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Home My WebLink About03-02-95 • CITY OF LAKEVII..LE PT,ANIVING COMMISSION MEETING MINUTES MARCH 2, 1995 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: Holberg, Amborn, Steigerwalt, Luick, Reib. Absent: Skipton, Miller. Also present: Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development Director; Jim Walston, Assistant City Attorney; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Tim Hanson, Assistant City Engineer; Mira Holliday, Recording Secretary. The minutes of the February 16, 1995 Planning Commission meeting were amended on page two regarding Trinity Church as follows: Robert Erickson explained to the Commission that Trinity Church had approached the City for technical assistance in dealing with the parking design in recognition of condemnation action between Dakota County, the City of Lakeville, and the Church. He went on to state that • Sugar Roscoe Fausch, the City's consulting engineer evaluated the parking plan submitted by the church and presented design alternatives, taking into consideration the significant trees in the area. Mr. Erickson also stated that the consultant has met with the adjacent property owners to the north, the Holloways. ITEM 4 The public hearing. to consider the application of Dr. John Petran for a conditional use permit to allow a veterinary clinic in the B-4, General Business District was opened. -The City Attorney attested that all legal notices had been duly published and mailed. Frank Dempsey presented an overview of the proposed conditional use permit, outlining the planning report dated February 22, 1995. His review included the following: • Background • Proposed administrative subdivision of the Toll Welding property • Zoning • Comprehensive Plan • • Property ownership • Proposed property ownership PLANNING COMMISSION MEETING NIINUTES MARCH 2, 1995 PAGE 2 • • Lot size • Lot width • Surrounding land uses and zoning • Site and building specifics • Parking • Building exterior • Signage • Landscaping/Screening • Site lighting • Exterior trash storage • Zoning Ordinance requirements • Engineering recommendations Mr. Dempsey stated that staff recommends approval of the proposed conditional use permit subject to the stipulations listed in the planning report. Dr. Petran was present to answer questions of the Commission and public. The Commission held a discussion which included: • • Boarding of animals overnight (no kennel service) • Freezer unit for carcasses • Parking lot lighting • Medical waste pick-up • Walls and floors sealed • Handicapped parking stalls There was no public comment. Amendments to the stipulations listed in the planning report were recommended as follows: 6. Walls and floors of the dog kennel area shall be made of non-porous materials or sealed concrete to make them non-porous. The building .shall be soundproofed in conformance with the Zoning Ordinance requirements. 8. No kennel services or boarding of animals (with the exception of animals requiring treatment) shall be permitted on the premises without approval of a conditional use permit amendment. 95. 23 Motion was made by Steigerwalt, seconded by Holberg to close the public hearing. • Roll call was taken on the motion. A es: Unanimous. Y PLASINING COMIVIISSION MEETING NIINC7TES MARCH 2, 1995 PAGE 3 • 95.24 Motion was made by Holberg, seconded by Steigerwalt to recommend approval of the application of Dr. John Petran for a conditional. use permit to allow a veterinary clinic in the B-4, General Business District subject to the planning report dated February 22, 1995, as amended, and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 5 The public hearing to consider the application of Ann Proudfoot for a conditional use permit to allow the construction of a dance studio in a B-1, Limited Neighborhood Business District and a variance to allow a driveway access located less than 40 feet from the intersection of the Dodd Boulevard and Icenic Trail rights-of--way was opened. The City Attorney attested that all legal notices had been duly published and mailed. Roll call was taken on the motion. Ayes: Unanimous. Daryl Morey stated that the applicant had submitted a letter requesting the item be tabled. 94.26 Motion was made by Amborn, seconded by Steigerwalt to continue the public hearing. Roll call was taken on the motion. Ayes: Unanimous. ITEM 6 The public hearing to consider the application of Nedal Abul-Hajj for the preliminary and final plat of eight single family residential lots to be known as Orchard Hills 1st Addition; a variance to allow a cul-de-sac street with a length greater than 500 feet; and a minor Comprehensive Plan amendment to bring the property into the Year 2000 Urban Service Area was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented an overview of the proposed plat, variance and Comprehensive Plan amendment, outlining the planning report dated February 24, 1995. His review included the following: • Background • Zoning and adjacent land uses • Consistency with the Comprehensive Plan • Density PLANNING COMMISSION MEETING MINUTES MARCH 2, 1995 PAGE 4 • • LotsBlocks • Setbacks • Streets • Grading, drainage and erosion control • Engineering recommendations • Dakota County Soil and Water Conservation District recommendations • Environmental Affairs Committee recommendations • Utilities • Tree preservation • Wetlands • Park and trail dedication • MUSA Mr. Morey stated that staff recommends approval of the Orchard Hills 1st Addition preliminary and final plat, cul-de-sac street length variance, and minor Comprehensive Plan amendment to bring the property into the 2000 MUSA subject to the stipulations listed in the planning report. Mr. Abul-Hajj and Nick Polta, Pioneer Engineering, were present to answer questions of the Commission and public. The Commission held a discussion which included the following: • Drainage and utility easement around pond • Grading • Tree protection fencing • House locations • Severe topography • Retaining walls • Impact on wetlands • Depth of fill under house pads • NURP pond • Lot area calculation • Extension of trunk sanitary sewer to neighboring home public Comment: Dean Knoblach, 16771 Judicial Road expressed concern over the following: • The grade of the slope on the east side of the plat • How the plat will affect drainage to the east . • City requirement to hook up to City sewer within two years PLANNING COMMISSION MEETING MINUTES MARCH 2, 1995 PAGE 5 Robert Erickson explained the regulations regarding hooking up to sanitary sewer, explaining that a certified letter stating the septic system is in good working order, could result in an exemption from having to hook up until such time that the private system fails. Staff addressed the other concerns of Mr. Knoblock including that drainage area to the east of the plat has actually been reduced. Doug Drew, 9851 L. 167th Street (property owner directly west), expressed his concern regarding the environmental sensitivity of the area. He also questioned the following: • Grade and elevation of the proposed street • Rainwater run-off • Location of storm sewer • Conservation easement • What type houses to be built Tim Hanson addressed Mr. Drew's questions. Mr. Abul-Hajj stated that the • houses proposed to be built will be in the $300,000 to $400,000 range. Mr. Knoblach questioned the drainage into Goose Egg Lake and Sunset Lake. Staff responded. Dave Truehart, 16949 Judicial Road, expressed .concern over setbacks and questioned the stipulations in the planning report. Staff responded. Bob Deese, 16910 Judicial Road, questioned what guarantee the City will have that the project will be completed. 1VIr. Sobota explained the contractual security requirements. Mr. Deese also questioned the layout of the driveway on Lot 1 being so close to Mr. Truehart's property. He asked if the driveway could be moved to the north. Staff responded. Brian :Seeman; 16870 Judicial Road;:.stated he felt the houses should be made to fit -the .land, -not the land made to fit the. houses. He expressed concern over safety of Judicial Road and the intersection of the cul-de-sac into the new development. Staff responded. Robert Erickson .explained the runoff separation and stated that the Environmental Affairs Committee had reviewed the proposed plat for three hours at their meeting on February 28th and had thoroughly evaluated the tree preservation, grading and . erosion control issues. , PLASII~TING COMMISSION MEETING MINUTES MARCH 2, 1995 PAGE 6 95.27 Motion was made b Stei erwalt seconded b Amborn to close the ublic hearin . Y g ~ Y P g Roll call was taken on the motion. Ayes: Unanimous. 95.28 Motion was made by Steigerwalt, seconded by Holberg to recommend approval of the application of Nedal Abul-Hajj for the preliminary and final plat of eight single family residential lots to be known as Orchard Hills 1st Addition, a variance to allow a cul-de-sac street with a length greater than 500 feet, and a minor Comprehensive Plan amendment to bring the property into the Year 2000 Urban Service Area subject to the planning report dated February 24, 1995, the engineering report dated February 24, 1995, the Dakota County Soil and Water .Conservation District report dated February 22, 1995, the recommendations of the Environmental Affairs Committee, and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 7 -UNFINISHED BUSINESS Robert Erickson discussed the settlement of the Holman vs. HUD law suit. • ITEM 8 -NEW BUSINESS Jim Walston made a presentation regarding "Overview of Conditional Use Permit Law". The Commission held a discussion. There being no further business, Chair Luick adjourned the meeting at 9:45 p.m. Respectfully submitted: D v .Mira Holliday, Reco ing Secretary ' ATTEST: David Luick, Chair