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HomeMy WebLinkAbout04-03-97 City Of Lakeville PLANNING COMMISSION MEETING MINUTES Apri13, 1997 The meeting was called to order by Vice-Chair Amborn at 6:00 p.m. in the City Hall Council Chambers. .Roll call of members was taken. Present: Miller, Whitehouse, Amborn, and Cecchini and ex-officio member Bellows. Absent: Rieb, Wulff. 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; Donna Quintus, Recording Secretary. The minutes of the March 20, 1997 Planning Commission meeting were approved as printed. ITEM 5• PUBLIC HEAItING• n7T~ nT e_ nsx~m . H .I ~HT~ • Vice-Chair Amborn opened the public hearing to consider the application submitted by T.N.C., Inc. requesting the vacation of existing boundary drainage and utility easements located within Outlot A, Oakridge Heights. 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 requested easement vacation which is associated with the recently approved Raven Lake Second Addition plat. Outlot A, Oakridge Heights was incorporated into the Raven Lake Second Addition plat. as part of Lot 1, Block 8. As a part of the final platting process; new boundary drainage and utility easements were established for this lot. However, in their plat check review process, Dakota County informed the developer of the need for the vacation of the drainage and utility easements that existed on Outlot A prior to the platting of Raven Lake Second Addition. Morey indicated that this vacation request has been reviewed by all utility companies with possible interest in the easement and they have indicated no conflict with the proposed easement vacation. Planning staff recommends approval of the easement. vacation as proposed by T.N.C., Ina There were no comments, from the public. 97.33: MOTION by Whitehouse, Seconded by Miller to close the public hearing. Roll. call. vote was called on the motion. Ayes;. Unanimous. 97.34 MOTION by Cecchini, Seconded by Whitehouse to recommend to City Council approval of the T.N.C., Ina request for the vacation of existing drainage and utility easements located on Outlot A, Oakridge Heights. Roll call vote was called on the motion. Ayes: Unanimous. Regular Planning Commission Meeting Minutes April 3, 1997 .Page 2 • I HEARING: ITEM is riT=L C Vice-Chair Amborn opened the public heazing to consider the applications submitted by Tollefson Development for: 1) the Cherryfields preliminary plat and 2} a vaziance to allow a cul-de-sac street length greater than S00 feet. Assistant City Attorney Jim Walston attested that the legal notice had been duly mailed and published as required by state statute. FRELIMINARY PLAT City Planner Daryl Morey presented an overview of the proposed Cherryfields plat.. The proposed subdivision consists of 22 single family residential lots and one outlot on three blocks on land located on the east side of Highview Avenue at 17Sth Street. The majority of the subject property is currently zoned R-2, Single Family Residential with the exception of a small triangular portion of the site located on the south side of the Section 9 half section line which is currently zoned R-A, Single Family - Agricultural. The City is constructing 17Sth Street as a Public Project in the Capital Improvements Plan. Tollefson Development and the City of Lakeville have reached an agreement for combining the extension of 17Sth Street with the development of the Cherryfields plat. The City recently purchased a portion of the property located south • of the section 9 half section line to accommodate the extension of 17Sth Street. The purchase includes a small piece of land located north of the 17Sth Street right-of--way that will be included in the proposed Cherryfields development.. A rezoning from R-A to R-2 for this piece of land is required prior to final plat approval. The agreement between the City and Tollefson Development involves a land trade that will allow the City to complete the extension of 17Sth Street east from Highview Avenue to Hayes Avenue which has been approved as a City Improvement Project and. scheduled for construction in 1997. Construction of the 17Sth Street extension will occur simultaneously with the proposed Cherryfields plat construction. The Cherryfields preliminary plat has been reviewed by Engineering Department staff with regard to site conditions, subdivision layout, utilities, drainage and grading, wetlands, erosion control, and tree preservation. The Engineering Department has recommended approval subject to comments detailed in the Assistant City Engineer's Report dated March 28, 1997. The Pazk and Recreation Committee has recommended a cash contribution to satisfy the required park and trail dedication. The plat has also been reviewed by the Dakota County Soil and Water Conseuvtion District and Independent School District 194 Staff. The proposed plat is consistent with the. meets minimum subdivision and zoning ordinance requirements and staff recommends approval of the Cherryfields preliminary plat subject to the stipulations listed in the March 28, 1997 Planner's Report. • Regular Planning Commission Meeting Minutes Apri13, 1997 Page 3 • E TO CUL-DE-SAC LENGTH: VARIANC Tollefson Development has also submitted an application for a variance to allow a 660-foot long cul-de-sac street (Hibiscus Court) located on theeast side ofproposed Hibiscus Avenue. Staff supports the variance request because existing adjacent single family homes prohibit extending Hibiscus Court to the north and east. Access spacing guidelines prohibit connecting Hibiscus Court to major collector 175th Street to the south. Planning Commission discussion continued regazding details of the plat. Gary Wollschlager, Tollefson Development, Inc., and Chris Ockwig, Probe Engineering Co., Inc., were present and provided clarification and answered questions from the Commission regarding the proposed Cherryfields preliminary plat. Mr. Wollschlager indicated that the developer is in agreement with the stipulations recommended by staff. PUBLIC COMMENT Vice-Chair Amborn opened the hearing to public comment. • Scott Klancke, .8302 174th Street West, indicated his concern regarding staff's determination that the wetland azea along the north central portion of the proposed plat has little. function or value. Mr. Klancke indicated that he has observed nesting ducks in the wetland azea and that it was his opinion that the wetland also supports a large pheasant population. He further questioned the alignment of the proposed extension of 175th Street and whether there was a more appropriate alignment that would have less impact on an existing stand of trees. Staff responded that 175th Street is a State Aid Road and design standards for safety purposes dictated the alignment. Nick Ziniel, 17453 Hayes Avenue, indicated his support of Mr. Klancke's position that. the existing wetland azea serves a variety of wildlife. Mr. Ziniel questioned what the City does to ensure preservation of existing wetlands and trees. Staff responded that the developer must comply with the Wetland Conservation Act and the City's Tree Preservation Ordinance. Debbie Comerford, 8354 174th Street West, expressed concern for existing drainage problems in her back yard which abuts the proposed Cherryfield development. She asked how the grading for the new development would impact the already existing drainage problems on her property. Currently a large culvert is located'in the reaz of her lot to alleviate drainage problems, however, in many instances the culvert'has been ineffective. In addition, Ms. Comerford requested further clazification of the criteria • for determining what trees are considered significant. Regular Planning Commission Meeting Minutes Apri13, 1997 Page 4 Chris Ockwig, Probe Engineering Co., Inc., responded with details of the Grading/Drainage Plan for the Cherryfields plat that should improve drainage. in the Comerford's back yard. Mr. Ockwig indicated his willingness to review the detailed drainage needs with the Comerfords prior to grading for the Cherryfields addition. Dave Hudalgo, 17493 Hayes Avenue, indicated his concern for the large number of trees in his back yard noting that the proposed berm abuts his rear property line. He expressed concern that the grading for 175th Street will cause the removal of these trees and possibly have an impact on the trees located on his property. Angela Klancke, 8302174th Street West, asked for clarification on the City's ordinances regarding tree and wetland replacement. Also, she asked if the City has any kind of relocation programfor wildlife whose habitat has been disturbed by urban development. Assistant City Engineer Tim Hanson responded that the existing small wetland is type 1/2 and is approximately 15,000 square feet in size. The construction of Hibiscus Avenue which is stubbed from the north requires that the road and public utilities be extended south through and bisecting the wetland, resulting in two small isolated pieces. Because the resulting wetland segments will have minimum function or value after the street is constructed, the developer will provide wetland mitigation off site in a location which will provide a morevaluable type 2 wetland approximately 30,138 square feet in size. This wetland mitigation plan is funded entirely by the developer. Community and Economic Development Director Sobota indicated that the City of Lakeville's Subdivision Ordinance, Section 10-4-11, sets up the criteria and process for preserving healthy trees of significant value within all new subdivisions. The process provides for an inventory and identification of all significant trees (6 inch or larger) on the subject property by a forester or landscape architect and a financial guarantee as part of the development contract to ensure protection of all significant trees identified as being saved. There were no further comments, from the public. 97.33 MOTION by Cecchini Second by Whitehouse to close the public hearing. Roll call vote was called on the motion. Ayes: Unanimous. Commissioner Miller requested additional details and clarification on the proposed grading, drainage, and wetland delineation. Staff responded. The Commissioners concurred that an additional stipulation be added that would address drainage in Block . 2 for review and approval by the City Engineer. Regular Planning Commission Meeting Minutes April 3, 1997 Page 5 • Assistant Ci Attorne Jim Walston indicated that the hearing for the rezoning of the tY y small part of property (Larson parcel) described earlier can be held at the time of final plat approval. 97.34 MOTION by Cecchini Second by Miller to recommend to City Council approval of the Cherryfields preliminary plat and cul-de-sac street length variance subject to the 12 stipulations listed in the March 28, 1997 Planner's Report with the addition of Stipulation No. 13 to read as follows: "Prior to final plat approval the grading and drainage for proposed Block 2 pf Cherry, fields shall be reviewed and approved by the City Engineer, "and the Findings of Fact. Roll call vote was called on the motion. Ayes: Unanimous. Notification of the neighbors will take place for the Rezoning Public Hearing when the Final Plat is being considered by the Planning Commission. Chair Amborn called for a five minute recess and then reconvened. ITEM 7: PUBLIC HEARING: OR ARn Hir.. 1 CT ADDITION Vice-Chair Amborn opened the public hearing to consider the applications from • Landstar Group, Inc. for: 1) the Orchard Hills 1st Addition preliminary plat; and 2) a variance to allow a cul-de-sac street length greater than 500 feet. Assistant City Attorney Jim Walston attested that the legal notice had been duly mailed and published as required by state statute. PRELIMINARY PLAT City Planner Daryl Morey presented background information regarding the proposed subdivision. In June, 1995 the City Council approved the preliminary and final plat for Orchard Hills 1st Addition and cul-de-sac street length variance. The developer failed to record the final plat within 100 days of City Council approval as required by the Subdivision Ordinance. The property has since been sold to Mr. Michael Olson, Landstar Group, Inc., and he has submitted the Orchard Hills 1st Addition preliminary plat with the same design as previously approved. The preliminary plat of Orchard Hills 1st Addition consists of eight single family residential lots within an .area of approximately 6.65 acres on property located northwest of Orchard Lake on the northwest side of Judicial Road. The Orchard Hills 1st Addition property is zoned R-1, Low Density Single Family Residential District and lies within the Shoreland Overlay District of Orchard Lake. Orchard Lake 1st Addition .proposes a density of 1.21ots per acre which is consistent with-the current zoning classification, as well as the land use designation established in the Comprehensive Plan. Regular Planning Commission Meeting Minutes April 3, 1997 Page 6 • VARIANCE TO CUL-DE-SAC LENGTH: Orchard Hills 1st Addition includes the construction of one cul-de-sac street, Lions Court, with access to existing Judicial Road. Landstar Group, Inc. is requesting. a variance to allow Lions Court to exceed 500 feet in length. Preliminary designs provided for a street to extend through this subdivision to its northerly boundary. These designs were evaluated and it was determined that construction of a through street would result in significant grading and tree impacts on the parcel north of the proposed Orchard Hills 1st Addition. Therefore, staff feels that the proposed cul-de- sac length is appropriate and recommends approval in consideration of environmental sensitivity of the area. The preliminary plat plans for grading, drainage, erosion control, wetlands, tree preservation, utilities, and site design for Orchard Hills 1st Addition have been reviewed by the City Engineer, the Dakota County Soil and Water Conservation District, the DNR, and the Environmental Affairs Committee. All have recommended approval. At their Apri12, 1997 meeting, the Parks and Recreation Committee recommended a cash contribution to satisfy the park and trail dedication requirements. • Nick Polta, Pioneer Engineering and representative of the developer, was in attendance to answer questions and provide additional details and clarification to the Commission and public. Mr. Polta acknowledged that the developer is aware and. is in agreement with the conditions for approval as recommended by staff. Planning. Commission discussion included the following: ? Traffic volumes and safety issues on Judicial Road/168tk Street: Staff responded that both the Orchard Hills 1 st and 2nd Additions will total I S single family homes and it is not anticipated that the traffic generated by these subdivisions will have a significant impact on the roads in this area. Sta, fJ'indicated that the road system in this area is adequate for the additional traf, fic; however, .neighborhood residents have indicated that speed of traffic has posed a safety hazard in the past due to existing slopes, steep grades, and curves in Judicial Road. Police Lieutenant Bellows indicated that the Police Department has stepped up tra, f,J~c enforcement on Judicial Road/168th Street. ? Drainage and Runoff Issues: The Environmental A, fJ`airs Committee reviewed both the Orchard Hills 1st and 2nd • Additions at their meeting on April 1, 1997 and found that the grading, drainage, and erosion control plan are consistent with the City's Comprehensive Storm Water Regular Planning Commission Meeting Minutes Apri13, 1997 Page 7 Mana ement Plan and recommended a roval. Drama a om the site does not g Pp g drain to Orchard Lake, rather it drains to a wetland area west of these developments in Scott County. ? Cul-de-sac Length: Sta,~ feels that there is just cation for the variance to cul-de-sac length based on the fact that a through street would require extensive grading that would result in the loss of a sign cant number of existing trees. PUBLIC COMMENT Vice-Chair Amborn opened the hearing for public comment. Dennis Liesten, 12300 168th Street West, indicated he lived east of the intersection of Judicial Road and 168th Street and was concerned with the existing narrow width of 168th Street. He stated his belief that 168th Street is substandard. and whether the City. had a specific plan for bringing this road up to City standards. He also stated that the intersection/design of Judicial Road and 168th Street represents a safety hazard for vehicles, bicycles, and pedestrians. • Staff responded that when Judicial Road west of 168th.. Street was constructed the City met with the residents and tried. to accommodate the wishes of the neighborhood at that time. The resulting current design of Judicial Road is based on those desires. David Cecchini, 17140 Judicial. Road, reiterated Mr. Liesten's concern regarding traffic issues. He expressed his belief that on-street parking along Judicial Road is a major contributor to safety issues and suggested placement of no parking signs on Judicial Road north and east of 16860 Judicial Road. Staff indicated that this could be reviewed by the Police Chief as a possible mechanism to promote safer conditions on this roadway. Mr. David Cecchini further questioned what procedures are used by the City to ensure erosion control and tree preservation on development sites.. Staff responded with details of the City's ordinance that requires securities from the developer to guarantee tree preservation/replacement and erosion control. Ms. Shelly Irving indicated that she is the owner of property in Scott County that abuts the subject property to the east. She noted that in 1991. an road right of way through the proposed plat for Orchard Hills 1st Addition existed that provided access to her property in Scott County. She questioned why she had not been notified. of the • easement vacation at that time. Regular Planning Commission Meeting Minutes Apri13, 1997 Page 8 • Communi and Economic Develo merit Director Sobota indicated that onl tY P Y properties affected by the easement vacation were. notified. Ms. Irving's property has access via road right of way within Scott County. The action to vacate the right of way on the subject property in Lakeville did not render her property landlocked because access was still available to her parcel Mr. Doug Cruz stated he lives on Outlot 9 in Scott County which abuts this plat. The wetland that the stormwater from the proposed Orchazd Hills plats drains into is located on his property. He indicated that at peak times the current water level in the wetland neazly reaches his driveway. He expressed concern that additional drainage would have significant impact on his property. In addition, Mr. Cruz requested that a restriction be imposed on these developments regazding the use of herbicides and pesticides to deter groundwater pollution. Mr. Nick Polta, Pioneer Engineering, responded that a detailed drainage study was completed by Pioneer Engineering of the Orchard Hills plats concerning the impact of drainage on the wetland west of the development. Mr. Polta stated that at full development the wetland bounced 0.2 feet with a 100 year rainfall event which is of minimal impact.: Assistant City. Engineer Tim Hanson. responded that direct drainage to Mr. Cruz' property only occurs from the Orchard Hills 1st Addition. Orchard Hills 2nd Addition drainage is directed to a low area within the Orchard Hills 2nd Addition plat prior to eventual discharge to the wetland to the west. Mark Bailey, 16755 Kingswood Court, expressed concern that the additional homes would impact the enrollment of the elementary school in the azea and questioned whether the school could manage additional students. City Planner Daryl Morey indicated that Independent School District 194 officials were provided a copy of the preliminazy plat for comment. Laurie Quinlan of ISD 194 informed planning staff that they do not have any concerns with the Orchard Hills 1st or 2nd Additions. Eric Lund, 16563 Judicial Road, indicated his support of the views and concerns of the other residents. He stated that the City's standazd projection of 3.0 persons per household was too low and that significant impacts will be realized by all residents in this .neighborhood. Brian Seeman, 16870 Judicial Road, stated he lived on Judicial Road at the end of the .proposed cul-de-sac, Lions Court, and questioned whether other alternatives had been explored for placement of access to this plat that might improve visibility and traffic safety. Assistant City Engineer Hanson responded that the proposed location provides excellent sight lines to the south. While site line distance to the northeast is restrictive • the proposed access location represents the best location. Staff is recommending a warning sign be placed on Judicial Road to provide additional awareness of the cul- de-sac intersection for southbound traffic. Regular Planning Commission Meeting Minutes Apri13, 1997 Page 9 Robert Laden, 16915 Judicial Road, expressed concern for the buildability of Lot 1 of the Orchard Hills 1st Addition stating the slope appeared too steep for construction of a home. He also stated that the level of Sunset Lake in Scott County has risen significantly in the past two to three years and that this development would increase that level. Engineer Nick Polta responded that drainage for this development drains into the wetland and not Sunset Lake. There was no further comment from the public. Planning Commission discussion continued with the Orchard Hills development engineer and City staff providing clazification and responding to additional questions. Commissioner Miller indicated that he had reviewed the site design and did not believe that access should be permitted onto Judicial Road. He recommended that other alternatives be proposed for a loop street to connect between the two proposed subdivisions that would access onto 167th Street to the north. He stated further that he was concerned about additional stormwater drainage to the wetland located in Scott County. Staff stated that the utilities were required from Judicial Road and therefore Lions Court • construction would minimize environmental- impacts on the north end of the First Addition. Commissioner Whitehouse stated that his concern lies with the issues of the substandard road (167th Street). He stated he would like to see this property developed with lazger lots than the minimum ordinance requirements because it was his opinion that the density proposed is too high. Commissioner Whitehouse agreed with Commissioner Miller that the cul-de-sac should not access onto Judicial Road and that possibly Lions Court could become cone-way through street traversing both proposed Orchazd Hills. developments. Staff stated that 167th Street would be constructed to City standards and that the density was significantly below the subdivision and zoning ordinance requirements. Staff further responded that after analyzing several alternative street design scenarios staff determined that the cul-de-sac street in the First addition was preferred because it was the most environmentally sensitive design. Other designs would necessitate a critical. loss of trees and require extensive. grading. Staff also indicated that the density of the proposed plats greatly exceeds all minimum ordinance standazds. 97.35 MOTION by Cecchini Second by Miller to close the public heazing. • Roll call vote was called on the motion. Ayes: Unanimous. Regular Planning Commission Meeting Minutes Apri13, 1997 Page 10 97.36 MOTION b Miller Second b Cecchini to recommend to Ci Council a royal of the Y Y tY pp Orchard Hills 1st Addition final plat and cul-de-sac street length variance subject to the nine stipulations listed in the Planner's Report dated March 28, 1997, with the addition of Stipulation 10 to read as follows: "No parking signs be considered on Judicial Road north and east of 16860 Judicial Road and the findings of fact. Roll call vote was called on the motion. Ayes: Amborn, Cecchini. Nays: Whitehouse, Miller. Recommendation to City Council: Forwarded to City Council with no recommendation. Commissioner.Whitehouse stated that his negative vote was due to his belief that: 1) the number of lots should be reduced resulting in lower density; 2) the developer should design a new utility plan; 3) the developer should redesign the cul-de-sac street to serve boththe Orchard Hills 1st and Orchard Hills 2nd Additions; and 3) 167th Street should be constructed to full urban size. Commissioner Miller stated that his negativevote was due to his belief that: 1) Access should not be permitted from the proposed cul-de-sac directly onto Judicial Road; and 2) the stormwater drainage plan should be redesigned so that drainage does not impact. adjacent property to the west of the proposed plats. ITEM 8: PUBLIC HEARING: OR AARD H 2ND ADDITION Vice-Chair Amborn opened the public hearing to consider the applications from Landstar Group, Inc. for: 1) the Orchard Hills 2nd Addition preliminary plat; 2) a rezoning from R-A, Single Family - AgriculturelResidential District to R-1 Low Density Single Family Residential District; and 3) a variance to allow a lot width less than 120 feet for a corner lot. Assistant City Attorney Jim Walston attested that the legal notice had been duly mailed and published as required by state statute. PRELIMINARY PLAT Mr. Michael Olson, Landstar Group, Inc., has submitted an application for the preliminary plat of Orchard Hills 2nd Addition. This plat consists of seven single family residential lots on approximately eight (8) acres of land located in the southwest corner of Judicial Road and 167th Street and is northerly of and contiguous to the proposed Orchard Hills 1st Addition discussed earlier this evening. The preliminary plat for Orchard Hills 2nd Addition is being processed simultaneously with the . preliminary plat of Orchard Hills 1st Addition. The preliminary plat plans for Orchard Hills 2nd.Addition have been reviewed by the City Engineer, the Dakota County Soil and Water Conservation District, and the Regular Planning Commission Meeting Minutes Apri13, 1997 Page 11 • De artment of Natural Resources. The Environmental Affairs Committee reviewed p the site conditions, subdivision layout, drainage and grading, wetlands, erosion control, and tree preservation at their meeting on April 1, 1997 and have recommended approval. The Parks and Recreation Committee has recommended a cash contribution to satisfy the park and trail dedication requirements for this plat. Orchard Hills 2nd Addition abuts Judicial Road and 167th Street which is a gravel rural street section. The developer will be required to upgrade 167th Street to a paved urban section. In a small area the north side right-of--way is unavailable and the curb placement will occur when the property to .the north develops. In addition, the developer will provide a cash escrow for the portion of the development that abuts Judicial Road to be used for the future upgrade of this portion of Judicial Road to an urban street section. The developer will be responsible for the full costs for street and utility improvements for this development. Staff recommends approval of the preliminary plat for Orchard Hills 2nd Addition subject to the ten stipulations as listed in the March 28, 1997 Planner's and Engineering Report. REZONING Orchard Hills 2nd Addition is currently. zoned R-A, Single Family Agricultural Residential District with the southeast portion of the plat lying within the Shoreland Overlay District for Orchard Lake. The developer is requesting a rezoning to R-1, Low Density Single Family Residential District to allow the development at the proposed density of .87 single. family lots per acre which is consistent with the land use designation established in the Comprehensive Plan. Staff recommends approval of the rezoning as requested for the reasons listed in the findings of fact dated Apri13, 1997. VARIANCE The developer of Orchard Hills 2nd Addition is requesting a lot width variance for Lot 1, Block 1 to allow a lot width less than the required 120 feet for a corner lot. However, this lot has a net area, excluding slopes steeper than 3:1, of 52,953 square feet, which greatly exceeds the 24,000 square feet required for a corner lot in the R-1 District. The average lot size for the Orchard Hills 2nd Addition greatly exceeds minimum ordinance standards with an average lot area for all seven lots greater than one acre or 45,473 square feet. Draft findings of fact supports staff's recommendation for approval of the lot width variance request given the environmental sensitivity of the subject property. Regular Planning Commission Meeting Minutes Apri13, 1997 Page 12 • n iv f the develo er was in Nick Polta, .Pioneer Engmeermg and represe tat e o p , attendance to answer questions and provide additional details and clarification to the Commission .and public. Mr. Polta acknowledged that the developer is aware and is in agreement with the conditions for approval of the preliminary plat for Orchard Hills 2nd Addition as recommended by staff. Planning Commission members indicated their concerns for the Orchard Hills 2nd Addition were consistent with issues discussed in their review of Orchard Hills 1st Addition. PUBLIC COMMENT Vice-Chair Amborn opened the hearing for public comment. The Planning Commission formally accepted a petition. signed by 34 neighborhood residents stating their objections to the proposed development of Orchard Hills 1st and 2nd Additions.. The chair directed the petition become a part of the official record for the Apri13, 1997 meeting minutes. Eric Lund, 16563 Judicial Road, identified himself as the representative for the • residents named in the petition. Mr. Lund reiterated the reasons for the residents' objections and opposition to the development of both Orchard Hills 1st and 2nd Additions. He cited additional objections witk regard to the following: ? Proposed rezoning of Orchard Hills 2nd Addition. appears to be inconsistent with the Comprehensive Plan's definition of "estate" or "hobby farm" residential type development; ? Orchard Lake Elementary School capacity issues; ? Preservation of environment (loss of existing trees); ? Grading/Erosion/Wetland issues; TrafficlSafety Concerns; ? Street assessment concerns; and ? Process for resident input into the Comprehensive Plan Update process. Brian Knoch, 16499 Judicial Road, Mike Gillen, 16600 Judicial Road, and Sue Lund, 1b563 Judicial Road, restated concerns noted by Mr. Lund. The residents stated concerns for the upgrade of 168th Street which should be constructed to full urban width at this time and asked whether this development will require future upgrade of Judicial Road. Staff stated that the traffic from. the fifteen lots would be adequately • handled on existing Judicial Road and 168th Street and that the property in the 2nd Addition had been assessed previously for Judicial Road improvements. Ms. Lund requested information regarding the process for resident involvement in the Comprehensive Comp Plan Update. Regular Planning Commission Meeting Minutes April 3, 1997 Page 13 There were no rther comments om the blic. Pu 97.37. MOTION by Cecchini Second by Whitehouse to close the public hearing. Roll call vote was called on the motion. Ayes: Unanimous. 97.38 MOTION by Miller Second by Cecchini to recommend to City Council approval of the Orchard Hills 2nd Addition rezoning from R-A, Single Family - Agricultural/Residential District to R-l, Low Density Single Family Residential District for the proposed Orchard Hills 2nd Addition and the findings of fact as recommended by staff for the rezoning. Roll call vote was called on the motion. Ayes: Unanimous. 97.39 MOTION by Miller Second by Cecchini to recommend to City Council approval of the Orchard .Hills 2nd Addition preliminary plat subject to the ten. stipulations listed in the Planner's Report dated March 28, 1997.. Roll call vote was called on the motion. Ayes:. Amborn, Cecchini. Nays: Whitehouse, Miller. Recommendation to City Council: Forwarded to City Council with no recommenda&on. Commissioner Whitehouse stated that his negative vote for approval of the preliminary. plat for the Orchard Hills 2nd Addition was for the same reasons stated in his vote on the Orchard Hills 1st Addition preliminary plat. Commissioner Miller stated that his negative vote for approval of the preliminary plat for the Orchard Hills 2nd Addition was for the same reasons stated in his vote on the Orchard Hills 1st Addition preliminary plat. 97.40 .MOTION by Whitehouse Second by Cecchini to recommend to City Council approval of the variance to allow a lot width less than 120 feet for a corner lot in the R-l, Low Density Single Family Residential District for Lot 1, Block 1 of the proposed Orchard Hills 2nd Addition and the findings of fact as recommended by staff for the variance. Roll call vote was called on the motion. Ayes: Amborn, Cecchini; Miller. • Nays: Whitehouse. Regular Planning Commission Meeting Minutes Apri13, 1997 Page 14 Recommendation to City Council: Approval of Variance Request Commissioner Whitehouse stated that his negative vote was due to his opinion that with the large amount of land in the proposed Orchard Hills 2nd Addition plat a variance should not be necessary. 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 11:00 p.m. Respectfully submitted:. onna Quintus, Re rding Secretary ATTEST: Howard. Amborn, Vice-Chair . / F ~ ` ~ a Ne ugh l~r-~~1 ~4~5 t~~s • THIS PETITION VOICES OUR STRONG OBJECTION TO THE PROPOSED DEVELOPMENT OF ORCHARD HILLS 1ST AND 2ND ADDITION. We recognize that property owners may develop their land but they are obliged to do so within the existing law. 1. We strongly object and are opposed to Rezoning RA to Ri in Orchard Hills 2nd Addition A. Rezoning is not consistent with the Comprehensive Plan which specifically states: 1. "Encourage the estate or hobby farm type residential development." 2. "Impose environmental restrictions and exercise caution in development in areas containing rugged topography wetlands and woodlands." 3. "Provide maximum growth in sewered areas." Note: Additions 1 and 2 are not sewered. • B. Rezoning from RA to R1 will double the Density which currently exists in the Judicial Road area. This is in direct contrast with the City's recommendation of keeping the area as a rural environment. C. This is a unique and sought after area specifically because of the rural environment, with sizable acreage for homeowners. An R1 residential area will significantly detract from the estate and hobby farm atmosphere which currently exists. Non-consistent development on Judicial road and 167th Street will devalue our land. 2. We strongly object to the development being finalized at this time ,:an?hich completely circumvents the public process in the City's Comprehensive Plan Update Phase 1 Schedule. Public meetings are scheduled to begin in April 1997 to July 1997 and have not.yet begun. The proposed development of Orchard Hills 1st and 2nd Additions should be discussed in conjunction with these public meetings such that the citizens of this area are informed and can discuss this proposed development as it relates to the entire_comprehensive plan. r .~'~,~M^ .x Additional Objections 1. Orchard Lake Schools Orchard Lake School system has gone on record as being already burdened with record enrollment. The Addition 1 and 2 will add to this burden. Environment We are concerned for the preservation of our environment. Jn the plan it states that only 46 percent of our trees will be saved. We feel that this statistic is rather low for saved trees. Such a changed environment will also reduce our property values. Traffic/ Safety Concerns Judicial Road /i 67th Street is already a dangerous road. If we increase our population, we will increase traffic. Yet we have no sidewalks, bike paths, or adequate street lighting. We have no safety features which residences have requested. 4. Lack of Onen Government • The city stated that this development has been "in the works" for 1 1 /2 years already. Why have the residences not been informed? - Postings of i 1 /2 years of work were made approximately one week before the finalizing of the plan. - Residents were not made aware of the availability of the Comprehensive Plan and Future Strategies Reports from City Hall. - Recording 985-PLAN does not. inform residences of the very significant rezoning proposal 5. Assessment Concerns The memorandum from the City Planner dated March 28th, 1997 is not specific as to what costs the existing residents will incur as a result of this development. 6. Future Development The City should honor the public process and Open Government Policy. Discussions should be held in conjunction with the Comprehensive Plan update meetings. • -2- • Please sign and then print your NAME N AT U --------------printed NAME A D D R E S S ~ G~c1 a ~~"lla. I~~~S ~)~d~uc~--P ~ . ~~l`~2QQ, ~2~'rN ~~'lla l ~~f lD5 ~ua~~ctcLf , `~@?-LL ~ ~ /l~~/~ J cel~l~iv~ /his ~z~ ~ l~ /~©~~T ~i. NUS; 1 ~~3 .~~~vc~ ~r~~ Ib~ ~C~/ / ~ C~~~~ ~i ~ ~r~~~~ ~ ~65~ ~ ~ ug C • -3- Please sign and then print your., NAME S I G N AT U R E-----------------printed NAME A D D R E S S L~ . ~1~A7.ORi~i~~nJ /~hal r?~c.~j -1~atl~- l ~,~N1Es d,~sO~i 1~~~3~~D>~1~-~ ~li1i ~G~r'~(C ~~ZS Lp Usef 16~~J'f, 1p~~ ~~7~ ~ r%L~10 f ~1 f ~ lu~~ ~ a ~ b3~t~ ~ ~ nc~ l~ GZye ~ Q ~c~i~ ~s~ ov ~ I (~35 ~ L ~ ~c a tie ~ J; ~ 16 `~~D L ~`ivcGt ~ v e , . -4- ~ LAKEVILLE COMPREHENSIVE PLAN UPDATE • PHASE I SCHEDULE March April May June Juiy Aug TASKI INVENTORY AND COMMUNITY PROFILE information gathering and _ ~ ~ ~ report prepration Y Staff Review ` - ~ TASK N TACTIC / VISIONING lnterviews a Visioning Sessions * ~c * ~ TASK III RURAL/SERVICE AREA Neighborhood Visioning ~c Issues Summary ~ ~ Planning Districts ~ _ ~ ~ Neighborhood Presentations ~k Revisions ~ ~ Workshop Public Hearing ~k City Council Meeting * A 1997 A Prelimianry Report • Final Report * Meetings /Presentations. _ _ ~ _ ,b City to get com rehensve ` lan for the next een ~ .4 p _ p 1 Lakeville officials believe a new ~ ~ # ~ Y # NAC President David Licht met with the Because'af the large change in. 's sere plan will enable. them City Council at its March 17 meeting to ex- sizeandthediversityofissaestha~now`fie 0 Ib~~avigate into the 21 st ter~tury. plain how his. company would help the city to community, Lichtinformed the oounpl that the define-its new. direction. plan would need to be od~nducted in phase~`a"; besides the state's mandate there is cer- Phase ,T ,would developing an inventory cy James Craven tainly good reason for the city to require at- and comiunity profil~ofthe city. This'phase tall Writer ~ tention. to producing a new plan," said Licht. wouldbeasummaryofexistingconditions~+e= "Your current<comprehensive plan is based on Iated ~to ;the Lakeville iiemograpIuc pr6~le, Rapid population growth and the stresses a 1980s document, adopted in-1981 and sub- land use, housing;- lari~~se controls;~~l"s- iat come with increased development have Sequent u dates that is basicall out of date. P y portation and infrastruc~tre. _ ^ompted the city of Lakeville to begin form- `t'he city has certainly changed over "that Phase II would IauDk$~ plannmg Et~c~:ics ig'a new comprehensive plan. period ofyears and issues that are confronting through the use ofinter~~ws of city offiials Beyond the city's need for a clearer defini- you now. are somewhat different," he said. and sta$ and residents:: ~ ` + ~ ~ of direction, the move was prompted by a A goal for most cities is to have a compre- Phase III will _be the fea mutation of a land gislative requirement to have a new plan in hensive plan that clearly outlines the growth, use recommendation ari'd~plans, for areas cur- .ace; by December 1998. land use, transportation, and infrastructure rentI3rideritified as rurarservice areas: ~ Aldng with members of the city staff, the objectives for a specified period of Lime. "We envision it `will take. a year and half to au will be prepared by Northwest Associat- Lakeville's ne~y plan will define the city ' - . d Csrnsultants (NAC)"of St. Louis Park.... though 2020. = PLAN~To Page 17A - a, BumsvilleJLakeville SurrCurrenUWednesday, April 2, 1997 17A Plan: Meetn s to ather in ut g ~ ~ l~ From Page lA said. "This" -information will then be brought back to the planning commission \ two years to update the city's comprehen- ~ for review." sive plan at a minimum,"said Licht. After drafting a plan, Licht plans. to 1 According to Licht the process of devel- have additional neighborhood meetings to oping the plan will involve three neigh- get more input by the residents before boyhood meetings in the rural service area coming before the council. by August 1997. Meetings will be in the "Phis will be a very well-founded, pub- - northeast and north central part of the tic involved process that will lead to a suc- community, along Cedar Avenue, south of cessful conclusion m terms of a plan that j Dodd Avenue, and along Pilot Knob Road; will guide the city," Licht said. "Lakeville in the rural area south and west of Mc- can pride itself on its planning activities in Stop; and in the area north of Orchard the past and certainly this will continue Lake. that tradition. "At these meetings we will be making a Costs for the .updated comprehensive ~ presentation of what the city's plans are plan will cost the city approximately currently, what activities are going on, $32,500. and then ask for questions, comments, The council approved the NAC propos- and concerns that -they may have," he al unanimously. MISSIOIl helps This mission statement was recently adopted by the Dakota ~akOta COUll County Boazd of Commissioners. in coming months, the County ,pt~ ~ Board and staff wlll incorporate the mission into the decision-mak- tO FOCUS C'IIOI ~S ing process as well as strengthen its daffy emphasis. "We aze already. efficient, effective, and responsive in many ways." "The mission Of Dakota said Commissioner Joseph Harris, "but identifying this as our County is efficient, primary mission will help us focus our efforts and determine our effecrive, -and responsive ~ pnorities." _ government." Contact: Administration, 438-4418.