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HomeMy WebLinkAbout04-04-96 i CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES APRIL 4,1996. The meeting was called to order by Chair Luick at 6:00 PM in the City Hall Council Chambers. Roll call of members was taken. Present: W. Wulff, R. Cecchini, H. Amborn, D. Luick, G. Kowalke, D. Miller and D. Bellows. Commission member L. Reib was absent. 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 Judith Ryan, Recording Secretary. ITEM 3. -MINUTES OF MARCH 21, .1996. The minutes of the March 21, 1996 Planning Commission meeting were approved with a correction on page 2. Following Motion 96-28, the sentence should read: Commission Chair Luick suggested and the Commission. agreed to direct staff to modify • the proposed Conditional Use Permit Amendment to further clarify that church services and pre-school services shall not run concurrently. ITEM 4. -CONSENT AGENDA. A. Consider the final plat of Rock Island Townhomes 2nd Addition. City Attorney Jim Walston. explained that Rock Island Townhomes 2nd Addition was placed on the consent agenda for final plat approval since this was a second phase final plat, no issues needed to be addressed and the public hearing took place at the time the preliminary plat was recommended for approval by the Planning Commission. Community and Economic Development Director Michael Sobota stated that the plat has been reviewed by the Environmental Affairs Committee and the Parks and Recreation Advisory Committee, which had no issues to bring before the Planning Commission. 96-33 Motion was made by Miller, seconded by Wulff to approve the Consent Agenda:. Roll call was taken on the motion. Ayes: Unanimous. ITEM 5. -PUBLIC HEARING: KILKENNY. POND 2ND ADDITION. Chair Luick opened the public hearing to consider a lot area variance in Kilkenny Pond • 2nd Addition. Final plat approval of Kilkenny Pond 2nd Addition was also considered. Planning Commission Meeting Minutes April 4, 1996 Page -2- • The Ci Attorne attested that the le al notice had been dul ublished and mailed. Tim tY Y g Y p Erkkila of Westwood Planning was present representing the applicant, Lyman Development Company. City Planner Daryl Morey stated that the plat consists of 39 single family residential lots and is located south of Dodd Boulevard, east of Flagstaff Avenue and north of 170th Street. The. preliminary plat approved by City Council did not include 169th Street stubbed to the east plat boundary. The City Council approved the preliminary plat subject to the extension of 169th Street to the east plat boundary. Due to this revision, the developer has lost one lot and is requesting a lot area variance for Lot 5, .Block 2. The lot meets or exceeds ordinance requirements in width and depth, but not area. Staff feels there is adequate area to complete the berm and landscaping and still place a house on the lot. The City Council has indicated that they would support a variance on one lot in order to allow for the extension of 169th .Street to the east plat boundary. The proposed final plat is consistent with the approved preliminary plat however, it was recommended that a portion of the adjacent Elias property be added to Lot 1, Block 6 and Lot 1, Block 5 to make them regular shaped lots, or those two lots should be designated as outlots until the adjacent Elias property is developed. Staff felt that the developer had not • made a good faith effort to negotiate with the adjacent property owner, Mary Ann Elias, to achieve this recommendation. The developer will be required to provide a cash escrow for the future upgrade of Dodd Boulevard .and also a cash security to guarantee the installation of required landscaping. The plat has also been reviewed. by the Environmental Affairs Committee and the Parks and Recreation Advisory Committee who both recommended approval of the plat. Staff recommended approval of Kilkenny Pond 2nd Addition final plat and lot area variance for Lot 5, Block 2, based on 13 stipulations in the planning report. Mary Ann Elias was present at the meeting and stated that she is the owner of the property adjoining the development. She was only recently contacted by a representative of Lyman .Development Company and informed him that she is not interested in doing .any land swapping. She also stated that the adjoining property is farm land and: for safety reasons she feels a board fence should be installed to prevent small children from getting .into the cattle area. She is also concerned about the tree line on her property which separates her land from the proposed development. Tim Erkkila stated that the mature Scotch Pine tree line would not be affected by the . development. At this time he stated for the Commission the Top Ten Reasons Why the City Should Allow Odd Shaped Lot 1, Block 6 and Lot 1, Block S, as Proposed by the Planning Commission Meeting Minutes April 4, 1996 Page -3- Developer. He stated that .keeping the two lots off the market poses a severe economic hardship. He stated that the developer would like to have the plat ready for approval by the next City Council meeting and the addition of property to the plat would delay its approval. Daryl Morey suggested that the east line of Lot 1, Block 6 could be moved to the west to make the lot more uniform. He stated that the subdivision ordinance attempts to avoid platting oddly shaped lots. Erkkila stated this would be a workable. solution. Michael Sobota stated that the remnant piece could then be deeded to the .City as Outlot A and be added to the adjoining property at the time of future development. City Administrator Bob Erickson stated that in the future when developers attempt to plat the adjoining property other ownership and lot line controversies will arise and it would be beneficial to resolve this lot design issue now. An approximately 23-foot triangular piece of Ms. Elias' property is needed to bring Lot 1, Block 6 into conformance. Commission member Wulff questioned how the grading plan as shown on the. plat would work when it appears that the paving for the turnaround on this stubbed street would cover a portion of this lot. Tim Erkkila stated that this is not an uncommon .situation and the. • paving would be in place prior to the building being sited on the lot. Tim Hanson stated that staff is working on an improved configuration for the turnaround. A cash security will be .collected to insure proper removal and restoration of the temporary turnaround when the street is extended with the future development of Ms. Elias' property. Commission member Miller questioned the height of the .berm and whether it, in conjunction with .the trees, would adequately minimize noise levels. He suggested berming on the grading plan should be higher on several lots to be further above building pads. Erkkila stated that any leftover fill materials could be dedicated to berm improvements. Tim Hanson stated-that when Dodd Blvd. is urbanized the elevation will be lowered, which will aid in the noise reduction. It was further stated. that the trees which are proposed for landscaping meet or exceed ordinance requirements. Barbed wire and electric fencing separates Ms. Elias' property from the proposed development. Commission Chair Luick maintained that a board fence as suggested by Ms. Elias would not be a deterrent to those who wished to enter the adjoining property. Commission members recommended that "No Trespassing" signs be erected subject to Ms. Elias' consent. • City Administrator Bob Erickson spoke to Ms. Elias and her son in law, Joe Moeller, concerning a land trade or cash settlement with the developer for Lot 1, Block 5 and Lot 1, Planning Commission Meeting Minutes April 4, 1996 Page -4- Block 6. Followin their discussion Mr. Erickson stated to the Plannin Commission that g ~ g Ms. Elias had been somewhat concerned about assessments, green acre status and the trees on her property. Ms. Elias returned and addressed the Planning Commission, stating that she would be willing to consider negotiations so that a resolution could be reached to bring these two lots into conformance. Tim Erkkila stated that bringing additional land into the plat would change the deeding requirements and may necessitate pulling the plat off .its scheduled consideration by City Council. Jim Walston suggested combining these two lots into Outlots A and B and final platting them at a future date. This would not .delay approval of the .remaining 37 lots of the development. The developer would retain ownership of Outlots A and B and come back to the City for approval of two regular shaped lots when the appropriate negotiations have been completed with Ms. Elias. Ms. Elias' son in law, Joe Moeller, stated that if the developer is willing to come forward to negotiate there would be a good possibility to work something out. Saving their tree line is their major concern at this point. 96-34 Motion was made by Miller, seconded by Amborn, to close the public. hearing. Roll call was taken. on the motion. Ayes: Unanimous. ~6-35 Motion was made by Miller, seconded b Cecchini, to recommend to .City Council Y approval of the Kilkenny Pond 2nd Addition final plat and lot area variance pursuant to the Findings of Fact, the Dakota County Plat Commission approval and .recommendations by staff including amendment of stipulation #4 of the Planning Report to include Lot 1, Block 5 and Lot 1, Block 6 in Outlots A and. B; and deletion of stipulation #5. In stipulation # 11 the tree preservation and. protection security required should be amended to be $7,000. Roll call was taken on the motion. Ayes: Unanimous. .Tim Erkkila thanked City staff and Planning Commission members for their time and efforts. ITEM 6. -PUBLIC HEARING. A) Ordinance No. 167, the Lakeville Zoning Ordinance, concerning .property owner notification for: conditional use permits, amendments, and variances; and B) Title 10, the Subdivision Ordinance of the. Lakeville City Code, concerning property owner notification for preliminary plat review and Subdivision Ordinance variances. The City Attorney attested that the legal notices had been duly published. City Planner . Daryl Morey reviewed the proposal which would increase the area in which surrounding Planning Commission Meeting Minutes April 4, 1996 Page -S- • limin lats property owners .receive mailed public hearing notifications for pre ary p , conditional use permits, variances .and rezonings from 350 to 500 feet. Planning Commission members had previously received a memo from Associate Planner Frank Dempsey and discussed this issue at their February 15, 1996 meeting. The need to increase public awareness was identified during the Lakeville Forum sessions. The Zoning and Subdivision Ordinance Amendments were drafted by David Licht of Northwest Associated Consultants who also suggested that .the Planning Commission and City Council consider. reducing the notification area from 350 to 200 feet for minor variances, special home occupation permits and conditional use permits involving single family detached dwellings. However, since State law requires notification for anything processed as a CUP to be 350 feet, and since this is Lakeville's policy, Licht withdrew this recommendation. Commission member Miller stated that in neighborhoods with larger lot sizes, fewer people would actually be notified. Daryl Morey stated that a typical mailed public hearing notification involves 12 to 15 property owners. Staff indicated that for public awareness purposes, signage will be placed on property proposed for a rezoning, variance, conditional use permit or plat. Staff is looking into various methods and sizes of such signage. •6-36 Motion was made by Wulff, seconded by Amborn to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 96-37 Motion was made by Wulff, seconded by Cecchini, to recommend .approval of an Amendment to Ordinance No. 167, the Lakeville Zoning Ordinance, and Title 10, the Subdivision Ordinance of the Lakeville City Code, as drafted by David Licht, Northwest Associated Consultants, Inc., to require notification to property owners located within five hundred (500) feet of the subject property for applications involving preliminary plat review, conditional use permits, variances and rezonings. Roll call. was taken on the motion. Ayes: Unanimous. ITEM 7. -UNFINISHED BUSINESS. Michael Sobota informed Commission members that a neighborhood meeting was held Apri12, 1996 concerning the proposed Paradise Hills subdivision. ITEM 8. -NEW BUSINESS. There was no new business at this time. Planning Commission Meeting Minutes. April 4, 1996 Page -6- ITEM 9. -ANNOUNCEMENTS. The next meeting of the Planning Commission is scheduled for April 18, 1996. ITEM 10. -ADJOURNMENT. There being no further business, the meeting was adjourned at 7:50 PM. Respectfully submitted, Ju ith Ryan, Record g Secretary ATTEST: David Luick, Chair