide an opportunity for the developer to respond to each of the concerns expressed in a more favorable setting and would facilitate a greater understanding of the .proposal by the residents. Mr. Walston stated that the issue before the Planning Commission is strictly related to the preliminary plat proposal of Mr. Watschke. Chair Rieb asked Mr. Watschke if he would agree to tabling action to allow the neighborhood meeting to take place. Mr. Watschke indicated agreement with this suggestion with the understanding that his development and rezoning applications be considered for formal recommendation to City Council at the May 8, 1997 Planning Commission meeting. 97.52 MOTION by Amborn, Second by Cecchini to table action on the applications for the preliminary plat of Lake Villa Golf Estates 9th Addition and the PUD rezoning request and continue thepublic hearing to the May 8, 1997 Planning Commission meeting. Roll call vote was called on the motion. • Ayes: Rieb, Amborn, Cecchini, Whitehouse. Nays: O. Regular Planning Commission Meeting Minutes April 17, 1997. Page 13 Community and Economic Development Director Sobota indicated that the City has been working with the .property owners in the Kingswood Estates subdivision on Klamath Trail and Kingswood Drive to provide city sanitary sewer to that subdivision. The southern portion of Kingswood Estates is zoned R-l, Single Family Residential District. The northern portion is zoned R-A, Single Family -Agricultural Residential District and is within the MUSA boundary. A rezoning of the R-A portion of the subdivision would bring the entire Kingswood Estates subdivision into conformance with the single family zoning supported by the Comprehensive Land Use Plan. 97.53 MOTION. by Rieb, Second by Cecchini to call fora public hearing for Thursday, May 8, 1997 to consider the rezoning of the northern portion of Kingswood Estates from R-A, Single Family-Agricultural Residential District to R-1, Low Density Single Family Residential District. Roll call vote was called on the motion. Ayes: Amborn, Cecchini, Whitehouse; Rieb. Nays: 0, Lt. Dave Bellows, Planning Commission Ex-Officio, presented a brief report on the results of recent speed surveys in the Orchard Lake area in response to concerns expressed by the residents at the last Planning Commission Meeting regarding their • input on the proposed Orchard Lake Hills 1st and 2nd Additions. Very few violations were recorded over the course of the past two weeks and a majority of the traffic was generated by residents of the neighborhood. However, the Police Department will continue monitoring speeds and vehicular volumes as the weather improves to determine if safety issues become more prevalent. City Planner Daryl Morey provided a brief overview of possible future planning. actions to be considered at upcoming Planning Commission meetings. There being no further business, the meeting was adjourned at 10:35 p.m. Respectfully submitted: Donna Quintus, Rec ding Secretary ATTEST: i Lau ie Rieb, .Chair Planning Commission Meeting April 17, 1997 Agenda Item No. 7 Public Hearing Layeux Request Setter Avenue Street Vacation Public Comment Names & Addresses for Official Record Name: (Please Print Clearly) AddreSS: ~