HomeMy WebLinkAbout04-18-96 City of Lakeville
PLANNING COMMISSION MEETING MINUTES
April 18,1996
The meeting was called to order by Chair Luick at 6:00 p.m. in the City Hall Council
Chambers.
Roll call of members was taken. Present: Bellows, Miller, Kowalke, Rieb, Luick,
Amborn, Cecchini, Wulff. Absent: None.
Also present: Michael Sobota, Community and Economic Development Director;
Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Tim Hanson, Assistant
City Engineer; Jim Walston,. Assistant City Attorney; and Donna Quintus, Recording
Secretary.
The minutes of the. Apri14, 1996 Planning Commission meeting. minutes were
approved as printed...
ITEM 4 -CONSENT AGENDA
96-38 MOTION by Miller, Seconded by Amborn to recommend to the City Council approval
of the consent agenda as follows:
A. Consideration of the Final Plat for Country Creek Estates 2nd Addition
B. Consideration of the Final Plat for Lakeview Estates 2nd Addition
Roll call was taken on the motion: Ayes:. Unanimous.
ITEM 5 -PUBLIC HEARING: MARION PINES THIRD ADDITION EASEMENT
VACATION
Chair Luick opened the public hearing to consider an application for a vacation of a
drainage and utility easement. City Attorney Walston attested that the legal notices
had .been duly published and mailed.
Mr. James Wiebusch has submitted an application for the vacation of a 20-foot wide
drainage and. utility easement on his property located at 10072 l 98th Street West,
legally described as Lot 13, Block 1, Marion Pines Third Addition.
Associate Planner Frank Dempsey presented an overview of the .proposed easement
vacation for Lot 13, Block 1, Marion Pines 3rd Addition which was originally platted
as a custom graded `lot with standard lot line drainage and utility easements. However,
an additiona120-foot drainage and utility easement exists which cuts across the
southern two-thirds of the lot. The. property owner has expressed his preference for lot
runoff to follow the natural drainage pattern of the area through the front yard. This
drainage alignment will require the owner to install a culvert under the proposed
.driveway and to dedicate a drainage and utility easement in the front yard area to
ensure drainage in a public easement. The requested easement vacation will .also
Regular Planning Commission Meeting Minutes
April 18, 1996
Page 2
allow develo rnent of the arcel with minimum tree r m v
p P e o al. Staff has determined
that drainage of the lot can be accommodated in the front yard as proposed and,
therefore, recommends approval of the easement vacation as requested.
Mr. Wiebusch was present and indicated his agreement to the conditions as outlined in
.the Engineering Report dated April 1 1, 1996.
There was no public comment.
96-39 MOTION by Wulff, seconded by Miller to close the. public hearing.
Roll call was taken on the motion. Ayes: Unanimous.
96-40 MOTION by Rieb, seconded by Cecchini to recommend to City Council approval of
the proposed .easement vacation of the 20-foot wide rear yard drainage and utility
easement as requested for Lot 13, Block 1, Mazion Pines Third Addition subject to the
stipulations as outlined in the engineering report dated April 11, 1.996.
Roll call was taken on the motion.
• Ayes: Unanimous.
ITEM6 - PUBLIGHEARING: SUPERAMERICA (ASHLAND DIL CO.) VACATION
REQUEST
Chair Luick opened the public hearing. to consider the application of Ashland Oil
Company for the vacation of existing public roadway, drainage and utility easements
on land located at the northwest intersection of County Road 23 and County Road 50.
City Attorney Walston attested that the legal notices had been duly published and
mailed.
Ashland Oil Company is requesting.vacation of an existing public roadway and
drainage and utility easements on their property located in the northwest. quadrant of
CSAH 50 and CSAH 23 (Cedar Avenue). These easements were initially placed on
the property when an administrative subdivision of the property took place in 1994.
Ashland Oil has decided to :plat the property (SuperAmerica 2nd Addition) into four
lots and construct a public street to allow development of a SuperAmerica gas station
and convenience store. The existing easements, which were established in anticipation
of a single use, can now be vacated to clear up property title work. The proposed
SuperAmerica 2nd Addition plat will properly establish required. drainage and utility
easements and road rights-of--way.
When questioned by the Commission planning and engineering staff advised that
considerable review had been completed: regarding proposed .driveway location and
perceived traffic patterns in this azea. Vehicular movement is restricted with no direct
access to the proposed uses of this site from Cedar Avenue, 210th Street, nor County
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April 18, 1996
.Page 3
•
Road 50. It is staff's determination that the proposed vehicular :movement pattern of
the SuperAmerica 2nd Addition addresses safety issues and is preferred to other
scenarios.
Ex Officio Commission Member Bellows stated that the County will be installing full
four-way signalization at the County Road 50/Cedaz Avenue intersection as part of the
County Road 50 project which should be completed within the next one to two yeazs.
Sam Van Tassel, representative for SuperAmerca/Ashland Oil Co., was present to
answer questions of the Commission and public.
There were no comments from the public.
96-41 MOTION by Amborn, seconded by Rieb to close the public heazing. '
Roll call was taken on the motion. Ayes: Unanimous.
96-42 MOTION by Amborn, seconded by Rieb to recommend to City Council approval of
the vacation of the roadway and drainage and utility easements as described in the
Planner's Report dated April 10, ' 1996 contingent. on the final plaf being reviewed by
• the Planning Commission prior to recording the vacation resolution and subject to the
comments and stipulations as outlined in the engineering. report :dated April. 12, 1996.
Roll call was taken on the. motion.
Ayes: Unanimous.
ITEM 7: PUBLIC HEARING: HIGHCROFT ADDITION PRELIMINARY PLAT
Chair Luick opened the public heazing to consider the preliminary .plat of Highcroft
Addition.. City Attorney Walston attested that the legal notices had been. duly
published and mailed.
City Planner Daryl Morey presented an overview of an application for. the Highcroft
Addition preliminaryplat. The_proposed single family residential development
consists of 29 lots on a .15.38-acre pazcel located in the southwest corner of 160th
Street (CSAH 46) and Harmony Path. The azea proposed for development is currently
zoned R-2 Single Family Residential.
The plat also includes two outlots. Outlot A, located in the northeast corner of the
plat, covers an existing wetland as well as the proposed. wetland mitigation area.
. Outlot B, located: in the southwest corner of the plat, will be deeded to the City for use
as part of a neighborhood park.
Planner Morey noted that the City,. as part of the 1994 pazk bond referendum,. had
identified a neighborhood pazk in the area. of the,proposed Highcroft Addition plat. and
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April 18, 1996
Page 4
i
recently purchased an adjacent eight-acre parcel from the Eiseles for the development
of a neighborhood park, along with proposed Outlat B, Highcroft Addition (2.2
acres). Planning. staff has proposed to the developer that the recently purchased Eisele
property be combined with Outlot B and included in the final plat of Highcroft
Addition to erase the property line within the future park. In exchange for this
consideration the City. has offered to deed Outlot A, Highview Heights 6th Addition to
the developer for inclusion in the Highcroft Addition plat in order to connect proposed
Harmony Trail with existing Harmony Path.
Assistant City Engineer Tim Hanson advised that recent soil borings indicated a
perched water table condition on varying sites and locations throughout the project.
He stated that this is not a "groundwater" problem and that this condition can be
remedied by using drain the around some of the lots similar to other developments in
the. area. City Engineer Hanson also responded to questions from Commissioner
Cecchini regarding safety of proposed ponding areas within the plat.
Commissioner Amborn requested information regarding berming and. landscaping
treatment with regard to efforts to alleviate noise generated from 160th Street.. Staff
responded.
• There was no public comment.
96-43 MOTION by Cecchini, seconded by Wulff to close the .public hearing.
Rolf call was taken on the motion. Ayes: Unanimous.
96-44 MOTION by Wulff, seconded by Miller to recommend to City Council approval of the
Highcroft Addition preliminary plat subject to the twelve stipulations as outlined in the
Planning Report dated April 18, 1996 with a correction to stipulation No. 9 to read
"Driveway access for Lot 4, Block 4 shall be off of HarmonyTrail and an additional
stipulation No: 13 to read "A complete groundwater study and: appropriate measures
be taken to address groundwater issues prior to.consideration of the final plat," and
subject to .comments as outlined in the engineering report dated April 11, 1996.
Roll call was taken on the motion:
Ayes: Unanimous.
ITEM $ -PUBLIC HEARING:. PARADISE HILLS.PRELIMINARY PLAT & LOT
VARI~iNCE
Chair Luick opened the public hearing for consideration of a preliminary plat, minor
comprehensive. plan amendment, and lot depth variance for one lot for Paradise Hills.
City Attorney Walston attested that the legal notices had been duly published and
mailed.
Regular Planning Commission Meeting Minutes
April 18, 1996
Page 5
Mr. Carl Tollefson, Tollefson Development,-has submitted apreliminary plat for
Pazadise Hills. The 41-lot single family residential development is proposed fora 24-
acre pazcel .(1.71 units per acre) located west of Ipava Avenue across from Lakeville
Senior High School, north of Kenwood Trail (CSAH 50) and east of Appaloosa Farms
(residential neighborhood consisting of approximately twenty-seven 2.5-acre lots on
Iteri Avenue). All lots meet minimum ordinance requirements for the R-2 Single
Family District with the exception of a lot depth variance for one double frontage lot
abutting Ipava Avenue.
City Planner Daryl Morey provided a'detaled overview of the preliminary plat as
outlined in his report dated April 12, 1996. Mr. Morey presented the following:
• zoning & adjacent land uses;
• consistency with the Comprehensive Plan;
• phasing;
• proposed street configuration and subdivision layout;
• driveway access for specific lots;
• berming/landscaping;
. tree preservation plan;
• grading, drainage, erosion .control, and utilities;
• wetlands;
• park and trail dedication; and
• the need. for a minor Comprehensive Plan amendment to bring this property into the
Yeaz 2000 Urban Service Area.
City Planner Daryl Morey advised that the developer .hosted a neighborhood meeting
on April 2, 1996 at the high school. Those neighbors in attendance generally
supported the proposed design of the subdivision with the exception of a proposed
unnamed street being stubbed to the west plat boundary because they felt it had the.
potential to lower the value of their property.
When questioned by Commissioner Rieb regazding the purpose for stub streets,
Community and Economic Development Director Michael. Sobota indicated that it has
been the City's policy to provide street stubs to adjacent undeveloped or
underdeveloped properties for future access when they are developed or redeveloped.
The rationale for these connections is to address vehiculaz, pedestrian and emergency
vehicle access needs. As to the proposed location of the stub street in the Paradise
Hills plat, Mr. Sobota indicated that extensive discussions and thorough studies had
been conducted regazding existing topography, soils conditions, and tree inventory of
the entire site and it was determined by City staff' and the developer that the proposed
location represented the most logical area for a future east/west connection with the
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April 18, 1996.
Page 6
least amount of impact to the proposed subdivision, as well as the ro erties to the
P p
west.
Mr. Carl Tollefson, President - Tollefson Development, Mr: Gary Harris, Project
Designer, and City staff responded to several questions from the Commission.
Chair Luick recessed the regular meeting for aten-minute break. The meeting was
reconvened at 8:10 p.m. with Chair Luick requesting comments from the public.
Those in attendance and who made publiccomment included the following; Christine
Hanson, 19480 Iteri Avenue; Michael Loehr, 19440 Iteri Avenue; Kathy Fitzpatrick,
19455 Iteri Avenue; Wayne Jagow, 19553 Iteri Avenue;. Stacie Kath, 9850 Iteri Court;
Edward. Hayes-Hall, 9830 Iteri Court; Harlan Miller, `9805 Iteri Court; Charles and
Gayle Curren, 9835 Iteri Court; Larry Shafer, 9880192nd Street West; and Deborah
Rohr, 9894 194th Street West.
It was the general consensus of the neighborhood group that the proposed
development. was a good plan. and use for the property. However, the neighbors all
agreed and expressed opposition to the construction of the proposed stub road for the
future eastlwest connection to their neighborhood: Reasons for this apposition to the
• stub road included:
1) economic impact to their property;
2) stub road construction shows "intent" to put road through which threatens the
neighborhood's rural lifestyle;
3) construction of the future eastlwest connection will encourage "cut-through"traffic
and increase local neighborhood traffic when the road is extended to Iteri Court;
4) stub streets attract loitering and promote crime; and
5) loss of control by the neighborhood. as to when the. connection will occur which
would force them to subdivide their properties before they. are ready..
Community and Economic Development Director Sobota discussed the timing for
construction of the stub .street. Also, from a planning perspective, problems could
arise when future homeowners in Paradise Hills, especially the owners of the lots to
the north and south of the proposed stub street, may not be aware of or understand that
the street right-of--way exists if the road were not constructed at this time. Mr. Sobota
indicated that it was the developer's responsibility to provide the street access and,
ideally, that construction should take place at the.. time of the development of the plat..
Additional questions were raised regarding the availability and timing of sanitary
sewer to their property. Staff responded that sanitary sewer would access the
Appaloosa Farms neighborhood. from the south,. west of Highway 50,
96-45 MOTION by Kowalke, seconded by Wulff to close the public hearing.
Regular Planning Commission Meeting Minutes
April 18, 1996
Page 7
• A es: Wulff Miller Kowaike Rieb Luick Am rn
Y bo .
Nays:. Cecchini, because he believes more discussion and further studies aze needed
regarding. alternatives for addressing future neighborhood connections.
Motion passes.
Upon further discussion between the Commission, staff, developer and public there
was general consensus of the Commission that there is a comprehensive need to
provide for future street connections between neighborhoods. Several alternatives and
modifications to the staff recommendation were discussed in an effort to address the
issues and preserve the integrity of the existing neighborhood to the west, as well as to
protect the City and taxpayers from unnecessary development. expenses in the future
when redevelopment of this entire azea occurs. There also is a need to construct a
water main to the western plat line for future looping of the city water system.
Community and Economic Development Director Sobota stated that construction of
the proposed future connecting street is dependent upon the property owners in the
Appaloosa neighborhood. This includes the property owners' request for extension of
City sanitary sewer to their properties or if major groundwater and soils contamination
• is detected due to .failure of existing on-site septic systems. These decisions aze costly
to the property and generally act as a major motivation for property owners' request for
public sewer.
96-46 MOTION by Wulff, seconded by Rieb to recommend to City Council approval of the
Paradise Hills preliminary plat and lot depth vaziance for one lot subject to the 13
stipulations stated in the planner's report dated April 18, 1996. and, also, the addition
of a 14th stipulation to read as follows: "The stub street shall not be constructed. at this
time; however, the water main shall be constructed and a 60-foot wide easement for
drainage and utility, trail, and roadway. purposes shall be recorded on the two lots north
and south of the stub street identified on the Paradise Hills preliminary plat as Lot 1,
Block 2 and Lot 1, Block 3; and, also, that the. developer shall provide cash. security
for the future construction of the street to the westerly-subdivision boundary when the
property to the west redevelops.
Roll call was taken on the motion.
Ayes: Miller, Rieb, Luick, Amborn, Cecchini, Wulf£
Nays: Kowalke. Commissioner Kowalke indicated his understanding of the planning
scenarios and provisions forfuture neighborhood connections; however, he expressed
uncertainty as to the implied value of this. particular roadway for the City and the
neighborhood:
Motion passes.
ITEM 9: UNFINISHED BUSINESS: (None)
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April 18, 1996
Page 8
ITEM 10; NEW BUSINESS: (Brief overview of upcoming projects}
There being: no Furth r business, the meeting was adjourned at 10:00 p.m.
Respectfully submitt d,
Donna Quintus, Rec rd~ g Secretary
ATTEST:
David Luick, Chair